Foreword
Marcel Dück Consulting (referred to as “MDC”) operates as an independent motorsport business development consultant, dedicated to fostering success in motorsport. By acting as an independent intermediary, MDC connects paying race drivers (referred to as “drivers”) with customer racing teams (referred to as “teams”) to facilitate mutually beneficial partnerships.
Through its expertise and network within the motorsport industry, MDC supports drivers and teams in achieving their respective goals, whether that involves securing competitive opportunities for drivers or helping teams find the right talent to achieve success on the track.
MDC’s role is focused on creating connections and enabling negotiations between drivers and teams. While MDC provides its services with professionalism and integrity, it remains an independent entity and is not a party to the agreements made between drivers and teams.
This disclaimer outlines the scope of MDC’s role, its responsibilities, and the limitations of liability to ensure transparency and clarity for all parties involved in the collaboration process.
Disclaimer
Independent Role of MDC
MDC acts solely as an independent intermediary in the field of motorsport business development. MDC facilitates connections and negotiations between drivers and teams but is not a contractual party in any agreements made between these parties.
Limitation of Liability
MDC is not liable for any issues, disputes, or breaches arising from agreements or arrangements made between drivers and teams. This includes, but is not limited to:
- A driver failing to attend or participate in an event.
- A driver failing to pay any agreed amount.
- Legal disputes, including court proceedings, involving any party to the agreement.
- Accidents, crashes, or any on-track incidents involving the driver.
Crashes and On-Track Incidents
In the event of a crash or any on-track incident, the contractual agreement between the driver and the team shall govern all responsibilities, liabilities, and consequences. MDC bears no responsibility or liability for such incidents or any disputes arising from them.
Liability to Third Parties Excluded
MDC is not liable for any claims, disputes, or financial losses involving third parties, including but not limited to sponsors, investors, or other entities supporting the driver or team. For example, if a sponsor provides funding to a driver or team and the driver fails to fulfill their commitments, MDC cannot be held responsible for the sponsor’s financial losses or any related claims.
Payment and Commission
MDC’s agreement and commission are strictly with the team. The team is solely responsible for paying MDC’s commission upon the successful conclusion of any deal, regardless of the driver’s performance, conduct, or compliance with their contractual obligations.
Confidentiality
MDC will treat all sensitive information shared during the negotiation process, including the budgets of drivers and teams, as strictly confidential. MDC will not disclose such information to any third party without prior written consent, except as required to facilitate negotiations or comply with legal obligations.
No Guarantee of Success
MDC does not guarantee that any deal, contract, or agreement between drivers and teams will be successfully concluded. MDC is responsible only for facilitating connections and negotiations.
Due Diligence Responsibility
Both drivers and teams are fully responsible for conducting their own due diligence. MDC makes no warranties or guarantees regarding the accuracy, reliability, or completeness of any information provided by any party during the facilitation of a deal.
Termination of MDC’s Role
MDC’s role as an intermediary ends once a deal is finalized, and the team has fulfilled its obligation to pay MDC’s commission.
No Liability for Non-Performance
MDC is not liable for any failures, breaches, or non-performance by drivers or teams, including but not limited to failure to deliver on contractual terms, non-payment, or withdrawal from agreements.
Conflict of Interest
MDC represents both drivers and teams impartially to facilitate agreements but maintains its primary contractual relationship with the team paying the commission. Any potential conflicts of interest are disclosed to all parties involved.
Dispute Resolution
MDC is not a party to any disputes between drivers and teams. Any disputes must be resolved directly between the parties involved, without involving MDC in legal or financial claims.
Severability Clause
If any provision of this disclaimer is found to be invalid, illegal, or unenforceable under applicable law, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of the remaining provisions. All other provisions shall remain in full force and effect.