IN CONSIDERATION of being permitted to officiate, observe, attend, work for, or participate in any way in the EVENTS 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), THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, insurers, successors, assigns, and next of kin:
1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he/she enters, and he/she further agrees and warrants that, if at any time, he/she is in or about RESTRICTED AREAS and he/she feels anything to be unsafe, he/she will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENTS.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, organizers, professional associations, sanctioning organizations or any subdivision thereof, event operators, venue owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the EVENTS, 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 EVENTS and each of them, their directors, officers, agents and employees, including but not limited to Buhler Versatile Inc., Woodruff Sweitzer, and Woodruff Communications Canada Inc., all for the purpose herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, heirs, insurers, successors, assigns, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED AND/OR ANY CHILD UNDER THE AGE OF 18 YEARS ARISING OUT OF OR RELATED TO THE EVENTS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. 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 EVENTS WHETHER 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 EVENTS whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENTS ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. I fully understand the risks and dangers involved in these activities and EVENTS and I do hereby acknowledge, and accept same entirely at my own risk.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to and includes 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 EVENTS 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 in respect to any Child as defined herein: In consideration of Releasees accepting my application on behalf of myself and any minor child on whose behalf I sign this Agreement, for participation in an activity or service operated or organized by Releasees herein, I HEREBY agree to this release of claims, waiver of liability, assumption of risk and indemnity agreement (collectively "this Agreement") for myself and any Child. I declare that in participating, or in permitting the participation of any minor Child in respect of whom I sign this Agreement (the "Child"), in any activity or service operated or organized by Releasees, I waive any claims that I may have against Releasee and release Releasees from all liability for injury, death, damage or loss (financial, economic, to property or otherwise) sustained by me as a result of my participation or the participation of the Child in such activity, due to any cause whatsoever including, without limitation, negligence on the part of Releasees. I further agree to indemnify Releasees against any liability resulting from such participation to any third party or any persons in respect of whom I sign this Agreement (the Child or other). I declare that I do not have nor does the Child have any physical or mental restrictions which might limit our participation in these activities and increase our chance of harm. I agree to allow Releasees to seek out medical aid on my behalf if I or the Child is involved in an accident. I fully understand the risks and dangers involved in these activities and I do hereby acknowledge, and accept same entirely at my own risk I further agree and undertake that any Child must be supervised at all times by an Adult and that any Child shall not operate or have care or control of any powered vehicle or equipment.
8. I hereby give permission to Buhler Versatile Inc. to use my name and/or the name of my Child and photographic likeness of me or my Child in all forms and media for advertising, trade, and any other lawful purposes.
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.
I declare that I am at least eighteen (18) years of age and that the terms hereof shall be binding upon me, my heirs, successors, assigns, insurers and personal representatives and upon the Child in respect of whom I sign this Agreement.