DRE Racetrack, Track Warm Up, Road and Rookie Regulation

DEFINITIONS

"Apparel" means:
(i) for DRE Racetrack and DRE Track Warm Up courses: protective motorcycle clothing consisting of: full face helmet; leather riding suit with padding and shell protections on forearms, shoulders and shins; back protection; kneepads; gloves and track boots;
(ii) for the DRE Road and Rookie courses: protective motorcycle clothing consisting of: leather or Cordura jacket and trousers with shoulder, elbow and knee protectors; back protector; gloves and biker or track boots.
The Apparel may be new clothing or pre-owned items of the Participant or shall be rented by the latter from Ducati for taking part in the Course.

"Guest" is the person or persons accompanying the Participant to the Course without taking part in it.

"Circuit" is the track, the paddock area as well as any other place on the racetrack and/or safe driving facility at which the Course shall be held

"Participation Agreement" means the contract which is entered into by and between the Participant and Ducati at the time of purchase of the Course; the Agreement is subject to this Regulation.

"Course" means either of the following theoretical and practical riding courses of the Ducati Riding Academy, organised at the Circuit by the Organisers and detailed on the Website in the section dedicated to the Course, i.e. www.dre.ducati.com Road Course; Rookie Course; Track Warm Up Course and/or one of the Racetrack Courses: Evo Course; Evo2 Course, Master Course, One to One V4 S Course, One to One V4R Course and One to One SL Course.

"Manager" means all persons who manage or own Circuits, including:
- the company Santa Monica S.p.A. with reference to the Misano World Circuit located in Misano Adriatico (RN - ITALY)
- the company Aerautodromo Modena S.p.A. with reference to the Modena Circuit located in Modena (MO - ITALY)

"Ducati" means Ducati Motor Holding SpA - Sole Shareholder Company, subject to the direction and coordination of Audi AG - with registered office at via Cavalieri Ducati no. 3, 40132 - Bologna, Italy.

"Instructors" means the instructors of the Course.

"Motorcycles" are Ducati motor vehicles, new or second-hand, used in the Course.

"Participant" is an individual who has registered for the Course.

"Parties" are the Participant and Ducati jointly.

"Price" is the price for participation in the Course and any Apparel rental fee.

"Organisers" means Ducati and any other natural and legal persons involved in the organisation and delivery of the Course.

"Regulation" includes the present regulations governing the Course and its delivery.

"Website" means www.ducati.com website including the Course section, i.e. www.dre.ducati.com

ART. 1. FEATURES OF THE COURSE
1.1. The Course has a total duration of one day, starting at 8.00 am and ending at 6.00 pm. A lunch break is planned.
1.2. The Course consists of lectures and practice on riding techniques of the Motorcycles provided by Ducati with the models suitable for each type of Course, as listed in the pages of the Website. The Course will take place exclusively within the Circuit and does not include riding of Motorcycles on public roads or elsewhere.
1.3. The content and methods of the Course are only those covered by this Regulation and the Website. The Course will be held in Italian and in English for foreigners.

ART. 2. REGISTRATION AND REQUIREMENTS TO PARTICIPATE
2.1. Participants can purchase the Course only through the Website up to 10 (ten) working days before its start date, unless all available places are sold out earlier.
At the time of purchase, the Participant must pay the full Price by credit card or other means, if any, as provided on the Website.
2.2. Participants must be 18 years of age or older at the time of purchasing the Course and must hold a valid driving licence which allows them to ride the Motorcycles for which they asked to take part in the Course. Participants must bring their driving licence on the day of the Course, presenting it at the request of the Organisers and the Manager.
2.3. At the time of the Course, Participants must be in optimal psychological and physical conditions, especially with regard to the following organs and systems as they are more stressed when riding motorcycles: musculoskeletal, osteoarticular and locomotor, neurological, visual, auditory and cardiovascular. In the event that these conditions should not be met, the Organisers may suspend and, if necessary, exclude the Participant from the Course; it is understood that in this case, the Participant shall not be entitled to a reimbursement of the Price or any refund or compensation for damages from the Organisers and/or the Manager.
2.4. It is understood that, to the extent permitted by law, neither Ducati nor the Organisers are obligated to take out any insurance coverage for the benefit of the Participant who, therefore, assumes exclusive responsibility for any use and care of the Motorcycle, including any liability for damage suffered by him/herself, or to third parties. Therefore, the Participant must provide for any necessary insurance coverage, including and not limited to, any insurance coverage required by the Manager.

ART. 3. RULES OF CONDUCT & APPAREL
3.1. Participants must strictly abide by the rules in force for use of the Circuit as well as those contained in this Regulation and the recommendations and directions given by Instructors, Organisers and/or the Manager. In case of serious and/or repeated violations of said provisions, the Organisers may suspend and if necessary exclude the Participant from the Course. It is understood that, in such an event, the Participant shall not be entitled to a refund of the Price or to receive any other compensation or damages from the Organisers and/or the Manager.
3.2. During the use of the Motorcycle and the practical tests on the track, the Course Participants must wear the Apparel. Ducati gives the Participant the opportunity to rent the Apparel for the duration of the Course for a fee. The Participant must expressly request this when registering for the Course. This being the case, the Apparel will be provided to the Participant at the Circuit where the Course is to take place and must be returned to the Organisers at the end of the Course. The Apparel must be used exclusively by the Participant or the replacement thereof, but not by any other third parties, and solely to take part in the Course and on no other occasions. The Participant shall receive the Apparel and at that moment he/she shall assess and accept the same Apparel, the quality thereof and the use for which it is rented. The Participant immediately agrees to release Ducati and hold it harmless from any direct or indirect loss or damage that may be caused to people - including the Participant, his/her substitute or Guest - or property by the use of the Apparel and to waive any claims and/or refunds in connection with the use of the Apparel, personally and in the name of any heirs or people concerned. For anything not expressly provided herein, the rental of the Apparel shall be subject to the provisions under ART. 1571 and following of the Civil Code. It is recommended that Participants do not wear necklaces, bracelets, neck scarves and do not keep personal belongings in their pockets.
3.3. Participants shall carefully safeguard the Motorcycle, the Apparel and any other item assigned to them by the Organisers and must not allow its use by other people including other Participants, unless they have been expressly authorised by the Organisers.
3.4. Participants should check the Motorcycle assigned to them and immediately inform the Instructors in case of any anomalies or malfunctioning of the same.
3.5. During the Course, Participants must maintain a careful and prudent conduct.
3.6. In case the Motorcycle provided to the Participant suffered serious damage due to a fall, accident or any other event caused by the behaviour of the Participant, even by his/her slight or gross negligence, carelessness, or inattention, the Participant will not be entitled to receive a substitute motorcycle by the Organiser. Serious damage to the Motorcycle means damage which can not be repaired by the technical staff present on site.
If, however, the damage to the Motorcycle can be repaired on site by the technical staff, the Motorcycle will be delivered to the Participant as soon as possible, depending on the time and method of repair.

ART. 4. APPOINTMENT OF A SUBSTITUTE
4.1 The Participants may not change the date and/or category of the Course chosen at the time of purchase to another date or Course. Participants, however, may transfer the Participation Agreement to a third party. In this case, that third party must submit a letter of proxy duly signed by the replaced Participant and a copy of the identity documents of the replaced Participant on the day of the Course. The third party may attend the Course in place of the Participant if all the requirements are met, upon accepting in full and in writing all the conditions lying within the Participant's responsibility under this Regulation. It will be the responsibility of the Participant to inform the substitute of the contents of this Regulation.

ART. 5. GUESTS
5.1. Each Participant may be accompanied to the Course by a maximum of four persons as Guests. To this end and at the time of purchasing the Course, the Participant will have to choose the simple purchase of the Course (1 person) or a Course with Guests (1 person + 1 up to a maximum of 4 people as Guests). For each Guest, the Price of the Course will be increased by Euro 55.00 (fifty-five) (including VAT) from the simple Course fee (up to a maximum of 4) per person participating as a Guest.
5.2. The Guest will be able to take part in the meal and access the open bar prepared by the Organisers and the paddock area of the Circuit not reserved for the Course. The Guests will not be able to enter the track during the Course lessons, nor enter the pit lane or locker rooms.
5.3. It will be the responsibility of the Participant to inform the Guest of the contents of this Regulation.

ART. 6. LIABILITY
6.1. The Organisers and the Manager, where appropriate, will not be liable for any type of damage - direct or indirect - to persons or belongings suffered by the Participants, their substitutes, Guests or third parties during the Course or their time within the Circuit facilities. The Organisers and the Manager do not assume any responsibility for safeguarding goods brought within the Circuit by the Participants, their substitutes or Guests. The parking areas in the track shall be unsupervised.
6.2. The Participants agree for themselves, their substitutes and Guests to indemnify and hold the Organisers and the Manager harmless, as well as to reimburse the latter of what they may have paid on behalf of the former, for any direct or indirect loss or damage caused by the Participants, their substitutes or Guests to people or property during the Course or their time within the Circuit facilities. The Participant will be responsible for loss or damage caused to the Motorcycle for deliberate misconduct or gross negligence and should therefore be liable for such damages. Instead, any minor damage caused to the Motorcycle by the Participant will be paid for by Ducati.
6.3. Before the start of the Course, each Participant must sign the disclaimer and waiver statement prepared by the Organisers as well as those prepared by the Manager in order to participate in the Course.
6.4 Ducati will ask for a franchise of € 500.00 (five hundred Euro) for any loss or damage that may be caused by the Participant to the motorcycle for deliberate misconduct or gross negligence, as required by article 6.2.
6.5 The Organisers reserve the right to have the Participant take a lower level Course if, at the sole discretion of the Instructor, he/she is deemed unsuitable for the chosen Course or dangerous for the other participants. In such a case the Participant shall not be entitled to any kind of refund.

ART. 7. CANCELLATION, AMENDMENT AND SUSPENSION OF THE COURSE BY HE ORGANISERS
7.1. At its sole discretion, Ducati may cancel, suspend or postpone the date of the Course in the event that its execution cannot be carried out safely or has become impossible for reasons of force majeure or unforeseeable circumstances.
7.2. The Organisers will immediately inform the Participants of the cancellation or change of date of the Course by sending a notice via e-mail to the address given by the Participants at the time of purchasing the Course. In case of a change of Course date, the Participant will have the right to terminate the Participation Agreement by sending an e-mail on the day following the date of receipt of such notice to the address dre@ducati.com. In the event of cancellation of the Course, Ducati will be obliged to refund the Participant the Price only. The Participant will not be entitled to receive from the Organisers and/or the Manager any further reimbursement, compensation or indemnity for any loss or damage that may have occurred due to the cancellation of the Course.
7.3. The Participant has the right to withdraw free of charge up to 10 days before the Course if he/she is prevented by regulations from travelling to the Circuit.
7.4. The practice lessons of the Course could also be held in the event of rain, unless this would, in the sole discretion of Ducati, result in the necessary safety conditions not being met.
7.5. In case of total impossibility to deliver the Course and use the racetrack because of adverse weather conditions that, to the sole discretion of Ducati, may pose threats to the safety of the Participants, Ducati shall reimburse each Participant, within 60 days from the date in which the Course was supposed to take place, the amount of: € 50.00 (fifty) including VAT for persons enrolled in the Rookie Course; € 130.00 (one hundred and thirty) including VAT for persons enrolled in the Road Course; € 200.00 (two hundred) including VAT for persons enrolled in the Track Warm Up Course; € 290.00 (two hundred and ninety/00) including VAT for persons enrolled in the Evo Course, € 400.00 (four hundred) including VAT for persons enrolled in the Evo2 Course; € 460.00 (four hundred and sixty) including VAT for persons enrolled in the Master Course; € 1,000.00 (one thousand) including VAT for persons enrolled in the V4 S One to One Course; € 1,800.00 (one thousand eight hundred) including VAT for persons enrolled in the V4 R One to One Course; € 2,000.00 (two thousand) including VAT for persons enrolled in the V4 SL One to One Course. The Participant shall accept such amounts, and immediately waives any further amount and/or refund whatsoever to any effect.
7.6. In case of total impossibility to deliver the Course and use the Circuit track because of adverse weather conditions, save for the measures set out under article 7.5, the Participant shall not be entitled to attend the Course on another date or another circuit.

ART. 8. INFORMATION
8.1. For any communication or information regarding the Course, Participants may contact Ducati by e-mail at dre@ducati.com or call +39 039 2050315, Monday to Friday from 9.00 am to 1.00 pm and from 2.00 pm to 6.00 pm or send a fax to +39 039 303648

ART. 9. RIGHT OF TERMINATION
9.1. THE PARTICIPANT MAY TERMINATE THE PARTICIPATION AGREEMENT WITHIN TEN WORKING DAYS FROM THE SENDING OF THE PURCHASE ORDER BY REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT TO THE FOLLOWING ADDRESS: KOBA GROUP SRL SERVIZIO CLIENTI DRE STRADA DEI BOSCHI 19, 20852 VILLASANTA (MB) – ITALY. Where, in the meantime, the Participant has received material of any kind on the Course, the Participant will return it to Ducati at the above address by insured letter, at his/her own expense and risk.
9.2. All Participants that will send the notice of termination by the deadline (as attested by the postmark) and in the manner indicated above will be entitled to a refund of the Price actually paid.

ART. 10. ENTIRE AGREEMENT
10.1. The Participation Agreement is the integral and essential arrangement between the parties and supersedes any pre-existing contract, agreement or arrangements between the Parties on the same subject.
10.2. The Participant expressly authorises Ducati to use his/her e-mail in connection with the activities related to the Participation Agreement. In particular, the Participants agree that the written confirmation of the terms and conditions contained in the Participation Agreement is performed by e-mail and will download and store the Participation Agreement (through printing on paper and/or long-term storage).
10.3. Any change or amendment of the Participation Agreement must be accepted in writing by both Parties.

ART 11. PHOTO SHOTS AND VIDEO RECORDINGS
11.1 The DRE Event, for its entire duration, will be documented by means of photo shots and video recordings, which may subsequently be freely used by the Organiser and its associated companies, where the Participants are not immediately recognisable or in any case do not represent the main element of the photo and/or video. Otherwise, the use of the image or video will be subject to a specific consent granted through the "Authorisation for the use of one's own image" form. To this end, the Organiser may use the material produced for any initiative promoted by the same Organiser or by third parties, also with other images, without limitation of place, use, time and means for commercial purposes and for the promotion of Ducati's image, and in particular for its diffusion also through websites, as long as its image is not the main element of the photo and/or video. The Participant expressly waives any claim, including economic compensation, against the Organiser and its associated companies and their employees, agents and representatives where his/her image has been used within the limits provided for in this article.

ART. 12. CONSUMERS
12.1. THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT WILL NOT AFFECT IN ANY WAY THE RIGHTS GUARANTEED BY THE ITALIAN LAW TO PARTICIPANTS WHO ARE ACTING AS "CONSUMERS" AS PER THE ITALIAN LEGISLATIVE DECREE NO. 206 OF 6 SEPTEMBER 2005 - CONSUMER CODE PURSUANT TO ARTICLE 7 - LAW NO. 299 OF 29 JULY 2003.

ART. 13. TRANSFER
13.1. Ducati may transfer to a third party the rights and obligations under the Participation Agreement, in whole or in part. Conversely, and except as provided in article 4 of this Regulation, the Participant shall not transfer to a third party, in whole or in part, the rights and obligations under the Participation Agreement, without the prior written consent of Ducati.

ART. 14. COMMUNICATIONS
14.1. All notices between the Parties relating to the Participation Agreement must be made in writing and sent to the other Party at the address specified in the Participation Agreement or purchase order for the Course.
14.2. Communications affecting the validity or existence of this Participation Agreement shall be delivered by hand or sent by registered letter with acknowledgement of receipt.

ART. 15. LANGUAGE
15.1. The Regulation is written in Italian and English. In the case of any discrepancy between the two texts, the Italian text shall prevail.

ART. 16. GOVERNING LAW AND JURISDICTION
16.1. This Participation Agreement will be governed by the Italian law.
16.2. Any dispute arising out of or in connection with this Participation Agreement must be exclusively brought before: a) the Court of the place of residence or domicile of the Participant, if the Participant is a consumer according to prevailing Italian law and Italy is his/her place of residence or domicile; B) the Court of Bologna, Italy, in all other cases.
16.3. For all matters not expressly provided for herein, the provisions of Italian law shall apply.