• ASSUMPTION OF RISK, TRACK ACTIVITY DECLARATION AND LIABILITY STATEMENT
  • YOU ARE ADVISED TO READ THIS STATEMENT CAREFULLY BEFORE SIGNING. THIS STATEMENT CONTAINS TERMS AND CONDITIONS DESIGNED TO CREATE LEGAL OBLIGATIONS ON YOUR BEHALF. WE DRAW YOUR ATTENTION PARTICULARLY TO THE LIMITATION OF LIABILITY SET OUT AT PARAGRAPH 13. BY SIGNING THIS STATEMENT YOU ACCEPT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THIS STATEMENT. If you do not agree to all of these terms contained in this statement, DO NOT participate in the Event and DO NOT sign this statement.

  • Declare That :

  • 1. I have/will before taking part, inspect(ed) the circuit and the course and take note of the physical and other features present.
     

  • 2. I will take part ONLY if I am satisfied as to the circuit and the course, its layout, features and my safety.

  • 3. By taking part, I accept the risks involved including the risk of injury or death to myself, others and damage to my and others property.

  • 4. I declare that I am competent to take part and (if I am driving) that I am in possession of a full current valid driving license for the type of vehicle I will be using.

  • 5. I declare that my vehicle using the circuit is in a safe and roadworthy condition, complies with all regulations and is fit to use for the activity for which I have attended today. I also declare that the vehicle meets the noise standard requirements of the circuit as notified to me by the company. I declare that no representative of the circuit has examined or approved the vehicle for this purpose.

  • 6. I am aware and accept that other participants will be on and using the circuit at the same time.

  • 7. I will observe and obey all instructions given to me by the circuit and its staff.

  • 8. I declare that I am physically and mentally fit to take part in the activity for which I have attended today, that I am not under the influence of any drugs or alcohol and that I will not consume any alcohol or drugs before using the circuit or whilst on the premises or bring any intoxicating liquor or foodstuffs onto the premises. I also declare that I am not currently undergoing any medical treatment or taking medication of any type or suffering from any disability that might impair or limit (if driving) my control of the vehicle or my ability to comply with the terms of this statement.

  • 9. I am aware and accept that track activity is potentially and extremely dangerous activity and that I have a responsibility to act in a diligent and appropriate manner and in accordance with best practice and applicable laws to reflect this potential risk.

  • 10. I confirm that I will be at all times wholly responsible for any person accompanying me on to the premises (and not driving).

  • 11. I am aware and accept that nothing contained within this statment seeks to exclude or limit the circuit's liability for death or personal injury caused by its negligence, fraud or any other type of liability which cannot be excluded or limited.

  • 12. I agree that the circuit, its servants or agents will not be liable for any loss, injury or damage to any person (including myself) or property however caused (including by the circuit and its servants or agents):a. In any circumstances where there is no breach of a legal duty of care owed by the circuit or any of its servants or agents;b. In circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by the circuit, its servants or agents); or c. To the extent that any increase in any loss or damage results from breach by me of any of the terms of this statement.

  • 13. In consideration of being accepted to take part in this track session, I agree to indemnify and keep indemnified, the circuit and its officials, servants, representatives and agents and other persons in connection with the Event from and against all actions, claims, costs (including legal costs), expenses, damages and demands made by any person taking part in the Event or any other third part which results from my acts, omissions, negligence or any breach of this statement or any applicable law.

  • 14. If driving, I agree not to drive in a dangerous, reckless, unsafe or inappropriate manner or to pass any pace vehicle which may be used.

  • 15. I understand that during the track session the use of crash helmets and such additional safety equipment as the circuit shall determine from time to time is mandatory.

  • 16. Damage to RACE CAR: If using BPCI owned race car, I hereby agree to use my best efforts to avoid any and all damage to the RACE CAR during use. I also agree to bear the cost of, and to remit reimbursement to BPCI for, any and all repairs (including, without limitation, labour costs) resulting from any damage caused by me during my operation of the race car. For purposes of this Paragraph, “damage caused by me” shall be determined exclusively by BPCI in its reasonable discretion. I agree and acknowledge that any and all repairs will be performed by BPCI.

  • 17. Assumption of Risk: This executed Agreement confirms that I understand and acknowledge that the use or operation of the race car in sports car competitions or events, of whatsoever nature or description, are extremely dangerous and inherently unpredictable. Accordingly, by using or operating the race car and by entering into this agreement, I agree and have knowingly assumed all of the dangers and risks inherent to the use or operation of the race car and to competitive sports car racing or other events, including without limitation, performing driving, racing, during testing procedures, while in the racing or working areas, or any other place on, in or about the various locations where the race car or other said cars will be raced, tested, used or during the transportation of the race car to and from any locations, regardless of the causes. I acknowledge that BPCI makes no representation or warranty, express or implied, as to any fact or matter whatsoever, due to the inherent danger and unpredictability of racing, testing or the use of the race car for the purposes herein set forth, including, without limitation, the preparation, competitiveness or reliability of the race car.

  • 18. I acknowledge and accept that the circuit shall not be liable for any delay or non-performance or for the consequences of any delay or non-performance which is due to any cause or circumstances beyond its reasonable control.

  • 19. I agree that if any provision of this statement is or becomes illegal, invalid or unenforceable under the law, it shall not affect or impair the legality, validity or enforceability of any other provision of this statement.

  • 20. I acknowledge and accept that this statement is governed by and is construed in accordance with Barbados law and shall be subject to the exclusive jurisdiction of the Barbados courts.

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