Motorsports is dangerous and can cause serious injuries!
Assumption of Risks:
I understand that riding motorcycles is inherently dangerous. I represent to KTM that I have sufficient experience riding motorcycles to understand all the risks involved in motorcycle riding and racing. I attend this event out of my own free will and choice. I am aware that motorcycle riding in an offroad scenario involves risks, dangers, and hazards in addition to those normally associated with motorcycle riding. By choosing to attend this event, I fully and voluntarily accept and assume all risks, whether before, during, or after the event. Such risks include, without limitation, physical and mental injury, pain and suffering, emotional distress, trauma, illness, death, whether or not caused by negligence or other fault of KTM, equipment malfunction, inadequate training or supervision, defective design or manufacture of equipment, contact with other participants or objects on the premises, the effects of weather, or other surrounding conditions. All risks are known and appreciated by me. I waive any and all specific notice of the existence of the risks. I shall assume and pay my own medical and emergency expenses in the event of injury, illness, or other incapacity.
Release of Liability, Waiver of Claims and Covenant not to Sue:
Knowing these facts, and in consideration of my acceptance, admission, and participation in this event, I, the undersigned, for myself, my successors, and anyone acting on my behalf, do hereby release, waive, discharge, and covenant not to sue KTM, KTM-related companies, and each of their representatives and employees, from all claims, demands, liabilities, or other expenses of any kind I have, may have, or may accrue in the future against KTM, directly or indirectly arising out of or relating to my participation in this KTM event. My waiver and release of claims shall include, without limitation, all claims for negligent acts or omissions that I may have or claim to have against KTM, KTM-related companies, and each of their representatives and employees for all personal injuries, including death, and any injuries to property, directly or indirectly caused by or arising out of my participation in this event.
Indemnification:
I agree, for myself and my successors, to indemnify, defend, and hold harmless, including all costs and attorney fees, KTM, KTM-related companies, and their representatives and employees, from all claims and suits for personal injuries, including death, damage to property, and any third party, caused directly or indirectly by any act or omission arising out of my motorcycle riding or participation in this event.
Other conditions and agreements:
1. I am not relying on any oral or written representations or statements made by third parties regarding the risks involved in participating in this event.
2. I represent to KTM that I will wear appropriate protective gear, consisting at least of an approved helmet, while riding a KTM motorcycle at this event.
3. I agree that my name, all photographs, movies, or other likenesses taken or made of me by KTM or its representatives in connection with my participation in this event, as well as any reproduction or replica of the same, may be used by KTM or its representatives in any reasonable manner without my further approval.
4. I am in good health and have no physical or mental condition that would restrict or prevent me from participating in this event. I acknowledge and agree to inspect the motorcycle for its flawless mechanical and ride-ready condition before each ride/drive according to customary duties.
5. Motorcycle Damage:
Where a motorcycle is provided for my use, I acknowledge and agree to inspect the motorcycle for its flawless mechanical and ready to ride condition before each ride according to customary duties. KTM will bear the costs of repair to the motorcycle for superficial cosmetic damage and reasonable race-related damages, such as scratches, dents, broken levers, handlebars, wheel rim damage, burnt clutch plates, and so on. However, should I negligently and recklessly cause catastrophic damage to the KTM motorcycle to the amount in excess of 2,000 EUR, I agree to reimburse to KTM the repair costs upon request. Such damage could include, but is not limited to, frame damage, or engine seizure due to engine abuse.
6. Data Protection:
In connection with this liability release, it is necessary to process your personal data. In addition, it may be necessary to transfer the data to group companies or other bodies such as insurance companies. The company responsible for data processing is KTM Sportmotorcycle GmbH, Stallhofnerstr. 3, 5230 Mattighofen. The processing and disclosure of the data is based on Art. 6 (1) letter b DSGVO if the disclaimer is related to the performance of a contract or is necessary for the performance of pre-contractual measures. In all other cases, the processing is based on our legitimate interest regarding the disclaimer (Art. 6 (1) (f) DSGVO) or serves the fulfillment of legal obligations (Art. 6 (1) (c) DSGVO). The data you provide will remain with us until the purpose for storing the data no longer applies. Mandatory legal provisions, in particular retention periods, remain unaffected.
7. Governing Law and Jurisdiction:
This liability release is subject to Austrian law, excluding the provisions of international private law. Any disputes arising out of or in connection with this liability release will be brought before and be subject solely to the jurisdiction of the responsible court in Ried im Innkreis, Austria. However, it is acknowledged that mandatory local laws, including any compulsory regulations under Thailand law relevant to this event, particularly regarding liability and consumer protection, will remain applicable where such laws cannot be contractually excluded.
8. Riding on Public Roads/Highways:
I will observe all applicable traffic laws and regulations, obey the instructions of KTM or the event organizers, and respect street, weather, and surrounding conditions. I carry a valid driver’s license with a motorcycle endorsement, which allows me to legally ride a KTM motorcycle on public roads.
I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS DOCUMENT. I CONFIRM THAT, PRIOR TO SIGNING BELOW, I HAVE READ AND UNDERSTAND THIS LIABILITY RELEASE AND ITS LEGAL IMPLICATIONS AND CONSEQUENCES.