1.1. These Conditions of Business (the “Conditions”) outline the contractual relationship and obligations between MODAMIAMI (as defined on page 1 of the Entry Agreement) and the Owner (as defined on page 1 of the Entry Agreement) in relation to the Concours.
1.2. Please ensure that you read, understand, and agree to these Conditions prior to entering a vehicle into the Concours (the “Motor Car(s)”).
1.3. MODAMIAMI’s contractual relationship with the Owner is governed by:
1.3.1. These Conditions;
1.3.2. The Conditions, notices, or addendums displayed on MODAMIAMI’s website; and
1.3.3. In each case as amended by any notice or announcement at the Concours. (clauses 1.3. to 1.3.3. collectively, the “Contractual Obligations”)
2. Entry and Participation:
2.1. Entry to the Concours is by invitation of MODAMIAMI only and MODAMIAMI reserves the right to refuse entry to the Concours without reason.
2.2. The Motor Car(s) must be legally registered for driving on public roads or on permit (non-runners and show cars excluded).
2.3. The Motor Car(s) must not be shown or exhibited at any other Florida public car show, event, display, or auction within 20 days prior to the Concours unless the prior written consent of MODMIAMI has been obtained.
2.4. The Owner may not substitute the Motor Car(s) for another vehicle without the prior written consent of MODAMIAMI.
3. Transportation: The Owner will be responsible for arranging transportation for their Motor Car(s).
4. Cancellation of Concours:
4.1. MODAMIAMI will use reasonable efforts to avoid cancellation/ rescission of the Concours; however, MODAMIAMI has the sole discretion to cancel/rescind the Concours and will not be liable to the Owner, Entrant, or Handler/Technician for any losses or damages resulting from the cancellation/rescission if MODAMIAMI believes the following events have occurred or have a reasonable chance of occurring:
4.1.1. Force majeure events;
4.1.2. Government/court actions that necessitate cancellation.
4.2. In the event of a cancellation of the Concours, MODAMIAMI will endeavor to reschedule the Concours. If it is not rescheduled within a reasonable time frame after the originally scheduled Concours, refund requests less expenses and reasonable costs will be evaluated for 60 calendar days following the cancelled Concours. Requests can be sent to email@example.com.
5. Withdrawal from Concours: In the event that the Owner wishes to withdraw a Motor Car(s) from the Concours, the Owner must provide written notice to MODAMIAMI no less than 30 days prior to the date of the Concours.
6. Insurance: The Owner will be responsible for maintaining adequate property insurance on the Motor Car(s) at all times.
7.1. In the event of loss, damage, liability or injury to the Owner, Entrant, or Handler/Technician or the Motor Car(s) arising from the Concours, the Owner will indemnify, defend (with MODAMIAMI’s sole choice of counsel), and hold MODAMIAMI and its affiliates harmless from any claims, demands, losses, expenses, damages, costs, actions, and liabilities including, and without limitation to, court costs and attorneys’ fees, of whatever kind or nature that may or may not occur, whether known or unknown, on the account of, arising out of, or related to the Concours.
7.2. In the event of loss, damage, liability, or injury to (1) MODAMIAMI, (2) contractors/agencies, (3) the Biltmore Hotel, (4) attendees of the Concours, (5) Sponsors OR (6) anyone else impacted by the Owner’s, Entrant or Handler/Technician’s actions or the Motor Car(s) in relation to the Concours the Owner, Entrant or Handler/Technician will be solely responsible and indemnify, defend (with MODAMIAMI’s sole choice of counsel), hold MODAMIAMI, the Biltmore Hotel and their affiliates harmless from any claims, demands, losses, expenses, damages, costs, actions, and liabilities.
7.3. If the Motor Car(s) or the Owner, Entrant or Handler/Technician cause any material damage to the property of the Biltmore Hotel, the Owner, Entrant or Handler/Technician will immediately provide reasonable compensation (as determined by the Biltmore Hotel) to rectify the material damage to the Biltmore Hotel.
8. Entire Agreement: Except as otherwise expressly provided herein, these Conditions shall not be modified, except in writing.
9. Assignment of Rights: MODAMIAMI may assign to a third-party, without limitation any rights.
10. Photography, Videography, and Illustrations: All photographs, videography, and illustrations commissioned by MODAMIAMI for the Motor Car(s) are the absolute property of MODAMIAMI and may be used as MODAMIAMI deems fit.
11. Legal Action: These Conditions shall be interpreted in accordance with the laws of the State of Florida, U.S. Any dispute will be arbitrated pursuant to the AAA Commercial Arbitration Rules.
In the event that either party brings action against the other, arising from or relating to the Concours or the Motor Car(s), the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals.