WAIVER AND RELEASE; COVENANT NOT TO SUE; INDEMNITY AND HOLD HARMLESS; ASSUMPTION OF RISKS; PHOTO AND VIDEO RELEASE; AND VOLUNTARY PARTICIPATION AND INFORMED CONSENT
IN CONSIDERATION OF my being permitted to participate in the go kart and motorsport activities and any aliated activities and events operated by Spa Indoor Speedway, LLC d/b/a Veloce Indoor Speedway (hereinafter referred to as Veloce) at or around 1030 Old Monrovia Rd NW, Huntsville, AL 35806 (the “Property”) including, without limitation, driving, riding, racing, training, learning, practicing, competing, maintaining karts, observing and spectating, or for any other purpose (hereinafter collectively “EVENTS”) and/or IN CONSIDERATION OF my being permitted to enter into or upon the premises, locations, and facilities where said EVENTS are or will be taking place, I, on behalf of myself, and on behalf of my personal legal representatives, assigns, heirs, and next of kin (hereinafter collectively “THE UNDERSIGNED”) hereby:
1. WAIVER AND RELEASE. RELEASE, WAIVE AND DISCHARGE VIS, their respective managers, members, ocers, employees, operators, organizers, sponsors, hosts of the EVENTS, ocials, lessors, inspectors, insurers, underwriters, consultants, investors, volunteers, independent contractors, agents and legal representatives, and their respective heirs, successors, and assigns (hereinafter collectively “THE RELEASEES”) from any and all liability to THE UNDERSIGNED on account of, arising out of, or in connection with any and all injuries, losses or damages, and any claims or demands for any injuries, losses or damages, to the person or property of THE UNDERSIGNED or resulting in the death of THE UNDERSIGNED, whether or not caused by the active negligence or fault, passive negligence or fault, or joint or sole negligence or fault of THE RELEASEES, whether or not any risk to the UNDERSIGNED is disclosed to the RELEASEES by the UNDERSIGNED, while THE UNDERSIGNED is on the Property, using the Property, facilities and services thereon, or participating in any way in any of the EVENTS under the direct, or indirect, control of, or sponsored by, RELEASEES;
2. COVENANT NOT TO SUE. AGREE NOT TO SUE THE RELEASEES, on account of, arising out of or in connection with any and all injuries, losses or damages to the person or property of THE UNDERSIGNED, including the death of THE UNDERSIGNED, whether or not caused by the active negligence or fault, passive negligence or fault, or joint or sole negligence or fault of THE RELEASEES, while THE UNDERSIGNED is on the Property, using the Property, facilities and services thereon, or participating in any way in any of the EVENTS under the direct, or indirect, control of, or sponsored by, RELEASEES;
3. INDEMNITY AND HOLD HARMLESS. AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES, from any loss, liability, damage or cost they incur (including attorneys’ fees and court costs), and/or from and against any claim or lawsuit led against them, on account of, arising out of, or in connection with the presence of THE UNDERSIGNED on the Property, or THE UNDERSIGNED’s use of the Property or of the facilities and services under the direct, or indirect, control of, or sponsored by, RELEASEES, or THE UNDERSIGNED’s participation in any way in any of THE EVENTS thereon, whether or not caused by the active negligence or fault, passive negligence or fault, or joint or sole negligence or fault of THE RELEASEES; THE UNDERSIGNED also agrees to pay Veloce for any and all damage to the Property, facilities and equipment of Veloce caused by THE UNDERSIGNED;
4. EXPRESS ASSUMPTION OF RISKS. ASSUME ANY AND ALL RISKS of injury, death, loss or damage to the person or property of THE UNDERSIGNED, whether or not caused by the active negligence or fault, passive negligence or fault, or joint or sole negligence or fault of THE RELEASEES, while THE UNDERSIGNED is on the Property, using the property, facilities and services thereon, or participating in any way in any of the EVENTS thereon;
5. VOLUNTARY PARTICIPATION AND INFORMED CONSENT. Acknowledge that there are inherent dangers related to the EVENTS which may result in loss or damage to my person or property or result in my death. I acknowledge that I am not required to participate in the EVENTS and do so voluntarily for my personal pleasure and that I have not been induced into signing this Waiver and Release. I understand that I can refuse to sign this Release and not participate in the EVENTS. THE UNDERSIGNED KNOWINGLY AND FREELY ASSUMES ALL RISKS, both known and unknown, and assumes full responsibility for participation in the EVENTS. I agree that I will not participate in the 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 mental or physical condition that may impair my ability to understand instructions or to participate without creating risk to others or myself. THE UNDERSIGNED acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. It is THE UNDERSIGNED’s responsibility to: (1) fully disclose any health issues or medications that are relevant to participation in the EVENTS; (2) inform Veloce personnel if there are any activities or aspects of the EVENTS about which THE UNDERSIGNED does not feel comfortable; (3) cease participation and promptly report to Veloce personnel any adverse feelings or physical discomfort; and (4) clear his or her participation with his or her physician. Disclosure by the UNDERSIGNED of any concerns, as provided immediately above, will not affect or alter the terms of this Agreement and will not shift the burden of negligence to RELEASEES. THE UNDERSIGNED bears responsibility to obtain, review, and follow all rules and regulations and instructions associated with the EVENTS.
6. PHOTO AND VIDEO RELEASE. I hereby grant permission to Veloce the rights of publication of my image, likeness and sound of my voice recorded at or around Veloce facilities or at Veloce EVENTS. I grant this to Veloce in consideration of being granted access to the Property. I understand that my image may be edited, published or electronically distributed and waive the right to inspect or approve the nished product wherein my likeness or my voice appears. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
7. SEVERABILITY; CHOICE OF LAW. This Agreement is intended to be as broad and inclusive as is permitted by law, and it is intended to be fully severable. If any portion of this Agreement is held invalid, it is agreed that the balance of the Agreement shall continue in full legal force and eect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnied against in the event that the waiver and release of any particular type of claim is found to be invalid or contrary to public policy or applicable law. This Agreement is to be interpreted under and governed by the laws of the State of Wisconsin.
I HAVE READ THIS AGREEMENT FULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME and I intend my signature to be a complete, continuing and uncontrolled release of all liability to the greatest extent allowed by law. If I am signing this Agreement on behalf of any minor participant, I hereby represent and warrant to Veloce that I am the parent or legal guardian of the minor participant with full rights to act as such under all applicable laws.