PARENTAL
CONSENT, RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION
OF RISK, AND INDEMNITY AGREEMENT
DESCRIPTION
AND LOCATION OF EVENT(S)
IN CONSIDERATION of my minor
child (“the Minor”) being permitted to participate in any way in the EVENT(S)
and/or being permitted to enter for any purpose any RESTRICTED AREA(S) (defined
to be any area which requires special authorization, credentials or permission
to enter or any area to which admission by the general public is restricted or
prohibited), I agree:
1. I
know the nature of the EVENT(S) and the Minor’s experience and capabilities,
and believe the Minor to be qualified to participate in the Event(s). I will inspect the premises, facilities, and
equipment to be used, or with which the Minor may come in contact. IF I OR THE MINOR BELIEVE ANYTHING IS UNSAFE,
I WILL INSTRUCT THE MINOR TO IMMEDIATELY LEAVE THE RESTRICTED AREA AND REFUSE
TO PARTICIPATE FURTHER IN THE EVENT(S).
2. I
FULLY UNDERSTAND and will instruct the Minor that: (a) THE ACTIVITIES OF THE EVENT(S) ARE VERY
DANGEROUS and participation in the Event(s) and/or entry into Restricted Areas
involves RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT
DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be
caused by the Minor’s own actions, or inactions, the actions or inactions of
others participating in the Event(s), the rules of the Event(s), the condition and
layout of the premises and equipment, and/or THE NEGLIGENCE OF THE “RELEASEES”
NAMED BELOW; (c) there may be OTHER RISKS NOT KNOWN TO ME or that are not
readily foreseeable at this time; (d) THE SOCIAL AND ECONOMIC LOSSES and/or
damages that could result from those Risk(s) COULD BE SEVERE AND COULD
PERMANENTLY CHANGE THE MINOR’S FUTURE.
3. I
consent to the Minor’s participation in the Event(s) and/or entry into
restricted areas and HEREBY ACCEPT AND ASSUME
ALL SUCH RISKS, KNOWN AND UNKNOWN,
AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING
SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN
PART, BY THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW.
4. I
HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE the promoters, participants,
racing associations, sanctioning organizations or any subdivision thereof,
track operators, track owners, officials, car owners, drivers, pit crews,
rescue personnel, any persons in any Restricted Area, sponsors, advertisers,
owners and lessees of premises used to conduct the Event(s), premises or event
inspectors, surveyors, underwriters, consultants and other persons or entities
who give recommendations, directions, or instructions or engage in risk
evaluation or loss control activities regarding the premises or Event(s) and
each of them, their directors, officers, agents, employees, representatives,
owners, members, affiliates, successors and assigns, all for the purposes
herein referred to as “Releasees,” FROM ALL LIABILITY TO ME, THE MINOR, my and
the minor’s personal representatives, assigns, heirs, and next of kin, FOR ANY
AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME OR
THE MINOR, including, but not limited to, death or damage to property, CAUSED
OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE
“RELEASEES” OR OTHERWISE.
5. If,
despite this release, I, the Minor, or anyone on the Minor’s behalf, makes a
claim against any of the “Releasees” named above, I AGREE TO DEFEND, INDEMNIFY
AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from ANY LITIGATION
EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO
THE CLAIM MADE AGAINST ANY OF THE “RELEASEES” NAMED ABOVE, WHETHER THE CLAIM IS
BASED ON THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. I
sign this agreement on my own behalf and on behalf of the Minor.
I HAVE READ THIS PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, UNDERSTAND THAT BY SIGNING IT I
GIVE UP SUBSTANTIAL RIGHTS I AND/OR THE MINOR WOULD OTHERWISE HAVE TO RECOVER
DAMAGES FOR LOSSES OCCASIONED BY THE RELEASEES’ FAULT, AND SIGN IT VOLUNTARILY
AND WITHOUT INDUCEMENT.
MINOR’S
ASSUMPTION OF RISK AND RELEASE
AND
WAIVER OF LIABILITY
I have obtained my parent’s consent
to participate in the above event(s). I
understand that I am assuming all of the risks if I get hurt during the
event(s), and I state the following:
1. Both
my parents and I believe I am qualified to participate in the event(s). I will inspect the premises and equipment and
if, at any time, I feel anything to be unsafe, I will immediately leave and
refuse to participate further in the event(s).
2. I
understand that the ACTIVITIES OF THE EVENT ARE VERY DANGEROUS and INVOLVE RISKS
AND DANGERS OF MY BEING SERIOUSLY
INJURED OR HURT, MY BEING PARALYZED OR KILLED.
3. I
know that these risks and dangers may be caused by my own actions or inactions,
the actions or inactions of others participating in the event(s), the rules of
the event(s), the condition and layout of the premises and equipment, and/or
the NEGLIGENCE of others, including
those persons responsible for conducting the event(s).
4. I
HEREBY ASSUME ALL SUCH RISKS, EVEN IF THE RISKS ARE CREATED BY THE NEGLIGENCE of the promoters,
participants, racing associations, sanctioning organizations, or any of its
subdivisions, track operators, track owners, officials, car owners, drivers,
pit crews, rescue personnel, any persons in any restricted areas, promoters,
sponsors, advertisers, owners, and lessees of premises used to conduct the
events, premises or event inspectors, surveyors, underwriters, consultants, and
any other person or entity who gives recommendations, directions, or
instructions, or engages in risk evaluation, loss control activities or sales
regarding the premises or events, and each of them, their directors, officers,
agents, employees, representatives, owners, members, affiliates, successors and
assigns, all for the purposes herein referred to as “Releasees.”
5. I
HEREBY RELEASE, WAIVE, COVENANT NOT TO SUE, AND DISCHARGE, ALL OF THE RELEASEES
FROM ALL
LIABILITY TO ME, my personal
representatives, assigns, heirs, and next of kin, for any and all loss or
damage and any claim or any demand on account of any injury to me including,
but not limited to, my death, whether caused by the NEGLIGENCE of the Releasees or otherwise.
I HAVE READ THE ABOVE ASSUMPTION OF RISK
AND RELEASE AND WAIVER OF LIABILITY, UNDERSTAND WHAT I HAVE READ, AND SIGN IT
VOLUNTARILY.
