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IN CONSIDERATION of being permitted to compete, officiate, observe, work
for, or participate in any way in the EVENT(S) or being permitted to
enter for any purpose any RESTRICTED AREA (defined as any area requiring
special authorization, credentials, or permission to enter or any area
to which admission 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 have 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 and he feels
anything to be unsafe, he will immediately advise the officials of such
and if necessary will leave the RESTRICTED AREAS and/or refuse to
participate further in the EVENT(S).
2. HEREBY
RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE FANTASY MOTO, LLC,
the promoters, participants, racing associations, sanctioning
organizations or any subdivision thereof, track operators, track owners,
car owners, officials, drivers, pit crews, rescue personnel, any persons
in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and
lessees of premises used to conduct the EVENT(S), premises and events
inspectors, surveyors, underwriters, consultants, and others 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 and employees, all
for the purposes herein referred to as “Releasees,” FROM ALL
LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns,
heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR
DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR
RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE
EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR
OTHERWISE.
3. HEREBY
AGREES TO INDEMNIGY AND SAVE AND HOLD HAMRLESS the Releasees
and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they
may incur arising out of or related to the EVENT(S) shether caused by
the negligence of the releasees or otherwise.
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/or property damage.
Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES
RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS
OR PROCEDURES OF THE RELEASEES.
6. HEREBY
agrees that this Release and Waiver of Liability, Assumption of Risk and
Indemnity Agreement extends to all acts of negligence by the Releasees,
INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and
inclusive as is permitted by the laws of the Province or State 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.
7. HEREBY
agrees that photographers, video productions and telecasts may be made
of the undersigned either alone or together with others, during the race
event or at such times or places as Fantasy Moto, LLC and or affiliate shall designate. The undersigned
agrees that all rights in such photographers, video productions, and
telecasts including,, but not limited to, rights of sale, reproduction,
use and distribution, shall belong to Fantasy Moto, LLC
and/or affiliate, its successors and assigns the non-exclusive right to
use the undersigned’s name or likeness for any and all commercial
benefit and purpose, without limitation.
8. HEREBY
agrees to indemnify and hold harmless Fantasy Moto, LLC
and/or Fantasy
Moto, LLC
affiliate, and their respective agents, licensees, employees, successors
and assigns from and against all claims, liability, loss or expense,
including reasonable attorney’s fees, which may result from the use of
the above.
9. HEREBY
agrees that no good, item, or product (“Product”) of any form or
type shall be conveyed, distributed, handed out, gifted, or given away
without a charge reasonably related to the value of the Product to any
other Fantasy Moto, LLC
member, patron, or guest without the prior written consent of Fantasy Moto, LLC.
I HAVE 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.
All
drivers must check-in at registration the weekend of the event.
You will not be allowed to race if Fantasy Moto, LLC does not have a
signed copy of this waiver prior to the event. All drivers under
18 must have a parent or legal guardian present at driver check-in to
sign the waiver forms.
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