PLEASE READ THE FOLLOWING WAIVER CAREFULLY. IT INCLUDES APPLICANT'S AFFIRMATION AND AGREEMENT, RELEASES OF LIABILITY AND WAIVER OF LEGAL RIGHTS, AND DEPRIVES YOU OF THE ABILITY TO BRING SUIT ON CERTAIN PARTIES. BY AGREEING ELECTRONICALLY, YOU ACKNOWLEDGE THAT YOU HAVE BOTH READ AND UNDERSTAND ALL TEXT PRESENTED TO YOU IN THIS FORM:
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
This release and waiver shall apply to any and all SXS Sports, LLC events or activities ("EVENT(S)") in which the undersigned participates and/or attends in 2020.
IN CONSIDERATION of being permitted to compete, officiate, observe, work for or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined at the tech area, hot pit area, track area, spotter area, competition area, staging area, and any other area within the barriers, fences and/or structures separating the general public from racing activities), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin
1. Acknowledges, agrees, and represents that he/she has inspected or will inspect immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he/she enters, and he/she further agrees and warrants that, if at any time, he/she is in or about the RESTRICTED AREAS and he/she feels anything to be unsafe, he/she 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) and
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, persons in any RESTRICTED AREA, promoters, 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 each of them, their directors, officers, agents, and employees all for the purposes 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 ANY CLAIM OR DEMANDS THERFOE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE and
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED'S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE and
4. HEREBY ASSUMES 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 and
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage and that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES and
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk 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) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
Please check the box below acknowledging that you have read and understand the Waiver of Liability, Assumption of Risk and Indemnity Agreement above: *
I have read, understand and agree to the waiver above.
I UNDERSTAND THAT BY ELECTRONICALLY SIGNING BELOW I AM GIVING UP SUBSTANTIAL RIGHTS. I AM ELECTRONICALLY SIGNING FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO BE AND INTEND MY ELECTRONIC SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. By typing my name below, I assert that I have reviewed and agree to all of the waivers and agreements I have selected above. I also agree that my electronic signature is equivalent to my physical signature (please type your full name for electronic signature below).