ADULT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in the above identified event(s) (the “Event(s)”) and/or being permitted to enter for any purpose any area which requires special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited (the “Restricted Area(s)”), I, the undersigned participant, agree as follows:
1. I know the nature of the Event(s) and my own experience and capabilities, and believe that I am qualified to participate in the Event(s). I will inspect the premise, location of the Event(s), facilities, track(s), pit(s) and equipment to be used, or with which I may come in contact. IF I BELIEVE ANYTHING IS UNSAFE, I WILL IMMEDIATELY LEAVE THE RESTRICTED AREA AND REFUSE TO PARTICIPATE FURTHER IN THE EVENT(S). Once safe, I will immediately advise the officials in charge of the Event(s) of that which I believe to be unsafe.
2. I fully understand and hereby acknowledge that
a) THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and participation in the Event(s) and/or entry into the Restricted Area(s) involves RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (the “Risks”); and
b) These Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Event(s), the rules of the Event(s), the condition and layout of the premise, location of the Event(s), facilities, track(s) and equipment, or the NEGLIGENCE orFAULT of the “Releasees” named below; and
c) There may be OTHER RISKS NOT KNOWN TO ME or that are not readily foreseeable at
this time; and
d) THE SOCIAL AND ECONOMIC LOSSES and/or damages that could result from those Risks COULD BE SEVERE AND COULD PERMANENTLY AFFECT AND CHANGE MY FUTURE.
3. I HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, known and unknown, and I ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING ANY INJURY, DISABILITY, PARALYSIS OR DEATH TO MYSELF, even if caused, in whole or inpart, by the NEGLIGENCE or FAULT of the “Releasees” named below.
4. I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE Motorhead Events LLC, Motorhead Sports LLC, Nitro Arenacross LLC and its members, managers, employees, agents, representatives, attorneys, affiliates and assigns, the promoters, volunteers, participants, racing associations, sanctioning associations or any subdivision thereof, track operators, track owners, officials, affiliated contractors, affiliated subcontractors, racing car/motorcycle/atv owners, drivers, pit crew members, rescue personnel, any persons in any Restricted Area(s), sponsors, spectators, advertisers, the owners, lessors and lessees of the premise, location, facilities, track(s), pit(s) and equipment to be used to conduct the Event(s), the premises or event inspectors, surveyors, underwriters, insurers, consultants and other persons or entities who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event(s) and each of them, their directors, officers, agents, employees, representatives, owners, members, shareholders, affiliates, subsidiaries, successors and assigns, heirs, and next of kin (the “ReleaseEs”), for any and all claims, demands, losses, or damages on account of injury to me, including but not limited to bodily injury, permanent disability, paralysis, death or damage to property, caused or alleged to be caused, in whole or in part, by the NEGLIGENCE or FAULT of the Releasees, to the fullest extent permitted by law.
5. ACKNOWLEDGE that I am aware of all track and equipment safety regulations and I have complied with each regulation. If I have failed to do so I ASUME ALL RISK FOR myself and assume all liability to others for such failure, and I herby RELEASE releases for any failure in inspecting my vehicle or others. There is no insurance coverage in the pits or on the track. By signing this form you understand that you are entering the event and the pits at your own risk. Personal property is your responsibility. Do not park personal cars in the pits.
6. AS A PARTICIPANT in this motorsport event, I herby give permission, for promoter to use video or still reproductions of my vehicle and me in the promotion and execution of this and future events. No oral representations or inducements have been made to sign this agreement.
7. If, despite this release, I, or anyone on my behalf, makes a claim, demand, allegation of liability or files any action or lawsuit in any court of law against the Releasees, I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from any litigation expenses, attorney’s fees, losses, liability, damages, or any costs they may incur due to any such claim made against any of the Releasees, whether the claim is based on the NEGLIGENCE or FAULT of the Releasees or of another.
8. I am signing this Adult Release and Waiver of Liability, Assumption of Risk, and Indemnity
Agreement on my own behalf.
I HAVE READ THIS ADULT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I UNDERSTAND THAT BY SIGNING IT I GIVE UP SUBSTANTIAL RIGHTS I WOULD OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASIONED BY THE RELEASEES’ FAULT, AND I SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT. ALL SECTIONS MUST BE COMPLETED.
I HAVE READ AND UNDERSTAND THIS RELEASE