1. PARTICIPATION IN THE ACTIVITY
The Participant desires to participate in the Activity, including, without limitation, to drive or be a passenger in any vehicle, whether the vehicle is owned by Sponsor, by the Participant or any other party, or otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity.
2. ASSUMPTION OF RISK
The Participant’s choice to participate in the Activity is knowing, voluntary, and made for the Participant’s personal enjoyment. The Participant understands that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from the Participant’s actions, inactions, or negligence, but also from the actions, inactions, or negligence of others,
or the condition of the facilities, equipment or vehicles. Further, there may be other risks not known to the Participant or reasonably foreseeable at this time. The Participant understands and has considered the risks involved, and voluntarily and freely choose to assume these risks.
3. USE OF THE PARTICIPANT’S PERSONAL VEHICLE
The Participant plans to participate in the Activity with their personal vehicleYesNoMake/Model/Year of Personal Vehicle: Registered Owner:License Plate:Vin #
4. REPRESENTATIONS AND WARRANTYS OF THE PARTICIPANT
The Participant represents and warrants that: (a) the Participant’s personal vehicle is in good condition and fit for participation in the Activity; (b) the Participant’s personal vehicle has been maintained in accordance with the manufacturer’s recommendations; (c) the Participant has had the drivetrain, suspension and brakes checked within the previous three months by a dulylicensed professional mechanic; (d) the Participant’s insurance policy meets Applicable Law relating to automobile/motorcycle insurance minimum coverage requirements for bodily injury, death and property damage; and (e) the Participant will provide Sponsor with proof of valid automobile/motorcycle insurance and registration upon request. The Participant further represents that they are over 18 years of age and have a valid driver’s license with the appropriate motorcycle endorsement from the state of issue. The Participant represents that they are in good health, in proper physical condition, and do not have any medical or other conditions that would impair the Participant’s ability to drive or ride in a vehicle or otherwise participate in the activity. The Participant represents that they have never been refused automobile or motorcycle insurance coverage or had special conditions imposed. If at any time the Participant believes conditions to be unsafe or that they are no longer in proper physical condition to participate in the Activity, the Participant will immediately discontinue further participation in the Activity.
5. SAFETY REGULATIONS
The Participant will follow any and all instructions, recommendations and cautions of the Sponsor at all times during the Activity, including, without limitation, in respect of my operation of any vehicle at the Activity or other participation in the Activity. The Participant will comply with all Applicable Laws while participating in the Activity. The Participant will operate all vehicles at the Activity in a safe manner and will observe all traffic laws. The Participant will not operate or be a passenger in any vehicle at the Activity while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which would impair The Participant’s ability to operate or ride in a vehicle.
6. RELEASE FROM LIABILITY
The Participant fully and forever release and discharge Sponsor and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as “Sponsor”) from any and all injuries (including death),losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or the Participant, the Participant’s property, or any other person, directly or indirectly arising out of or in connection with The Participant’s participation in the Activity, even if it is due to the negligence, injudicious act, omission or other fault of Sponsor.
7. INDEMNITY
The Participant will defend, indemnify, hold harmless and reimburse Sponsor from and for all damages, losses, costs, or expenses (including legal fees) incurred by Sponsor or paid by them to any person (including to the Participant or the Participant’s insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. The Participant will reimburse Sponsor if anyone makes a claim against Sponsor in connection with the Participant’s participation in the Activity, including, without limitation, any accident the Participant may be involved in or any injury, loss, damage to the Participant, other parties or property however caused.
8. COVENANT NOT TO SUE
The Participant will not initiate any claim, lawsuit, court action or other legal proceeding or demand against Sponsor, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by the Participant, other parties or the Participant (or others’) property in connection with my participation in the Activity, and the Participant waives any right the Participant may have to do so. This means that the Participant cannot sue to hold Sponsor responsible for any injury, loss, or damage sustained by the Participant, other parties or the Participant (or others’) property in connection with the Activity, even if it is due to the negligence, injudicious act, omission or other fault of Sponsor. The Participant waive my insurers’ right to make a claim against Sponsor based on payments by insurers to the Participant or on my behalf for any reason. This means the Participant’s insurers have no rights of subrogation against Sponsor.
9. MEDICAL EXPENSES
The Participant hereby consents to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury or medical emergency resulting from or in connection with the Participants participation in the Activity and understand that the Participant is solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.
10. PUBLICITY
The Participant hereby grants the Sponsor, without limitation, the right to use the Participant’s name and likeness in connection with the Activity for any publicity without further compensation or permission.
11. BINDING EFFECT
This Release and Waiver shall be binding upon and enforceable against the Participant, and the Participant’s personal representatives, spouse, assigns, heirs and next of kin without limitation.
12. SEVERABILITY
It is the desire and intent of the Parties that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever.
13. APPLICABLE LAW
This Waiver and Release shall be construed in accordance with the laws of the State of Colorado, without regard to any choice of law rules.
14. ATTORNEY FEES
In the event that the Participant violates any term under this Waiver and Release or attempts to violate any term the Sponsor shall be entitled to collect reasonable costs and attorney fees incurred as a result of defending and enforcing this Waiver and Release, regardless of whether or not such matter goes to litigation.
15. ENTIRE AGREEMENT
This document constitutes the entire agreement between Sponsor and the Participant and supersedes any previous or contemporaneous discussions or agreements between the Parties in respect of these matters.
SIGNATURE TO FOLLOW
The Participant specifically acknowledges and agrees that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state laws, ordinances, statutes, rules and regulations (collectively, “Applicable Law”), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO THE PARTICIPANT UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under the Applicable Law of the State of Colorado.
THE PARTICIPANT HAS READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS CONTAINED HEREIN), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT THE PARTICIPANT AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAS SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS ON THE REVERSE SIDE) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BEING MADE TO THE PARTICIPANT.
THE PARTICIPANT HEREBY WARRANTS THE TRUTH OF THE ABOVE STATEMENTS AND THE PARTICIPANT DECLARES THAT THE PARTICIPANT HAS NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF THE SPONSOR IN ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, TO DRIVE ANY VEHICLE PROVIDED BY THE PARTICIPANT, THE SPONSOR OR OTHER PARTIES.