RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
DESCRIPTION AND LOCATION OF SCHEDULED EVENT(S):
DATE RELEASE ACKNOWLEDGED:
IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S), being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for themselves, their personal representatives, heirs, and next of kin:
Acknowledges, agrees, and represents that they have or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which they enter, and further agree and warrant that, if at any time they are in or about RESTRICTED AREAS and feel anything to be unsafe, they will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S), and for each of them, their directors, officers, agents, and employees (collectively referred to as “Releasees”) FROM ALL LIABILITY TO THE UNDERSIGNED, their personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY OR RESULTING IN DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon the RESTRICTED AREAS or participating in the EVENT(S), whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise.
HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE arising out of or related to the EVENT(S), whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
ACKNOWLEDGE that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of the undersigned also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
EXPRESSLY AGREE that the foregoing release, waiver, and indemnity agreement extends to all acts of negligence by the RELEASEES, INCLUDING NEGLIGENT RESCUE OPERATIONS, and is intended to be as broad and inclusive as is permitted by the laws of the state or province in which the EVENT(S) are conducted. If any portion of this agreement is held invalid, it is agreed the balance shall continue in full legal force and effect.
ACKNOWLEDGE that the undersigned had the right to negotiate the terms and conditions of this agreement but by affirming below waives such right.
ACKNOWLEDGEMENT
By checking the box below, I confirm that I have read and understood the above RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I understand that I am giving up substantial rights by acknowledging this form and agree to its terms freely and voluntarily without any inducement, assurance, or guarantee being made to me. I intend this acknowledgement to be a complete and unconditional release of all liability to the greatest extent allowed by law.