In return for the right to operate their personal golf in the Veteran Golfers Association's Race of the Pines Golf Cart Race, the Undersigned/ Participant/Operator for themselves, their heirs, assigns and legal representatives, hereby expressly agrees to:
-
ASSUME ANY AND ALL RISKS., The Undersigned/Participant/Operator for themselves, their heirs, assigns and legal representatives, hereby expressly agrees to assume any and all risks involved in or arising from participant’s use or presence upon the Race of the Pines facilities, including, without limitation, the risks of death, bodily injury or property damage resulting from collision between his or her vehicle and another vehicle, a person, object or barrier; the golf cart driving or wedging under a barrier, going through the safety barrier, the barrier riding up the front of the cart due to additional impacts or acceleration, or because of the mechanics of the crash; the barrier landing on any part of the participant’s person; contact between the barrier and the participant’s upper or lower extremities; or any part of the participant’s body; whether exposed inside or outside of the cart; skidding; overturning; sudden stops; braking or acceleration; fire; explosion; the unavailability of emergency medical care; the negligent or deliberate acts of another person; the negligent acts of Veteran Golfers Association, its employees and/or personnel.
Including and without limitation, driving, riding, racing, training, learning, practicing, competing, and/or observing and spectating in or around the racetrack. “THE UNDERSIGNED”) hereby:
-
RELEASE. The Undersigned/Participant/Operator for themselves, their heirs, assigns and legal representatives, hereby expressly agrees to release the Veteran Golfers Association, and all its successors, assigns, subsidiaries, branches, operators, affiliates, officers, directors, employees, and agents, landlords, and event sponsors from, and not to sue them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out use of or presence upon the Race of the Pines facilities, including without limitation, those based on death, bodily injury, or property damage, whether or not caused by the negligence or other fault of “the facilities”, including strict product liability or other liability without fault;
-
WAIVE. The Undersigned/ Participant/Operator for themselves, their heirs, assigns and legal representatives, hereby expressly agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to the claims; material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the releases;
-
INDEMNIFY AND DEFEND., Veteran Golfers Association, “the facilities”, against and hold harmless from any and all claims, causes of action, damages, judgments, costs or expenses, including attorney fees, which in anyway arise from The Undersigned/Participant/Operator use or presence upon Race of the Pines facilities;
-
PAY., for any and all damages to the Race of the Pines facilities, caused by, negligently, willfully, accidentally or otherwise; and AGREE that by participating in events or the utilization of the Race of the Pines facilities.
I acknowledge that I fully understand the significant inherent dangers of driving and/or racing vehicles owned by The Undersigned/ Participant/Operator, and I further acknowledge that I will read and comply with all safety rules and regulations for driving such vehicles. If I do not understand any point or part of the safety rules, I will advise and request further assistance so that I may fully understand them before using the facilities.
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. I do not suffer from a heart condition, high blood pressure or other medical condition that is not under medical care and may affect my ability to operate a golf cart in a safe manner.