RELEASE and WAIVER of LIABILITY, ASSUMPTION of RISK and INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the EVENT(S) or being permitted to enterfor any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to whichadmission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin:
1. Acknowledges, agrees, and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter,inspect the RESTRICTED AREAS which he enters, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS andhe feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse toparticipate further in the EVENT(S).
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizationsor any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, any persons in anyRESTRICTED AREA, promoters, sponsors, advertisers, owners and leasees of premises used to conduct the EVENTS(S), premises and event inspectors,surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss controlactivities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes herein referredto as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSSOR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THEUNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COSTthey may incur arising out of or related to the UNDERSIGNED’S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OROTHERWISE.
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.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/orproperty damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BYNEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by theReleasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and intended to be as broad and inclusive as is permitted by the laws of the State orProvince 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.
I, (“Participant”), acknowledge that I have voluntarily applied to participate in the following race, crew, paddock, spectator and volunteer activities at Lucky Dog Racing League (“Lucky Dog”):
I AM AWARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
As consideration for being permitted by Lucky Dog Racing League, Lucky Dog Enterprises LLC and any lessor of the racetrack premises (“Lessor”), to participate in these activities and use the racetrack premises and facilities, I forever release Lucky Dog, the Lessor, the racetrack, series or track sponsors or partners, any Lucky Dog or racetrack affiliated organization, and their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively “Releasees”) from any and all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for
injury, death, or property damage, related to (i) my participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not I am then participating in the activities. I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release.
I acknowledge that I may be personally responsible financially for any damage to Lucky Dog or racetrack property and assets that I cause directly or indirectly.
I also acknowledge that I have personal medical insurance in effect and Lucky Dog Enterprises LLC and Lucky Dog Racing League Racing is in no way responsible for any loss, injury or damage you sustain in the course of participating, driving, or attending one of our events. As previously discussed, motorsports are taxing on your body, brain and bank account. It’s strongly recommended that you endure a complete physical exam to receive clearance from your physician prior to competing in the strenuous way of life in motorsports. We do not provide for any type of medical or health insurance on your behalf; that is solely your responsibility. Nor do we reimburse you for any loss or damage to your car or other property, including the track facility or other’s vehicles or property. Registration and/or arrival at the track implies you understand the risk associated with racing and that you agree to observe and adhere to the rules contained within, the requirements and restrictions, and acknowledge that you and your team/crew/family/guests/fan club are participating at their own risk and shall not hold Lucky Dog Enterprises LCC, its owners, staff, sponsors, partners, vendors, associations and assignees responsible.
I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
If being signed by Parent or Guardian: I verify that the dangers of the activities and the significance of this Release and Waiver were explained to the Participant and that the Participant understood them. ALL DRIVERS MUST BE 18 YEARS OF AGE -or- 16 YEARS OF AGE WITH TWO (2) YEARS DOCUMENTED RACE EXPERIENCE **AND** SPECIAL APPROVAL FROM LDRL's INSURANCE CARRIER. Please contact info@RaceLucky.com and allow two (2) week's for approval.