ADULT PARTICIPATION WAIVER
CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of my being permitted to participate in any way in the Drive Safer Program (the “Event”) and/or being permitted to observe the Event and enter for any purpose the Event premises (the “Premises”), I agree:
1. I am familiar with the nature of the Event and the risks associated with driving, especially learning to drive. I understand that by participating in the Event and/or entering the Premises, I may be subject to personal injury or may inflict personal injury or property damage on others. I will inspect the premises, facilities, and equipment to be used. If I believe anything is unsafe, I will refuse to participate further in the Event and immediately leave the premises.
2. I fully understand that: (a) the activities of the event are very dangerous and participation in the Event and/or entry into Premises involves risks and dangers to me, other participants and spectators at the Event and the property of third parties (“Risks”), including serious bodily injury, permanent disability, paralysis and death; (b) these Risks may be caused, in whole or part, by my actions or inactions, the actions or inactions of others participating in or attending the Event, the rules of the Event, the condition and layout of the Premises and equipment, and/or the negligence of the “Releasees” named below; (c) there may be other risks not known to me or that are not readily foreseeable at this time; (d) the social and economic losses and/or damages that could result from those Risk(s) could be severe and could permanently change my future.
3. I accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs and/or damages following any injury, disability, paralysis or death to me or to any third party injured by me or any property damage by me, even if caused, in whole or part, by the negligence of the “Releasees” named below.
4. I hereby release, discharge and covenant not to sue Drive Safer, LLC or the Event’s participants, other promoters, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in the Premises, sponsors, advertisers, owners and lessees of premises used to conduct the Event, premises or event inspectors, surveyors, underwriters or 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 and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as “Releasees,” from all liability to me and my personal representatives, assigns, heirs, and next of kin, for any and all claims, demands, losses, or damages on account of any action or inaction by me, including any injury to me or any third person or any property damage inflicted by me (collectively, “Claims”), including, but not limited to, death or disability, whether or not caused or alleged to be caused, in whole or in part, by the negligence of the Releasees or otherwise.
5. If, despite this release, I, anyone on my behalf, or any third party injured by me makes a Claim against any of the Releasees, I agree to defend, indemnify and save and hold harmless the Releasees and each of them from any litigation expenses, attorney fees, loss, liability, damages or cost they may incur due to the Claim, whether the Claim is based, in whole or part, on the negligence of the Releasees.
I HAVE READ THIS CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, UNDERSTAND THAT BY SIGNING IT I GIVE UP SUBSTANTIAL RIGHTS I WOULD OTHERWISE HAVE TO RECOVER DAMAGES, INCLUDING FOR LOSSES OCCASIONED BY THE RELEASEES’ FAULT, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT. I UNDERSTAND THAT THIS AGREEMENT IS INTENDED TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.