RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT IN CONSIDERATION of being permitted to enter for any purpose any event area, including, but not limited to, the racing surface, pit areas, grid and pre–grid, infield, burnout area, approach area, skid pad, shut down area, and all walkways, concessions, and other areas appurtenant to any area where any activity related to the event shall take place (“Restricted Areas”), or being permitted to compete, officiate, observe, work for, or for any purpose participate in any way in the event. THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin, acknowledges, agrees and represents that he has, or will immediately upon entering any of such Restricted Area, and will continuously thereafter, inspect such restricted areas and all portions thereof which he enters and with which he comes in contact, and he does further warrant that his entry upon such Restricted Area or and his participation, if any, in the event, constitutes an acknowledgement that he has inspected such Restricted Area and that he finds and accepts the same as being safe and reasonably suited for the purposes of his use, and he further agrees and warrants that if, at any time, he is in or about Restricted Areas and he feels anything to be unsafe, he will immediately advise the officials of such and will leave the Restricted Area. FURTHERMORE, THE UNDERSIGNED:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants, racing association, sanctioning organization, or any subdivision thereof, track operator, track owners, officials, car owners, drivers, pit crews, any persons in any Restricted Area, promoter, sponsor, advertisers, owners and lessees or premises used to conduct the event and each of them, their officers and employees, all for the purpose herein referred to as “releasees,” from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and claim or demands thereof on account of injury to the person or property or resulting death of the undersigned, whether caused by negligence of the releases or otherwise while the undersigned is in or upon restricted area, and/or competing, officiating in, observing, working for, or for any purpose participating in the event.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases, and each of them, from loss, liability, damage, or cost they may incur due to the presence of THE UNDERSIGNED in or upon the Restricted Areas or in any way competing, officiating in, observing, working for, or for any purpose participating in the event and whether caused by the negligence of the releases or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of the releases or otherwise while THE UNDERSIGNED is in or upon Restricted Areas, and/or competing, officiating in, observing, working for, or for any purpose participating in the event.
4. HEREBY AGREES TO ABIDE BY the decisions of the Speed District, LLC or Speed District Track Events board of directors as relating to the General Competition Rules governing the event and any interpretations thereof. THE UNDERSIGNED expressly acknowledges and agrees that the decisions of he Board of Directors are final and without recourse.
5. EXPRESSLY acknowledges and agrees that the activities of he event are very dangerous and involve the risk of serious injury and/or death and/or property damage.
6. EXPRESSLY agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion thereof is invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement has been made.
I understand that there is a HIGH possibility of serious injury, property damage or DEATH and by me being a participant I am waiving all my rights for any and all type of legal, civil or any other action to retrieve looses against Speed District, there owners or staff for compensation whether physical or emotional.