ANNUAL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being issued a WMX license and being permitted to compete, officiate, observe, work for, or participate in any way in the 2016 Women’s National Motocross Championship (“WMX”) events and activities (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), I, for myself, my personal representatives, heirs and next of kin:
- Acknowledge, agree and represent that I have or will, immediately upon entering, inspect the premises, facilities, equipment to be used or with which I may come in contact, including any Restricted Areas, and will continuously thereafter inspect same. IF I BELIEVE ANYTHING TO BE UNSAFE, I will immediately advise the officials of such and, if necessary, IMMEDIATELY LEAVE THE RESTRICTED AREA AND REFUSE TO PARTICIPATE FURTHER IN THE EVENT(S).
- FULLY UNDERSTAND that (a) THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and participation in the Event(s) and/or entry into Restricted Areas involve RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) 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, or THE NEGLIGENCE OF THE “RELEASEES” NAMED HEREIN; (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 Risks COULD BE SEVERE AND COULD PERMANENTLY CHANGE MY FUTURE; and (e ) INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF RELEASEES.
- 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 HEREIN.
- HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MX Sports, Inc., MX Sports Pro Racing, Inc., AMA, the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, motorcycle owners, riders, pit crews, rescue personnel, any persons in any Restricted Area, sponsors, advertisers, owners and lessees of premises used to conduct the Event(s), premises and 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 parent companies and subsidiaries, members, directors, shareholders, officers, agents and employees, all for the purposes herein referred to as “Releasees”, FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES ON ACCOUNT OF INJURY, 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.
- If, despite this release, I or anyone on my behalf makes a claim against the “Releasees” named above, I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and their insurance carrier, 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.
- HEREBY agree that in the event I sustain any injury while at the Event(s), that any rescue personnel or medical personnel may release such medical information about my condition to the representatives of the promoter, sanctioning organization, track operator, or track owner, as necessary to allow such individuals to properly report that information to appropriate representatives of the sanctioning organization and/or insurance carriers.
- HEREBY agree to be filmed, videotaped and photographed, and to have my name, image, picture, likeness, voice and biographical information otherwise recorded, in any media, during the Event(s), by MX Sports Pro Racing’s authorized representative (the “Footage”).
- HEREBY grant MX Sports Pro Racing, with no financial or other compensation due to me, full right and license to use, and to authorize third parties to use, in all media, the Footage for (1) news and information purposes; (2) promotion of the specific activities and/or competition(s) in which I participate, (3) promotion of the sport, and (4) promotion of MX Sports, provided that, in no event may MX Sports Pro Racing use or authorize the commercial use of the Footage in any manner that would imply my endorsement of any company, product, or service, without my written permission.
I HAVE READ AND UNDERSTAND THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND THAT BY SIGNING SAME I GIVE UP SUBSTANTIAL RIGHTS I WOULD OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASSIONED BY THE RELEASEES’ FAULT, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
In the event of a Minor Participant, a parent or guardian must execute, in addition to the foregoing Release and Waiver of Liability and Indemnity Agreement, the following, for and on behalf of the minor:
The undersigned parent and natural guardian or legal guardian of the Minor Participant executes the foregoing Release and Waiver of Liability and Indemnity Agreement for and on behalf of the Minor Participant. I hereby bind myself, the minor and all other assigns to the terms of the Release and Waiver of Liability and Indemnity Agreement. I represent that I have legal capacity and authority to act for and on behalf of the Minor Participant, and I agree to indemnify and hold harmless the persons or entities named in the Release and Waiver of Liability and Indemnity Agreement for any and all claims or liabilities assessed against them as a result of any insufficiency of my legal capacity or authority to act for and on behalf of the Minor Participant in the execution of the Release and Waiver of Liability and Indemnity Agreement. I fully consent to my child’s participation in the Event(s).
THE PARENT OR GUARDIAN HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND DOES SO VOLUNTARILY AND WITH THE UNDERSTANDING THAT SUBSTANTIAL RIGHTS ARE BEING GIVEN UP.