In consideration of being granted a license and in consideration of being permitted to enter for any purpose any "restricted area" (herein defined as including but not limited to the racing surface, pit areas, infield, garage areas, and all walkways, roadways, concession areas and other areas appurtenant to any area where any activity related to the competitive racing event shall take place)":
RELEASE AND WAIVER OF LIABILITY: I, for myself, my spouse, my dependents, my heirs, next of kin, personal representatives and assigns, hereby release, waive, discharge and covenant not to sue the United States Auto Club, Inc. (USAC), its successors and assigns, the race organizer presenting USAC sanctioned events, the owners and lessees of premises on which USAC sanctioned events, including car owners, drivers, mechanics, pit crews, and any persons in any restricted area, promoters, sponsors, advertisers, manufacturers of all racing equipment upon the premises, and the officers, directors, officials, representatives, agents and employees of all of them (all of whom for the purposes herein are referred to as "releasees") from all liability, loss, claims, demands, possible causes of action, court costs, attorneys' fees and other expenses arising from any lawsuit that may otherwise accrue from any loss, damage or injury (including death) to my person or property in any way resulting from, or arising in connection with, or related to, any sanctioned event, and whether arising while engaged in competition or in practice or preparation therefore, or while upon, entering or departing from said premises, from any cause whatsoever including without limitation, the failure of anyone to enforce rules and regulations, failure to make inspections, or the negligence of releasees or other persons.
ASSUMPTION OF RISK. I know the risk to myself and property, both from known risk and unanticipated risk, while in or upon the restricted area or while participating or assisting in a sanctioned event, and I do so willingly, voluntarily and in reliance, not upon the property, equipment, facilities and existing conditions furnished by others, but upon my own judgment and ability, and I thereby assume all risk of loss, damage or injury (including death) to myself and my property from any cause whatsoever and whether or not attributable to the negligence of releasees or other persons.
INDEMNITY AGREEMENT. I hereby agree to defend, indemnify and hold harmless the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in or upon the restricted area, whether caused by the negligence of releasees or other persons.
1. The driver/pit crew, in filing an application to enter the event, elects to use the course of the event at driver's /pit crews own risk, and thereby releases the sanctioning organization together with their heirs, assigns, officers, representatives, agents, tech personal, employees, and members, sponsoring organization and owners of properties on which sanctioned events are to be held from all liability from injury to person, property and/or reputation from tech decisions that may be received by said entrant and from all claims of said injuries to the parties listed above growing out of, or caused by any construction or condition of the course over which the event is held and or piece of equipment that participant entered into competition.
2. Drivers/pit crew and other participants further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time, and the above and released persons cannot control these risks, nor have the released persons judged the participants’ skill level or ability prior to allowing the participants to participate and consequently is not in a position to guarantee the participants’ personal health or safety during the programs, events or activities. DRIVER/PIT CREW KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PERSONS OR OTHERS, AND THE PARTICIPANTS ASSUME FULL RESPONSIBILITY AND LIABILITY FOR THE PARTICIPANTS’ PARTICIPATION.
In consideration of permission and as a requirement of participation in sanctioned events, drivers, pit crew and other participates hereby covenant and agree not to sue the sanctioning organization, or its heirs, assigns, officers, representatives, agents, employees, and members, sponsoring organization and owners of properties on which sanctioned events are to be held, and further agree to fully release, indemnify and hold harmless those persons from any and all causes of action, demands, claims, and loss of injury to person or property or damages, of any nature whatsoever, whether
I understand that as a condition to my attendance at any 2023 Hammerking Productions Events held on Johnson Valley OHV Land, I am releasing Hammerking Productions Inc., Progressive Casualty Insurance Company, Nitto Tire U.S.A. Inc., JohnsonControls Inc., Ford Motor Company, Industrial Process Equipment Inc., Department of the Interior, Bureau of Land Management, the United States Government, including but not limited to, the Department of the Interior and the Department of the Navy, and the agencies and employees thereof, volunteers, sponsors, rescue personnel from all responsibilities to heirs, executors, assigns and me for anything that occurs during the event. This release specifically includes, but is not limited to, claims, losses and damages that may have arisen from and/or been caused, in whole or in part, by any act or omission of the named released parties. By my signature below, I certify that I have read, and understand, and accept the following representations, stipulations, and waivers.
I understand that Hammerking Productions Inc., Progressive Casualty Insurance Company, Nitto Tire U.S.A. Inc., Johnson Controls Inc., Ford Motor Company, Industrial Process Equipment Inc., Department of the Interior, Bureau of Land Management, the United States Government, including but not limited to, the Department of the Interior and the Department of the Navy, and the agencies and employees thereof, and/or, their lessees, agents, directors, officers, servants, employees, volunteers and co-promoters if any, will not accept financial or legal liability for any injury, physical damage or other occurrence arising from the event or activities of the below persons. Accordingly, my participation in such event and activities shall be at my own risk. I elect to participate in these activities knowing that conditions may be hazardous, or may become hazardous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death that may be sustained by and/or towards me, or any loss of damage to property owned by me as a result of the event, whether caused by the negligence of the releasees or otherwise.
I understand that my operation of a motor vehicle subjects me to the laws of the event State, and further, acknowledge that I must abide by all of the rules and regulations as adopted by the Event. I waive all rights to the use of my name, and likeness of myself, or equipment for entertainment, or commercial promotional uses.
Accordingly, I forever release, discharge and waive, for myself, my personal representatives, heirs, and next of kin, all claims which I might have against Hammerking Productions Inc., Progressive Casualty Insurance Company, Nitto Tire U.S.A. Inc., Johnson Controls Inc., Ford Motor Company, Industrial Process Equipment Inc., Department of the Interior, Bureau of Land Management, the United States Government, including but not limited to, the Department of the Interior and the Department of the Navy, and the agencies and employees thereof, volunteers, sponsors and/or the property owners, their agents, directors, offices, servants, volunteers or representatives, for and from any injury, accident, illness, property damage, death or other occurrences arising in any manner whatsoever which is caused by or arises out of my participationin this event. I expressly assume all risk of my participation including the risk that I might be injured or die as a result of the negligence or gross negligence of the releases or others who are under their direct and indirect control.
I expressly assume financial and/or legal liability for all risks or injury to persons who accompany me to this event including my family members, guests, friends, and acquaintances, and all other persons who accompany me in my registered vehicle. Furthermore, I agree to indemnify, save and hold harmless Hammerking Productions Inc., Progressive Casualty Insurance Company, Nitto Tire U.S.A. Inc., Johnson Controls Inc., Ford Motor Company, Industrial Process Equipment Inc., Department of the Interior, Bureau of Land Management, the United States Government, including but not limited to, the Department of the Interior and the Department of the Navy, and the agencies and employees thereof, and/or the property owners, or their agents, directors, officers, servants, employees, volunteers, and lessees, from all risks assumed above and any damage to personal property or personal injury caused by others.
IN CONSIDERATION of being permitted to compete, officiate, observe, work, 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:
Acknowledges, agrees, arid represents that he has 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).
HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOTTO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, officials, competition vehicle owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and leassees of premises used to conduct the EVENT(S), premises and event 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 RELATING TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED'S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
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.
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.
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 State or Province in which the Event(s) is/are conducted arid that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue In full legal force and effect.
HEREBY acknowledges that the undersigned has the right to negotiate the terms and conditions of this release agreement but by signing below hereby waives such right.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, 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 THE LAW.
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Signed by Dave Cole Signed On: October 18, 2022
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Document Name: USAC KOH Event Waiver - Standalone 2022-10-12
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