The individual named below (referred to as "I" or "me") desires to participate and/or attend that certain race known as King Shocks – Battle at Primm (the "Activity") which is promoted, operated, and run by S.N.O.R.E. Ltd., d/b/a Southern Nevada Off-Road Enthusiasts (“SNORE”) and which is located on land owned by Primm South Real Estate Company (“PRESCO”), Primm 650 Limited Partnership (“P650”), and Primm 120 Limited Partnership, (“P120” and together with PRESCO and P650, the "Land Owners") and leased to Primm Mall, LLC (“PMall” and together with Land Owners, the “Company”) . In consideration of being permitted by SNORE to participate in the Activity, and the intangible value that I will gain by participating in the Activity, and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SNORE OR THE COMPANY OR OTHERWISE.
I FURTHER AFFIRM THAT I UNDERSTAND THAT SNORE OR THE COMPANY RESERVES THE RIGHT TO REMOVE ME FROM THE ACTIVITY IF I MISBEHAVE, VIOLATE THE RULES AND REGULATIONS OF THE ACTIVITY, OR HAVE THE POTENTIAL TO CAUSE HARM TO MYSELF OR ANY OTHER PERSON OR PERSONS. IF I AM REMOVED FROM THE ACTIVITY, I UNDERSTAND THAT I WILL NOT BE REIMBURSED BY SNORE.
I FURTHER AFFIRM THAT I UNDERSTAND THAT THE COMPANY DID NOT CONSTRUCT THE DIRT RACE TRACK NOR MAINTAINS THE DIRT RACE TRACK AND THE USE THEREOF IS AT MY OWN RISK OF DEATH OR INJURY.
I hereby expressly waive and release any and all claims, now known or hereafter known, against SNORE or the Company, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of SNORE, the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against SNORE, the Company or any other Releasee, and forever release and discharge SNORE, the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Nevada law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless SNORE, the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against SNORE, the Company or any other Releasees, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of SNORE or the Company.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless SNORE and the Company from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Clark County, Nevada, and I hereby consent to the exclusive jurisdiction of such courts.
RACERS acknowledge that they fully read and fully understood this Release and Indemnity before freely and voluntarily signing it.