Termes Of Service
The Sports Car Open Endurance Series (also referred to as SCO ES) is a racing league, which is organized and administered run by morphicon media AG on the iRacing.com Motorsports Simulation service. The full series regulations are available at https://endurance.sportscaropen.com/rules. This series registration form outlines the details of the series, its competition, and terms of conditions. Furthermore, it provides the sole means of registering for the series.
By submitting an entry to the series, the team manager confirms the full series regulations have been read and accepted by him and the teams drivers. Every participating party is required to read, understand, and agree to all rules and regulations prior to participating in any event held as part of the series
A series entry consists of a (1) team manager and two to six (2-6) drivers. You are asked to designate a team manager to provide the sole point of contact for the series administration. The team manager is responsible for the team, its drivers and all actions and consequences that follow in the environment of the series.
1. Participant Obligations
By submitting an entry to the series, you shall, to the best of your ability, at such times as we shall require, fulfil the following obligations:
- participate in every event of the series
- attendance in audio- and/or video services (such as teamspeak, discord or zoom) to illustrate the driver or interact with the drivers prior, during or after the event (details will be made available to the team managers in advance to the season and/or respective event(s))
- participate in associated sporting or media related events. including but not limited to
- driver- or team manager briefings
- press release quotes
- virtual press conferences
- media interviews (by audio and/or video)
You grant to us the worldwide right to use and permit the use in any and all media and by any and all means (in all cases whether now known or hereinafter invented), your name, likeness, biography, photographs and social media posts/content for publicizing the series.
You consent to the series administration, and/or any third party authorized by the series administration, photographing, filming and otherwise recording you in the performance of your obligations and to exploiting, making available, using and permitting the use of such recordings in any and all media and by any and all means, (in all cases whether now known or hereinafter invented) including by way of broadcast and other digital distribution throughout the world in perpetuity.
You agree that we are and shall be the sole and absolute owners of the recording and all rights (including all intellectual property rights) in the recordings shall be owned by us. To the extent that any such rights shall automatically vest in you, you hereby, with full title guarantee, assign to us all intellectual property rights in the recordings (including by way of present assignment of future copyright), to hold the same unto us absolutely throughout the world for the full period of the renewals, revivals, reversions and extensions of such intellectual property rights.
You irrevocably and unconditionally grant to us all relevant consents (whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise) sufficient to enable us (and our assignees and licensees) to fully and freely exploit the recordings and any social media posts, in perpetuity, world-wide, in all media (whether now known or hereafter invented) without the need for any payment other than the benefits provided to you pursuant to this letter.
Further, you hereby irrevocably and unconditionally waive and agree not to enforce any and all moral rights you have or may in the future have with respect to the recordings and/or your social media posts/content whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise.
3. Limitation of Liability
You acknowledge and agree that we shall have no liability whatsoever whether such liability arises in contact, tort (including negligence), breach of statutory duty or otherwise for any: oss of business, use, profit, anticipated profit, opportunity, contracts, revenues, anticipated revenues, goodwill or anticipated savings; loss of data or use of data; or consequential, special, exemplary or indirect loss or damage; even if we have been advised of the possibility of such damages or losses.
We are not excluding or limiting our liability arising out of or in connection with this agreement for death or personal injury caused by our negligence; fraudulent misrepresentation; or any other type of liability which cannot by law be excluded or limited.
4. Warranties and Indemnity
In the performance of your Obligations, you will not do anything which:
- infringes any law or the rights (including without limitation any Intellectual Property Rights or right of privacy) of any third party
- contains any political statement
- advertises or promotes the goods or services, name or brand of any third-party contradictory to the series
- is obscene, immoral, or harmful according to generally acceptable public standards
- offends against the normal standards of decency
- intentionally encourages, in whatever manner, behavior which promotes disparaging views or behavior relating to an individual or group's color, race, nationality, ethnic or national origins, disability, sex, sexual orientation, marital status, religion or age.
You shall carry out all of your Obligations under this letter to the best of your ability, with all due care and diligence and in compliance with all applicable laws and the Accelerate Code of Conduct and Accelerate Sporting Rules. You shall your Obligations in a timely and professional manner and following our reasonable instructions.
You shall not do anything which might reasonably be considered to be prejudicial, derogatory or defamatory to the name and/or image of us or the Competition or any of our sponsors, teams or other stakeholders.
It is at the series administration sole discretion to reject the entry of any team, team manager or driver. We reserve the right to suspend or terminate your participation with immediate effect on written notice to you if you breach any term of this agreement; or if we at any time cancel all or part of the series. Termination of your participation by us shall be without any liability to you whatsoever. Termination of your participation or the expiry or termination of this document shall not affect our continuing right to exercise the rights.
6. Force Majeure
We shall have no liability to you in the event that we are prevented from performing any of our obligations pursuant to this letter or presenting any performance of the series or otherwise continuing by reason of any event or occurrence outside our control.
Any and all information (whether written, pictorial, oral or stored on electronic media) of whatever nature which relates to our business (including, without limitation, operations, plans, market opportunities, customers, copyright materials, operational procedures, methods, know-how, techniques, processes, designs, photographs, specifications, plans, financial information, business plans) or the business and/or personal affairs and activities of participating teams, team managers, drivers, partners, sponsors or any third party taking part in or in any way related to the Competition or the Shows is considered confidential. You shall obtain our prior approval (which we may give or withhold in our absolute discretion) of any statement that you wish to make which relates to or otherwise references your engagement pursuant to this document, or the series in general.
All communication between the series organization and the team, team-manager and or its drivers shall remain strictly confidential without limit in time.
You shall be solely responsible for the payment of all income tax and national insurance due on all sums paid to you pursuant to this agreement. You shall keep us fully and effectively indemnified on a continuing basis in respect of the same, including paying to us, within 14 days of receipt of written demand therefor, accompanied by the relevant notice of assessment (or equivalent), any such national insurance contribution, tax or other levy that any taxing authority demands from us in respect of such payments.
We shall be entitled to deduct from or withhold from all sums payable to you pursuant to this agreement, any amounts that we (or the payer of the applicable sums) are required to deduct or withhold by any competent authority. For the avoidance of doubt, competent authority shall include any authority, body or official of whatever country responsible for and competent to assess, demand or impose any liability for tax or to collect or administer any form of tax.
Where applicable, VAT shall be paid in addition to all sums payable to you pursuant to this agreement on presentation of a valid invoice for the same.
Nothing in this agreement establishes a partnership, joint venture, or the relationship of principal and agent between the parties and neither have the parties the authority to bind the other unless specifically stated in this agreement.
You agree that we shall have the unrestricted right to assign the benefit and/or the burden of this agreement and/or assign and/or license any of the Rights or otherwise permit others to exercise some or all of the Rights and that references in this agreement to "us" shall include our assignees and licensees.
The terms of this agreement shall be governed by and construed in accordance with german law and any disputes shall be subject to the non-exclusive jurisdiction of the german Courts.