ADULT WAIVER AND RELEASE, EXPRESS ASSUMPTION OF THE RISK, AND INDEMNITY AND HOLD HARMLESS AGREEMENT/TERMS AND CONDITIONS THIS AGREEMENT MUST BE CAREFULLY READ IN CONSIDERATION OF my ability to participate in the motorsports activities and any affiliated activities and events operated, organized and/or promoted by MOTORSPORT ADVENTURES, LLC (hereinafter “MOTORSPORT ADVENTURES”) including, without limitation, driving, riding, racing, training, learning, practicing, competing, maintaining vehicles, observing and spectating, or for any other purpose (hereinafter collectively “EVENTS”) and/or IN CONSIDERATION OF my ability to enter into or upon the premises, locations, and facilities where said EVENTS are or will be taking place. I, on behalf of myself, and on behalf of my personal legal representatives, assigns, heirs, and next of kin (hereinafter collectively “UNDERSIGNED”) hereby:
1. WAIVER AND RELEASE. RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MOTORSPORT ADVENTURES,
the operators, franchisers, organizers, sponsors, and hosts of the EVENTS, officials, rescue personnel, the track and facility and location owners, lessors, leasees, inspectors, surveyors, insurers, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the track, facility and location, and each of their affiliated owners, subsidiaries, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, assigns, and all other persons or entities involved in the EVENTS (hereinafter collectively “RELEASEES”), FROM ALL LIABILITY to the UNDERSIGNED for any and all loss or damage and any claim or demands on account of INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH of the UNDERSIGNED arising out of or related to the UNDERSIGNED’s participation in any way in the EVENTS and/or the UNDERSIGNED’s presence in or upon the premises, locations and facilities where the EVENTS are or will be taking place, even that caused by the ordinary NEGLIGENCE of the RELEASEES (hereinafter “LIABILITY”). The LIABILITY encompasses, but is not limited to, active or passive conduct, premises liability, ordinary NEGLIGENT RESCUE EFFORTS, and ordinary NEGLIGENT enforcement of (or the failure to enact or enforce) rules, regulations and guidelines. It also encompasses, without limitation, LIABILITY concerning ordinary NEGLIGENT selection, use, provision, operation, design and/or maintenance of any equipment (including, but not limited to, firesuits and other protective equipment), facility, location, or service related to the EVENTS.
2. EXPRESS ASSUMPTION OF THE RISK.
Acknowledge that the EVENTS are EXTREMELY DANGEROUS and involve the RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with the EVENTS, which include, but are not limited to, the risk of collisions between UNDERSIGNED and/or UNDERSIGNED's vehicle and other vehicles, persons and/or stationary natural or manmade objects; being struck by objects or equipment; skidding; overturning; making sudden stops; braking or acceleration; fire; explosion; the unavailability of emergency medical care; and/or the improper acts or conduct of other persons. The EVENTS will include participants of all skill and experience levels (including both professional and amateur persons) and varying levels and types of equipment, and UNDERSIGNED expressly assumes the risks associated with mixed and varying skill levels and types of equipment. RELEASEES also acknowledges that there may be undefined and presently unknown risks and dangers associated with the EVENTS, and that there may be risks and dangers that may result from the ordinary NEGLIGENCE of the RELEASEES. This includes the potential ordinary NEGLIGENCE in the implementation or enforcement of any rules, regulation or guidelines related to the EVENTS and/or the potential ordinary NEGLIGENCE in the selection, use, operation, design, or maintenance of any equipment, course, competition, facility or service related to the EVENTS. UNDERSIGNED hereby expressly assumes all such risks and dangers whether presently known or unknown and acknowledges that injuries may be compounded or increased by ordinary NEGLIGENT RESUCE OPERATIONS OR PROCEDURES.
3. INDEMNITY AND HOLD HARMLESS.
Agree to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage or cost that they may incur (including attorneys' fees and court costs) arising out of or related to the UNDERSIGNED' s participation in the EVENTS in any way or related to UNDERSIGNED' s presence in or upon the premises, locations and facilities where the EVENTS are or will be taking place, even if cause by the ordinary NEGLIGENCE of the RELEASEES. UNDERSIGNED also hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or cost (including attorneys' fees and court costs) caused by or arising out of any action or failure to act by UNDERSIGNED during or in connection with the UNDERSIGNED'S participation in the EVENTS in any way, and/or arising out or UNDERSIGNED's improper, tortious, and/or criminal conduct. UNDERSIGNED also agrees to pay RELEASEES for any and all damage to the premises, locations and facilities caused by UNDERSIGNED.
4. VOLUNTARY PARTICIPATION AND INFORMED CONSENT.
Acknowledge that there are inherent dangers related to the EVENTS. I agree that I will not participate in any events or utilize the facilities if I am under the influence of drugs or alcohol, if I am pregnant, or if there is any other physical condition that may impair my ability to understand instructions or to participate without creating risk to others or myself. UNDERSIGNED acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. It is UNDERSIGNED’s responsibility to: (1) fully disclose any health issues or medications that are relevant to participation in the EVENTS; (2) inform MOTORSPORT ADVENTURES’ employees if there are any activities or aspects of the EVENTS about which UNDERSIGNED does not feel comfortable; (3) cease participation and promptly report to MOTORSPORT ADVENTURES’ employees any unusual feelings or physical discomfort; and (4) clear his or her participation with his or her physician. UNDERSIGNED bears responsibility to obtain, review, and follow all rules and regulations and instructions associated with the EVENTS prior to his or her participation. UNDERSIGNED acknowledges and understands that he or she always has the option to discontinue participation in the EVENTS at any time. However, such discontinuation shall not affect the enforcement of this Agreement. UNDERSIGNED believes that he or she is qualified to participate in the EVENTS and that the personal benefits of participation outweigh the risks and dangers associated therewith. UNDERSIGNED agrees to inspect the facility and equipment to be used by him or her and with which he or she may come into contact. UNDERSIGNED acknowledges that he/she has been able to ask questions regarding the EVENTS, and that all questions have been answered to his/her satisfaction.
UNDERSIGNED has the right to cancel a reservation by telephone, or email within 24 hours of the prior date of the reservation. If a cancellation is made after that time, any and all pre-payments tendered to SpeedVegas shall be forfeited in full. MOTORSPORT ADVENTURES reserves the right to cancel a reservation at any time if deemed in its best interest without incurring any liability or obligation other than the return of any pre-payment deposit. You can transfer your booking to another driver at any time. You may also reschedule your reservation to a future date up to 15 days prior to your scheduled event. Reservations are valid and may be rescheduled for up to 2 years from the date of purchase. (Unfortunately, we have no flexibility on cancellations, as event schedules, instructors, and facilities are scheduled well in advance of your event.)
6. EMERGENCY MEDICAL CONSENT AND RELEASE.
UNDERSIGNED AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS to UNDERSIGNED in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the EVENTS of during UNDERSIGNED's presence in or upon the premises, facilities, and locations where the EVENTS are or will be taking place. UNDERSIGNED expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all LIABILITY arising therefrom, including, but not limited to, any and all claims for medical malpractice arising out of such medical treatment.
7. IMAGE/LIKENESS WAIVER AND CONSENT.
UNDERSIGNED acknowledges that he or she may be filmed during participation in the EVENTS and that audiovisual materials containing his or her likeness may be created for marketing purposes by RELEASEES. UNDERSIGNED hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE RELEASEES from and against all LIABILITY in any manner connected with the use and exercise of the rights granted and/or arising out of or related to the use or reuse of UNDERSIGNED's appearance, name, voice, image, likeness, and/or biographical information (including, without limitation, claims based upon harm to reputation, disparagement, invasion of privacy and/or publicity.
8. VEHICLE AVAILABILITY.
UNDERSIGNED acknowledges and agrees that this Agreement shall remain in full force and effect notwithstanding the unavailability of particular vehicles. In the event of the unavailability of the pre-selected and/or desired vehicle, UNDERSIGNED shall be afforded the opportunity to select another vehicle of equal or greater value for use during the EVENTS.
9. NO WARRANTY OR REPRESENTATION.
UNDERSIGNED agrees and understands that, unless otherwise provided in writing, RELEASEES MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE as to any vehicle provided for use during the EVENTS. RELEASEES make no statements, opinions or evaluations as to the potential effectiveness or performance in connection with his or her use of any vehicle during the EVENTS.
This Agreement is intended to be as broad and inclusive as is permitted by law, and it is intended to be fully severable. If any portion of this agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This agreement contains all agreements of the parties with respect to any matter mentioned in the agreement. No prior agreement or understanding pertaining to any such matter shall be affected. UNDERSIGNED agrees and understands that he or she may be required to sign additional written agreements in connection with participation in the EVENTS. Such additional agreements shall not affect the enforcement of this Agreement. This agreement is to be interpreted and enforced under the laws of the State of Nevada. I represent and warrant to RELEASEES that I am at least eighteen (18) years of age and have the full, complete and unrestricted right, power and authority to enter into this Agreement, to waive and release all matters stated therein, expressly assume all risks and dangers associated with the EVENTS, agree to indemnify the RELEASEES as stated herein, and the grants the rights set forth herein. I HAVE READ THIS AGREEMENT FULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME and I intend my signature to be a complete, continuing and uncontrolled release of all liability to the greatest extent allowed by law. I acknowledge that I was given ample opportunity to read the agreement and/or have it reviewed by legal counsel of my choice.