This is a Release and Waiver of Liability and Legal Rights, Assumption of Risk and Indemnity Agreement (“Agreement” or “agreement”) for you to enter and/or participate in the Puma X Fenty Go Kart Race (“Event” or “event”) being held by A-OK COLLECTIVE, LLC AND PUMA SE on the ____14th_____ day of April 2018, either as a rider, driver, participant or spectator, hereinafter referred to as “I”, "Participant", “participant”, “Undersigned” or “undersigned”, “you”, “You”, “your” or “Your.” Participant (and parent or legal guardian, if applicable) in consideration for being permitted to participate in the Event and use of any off road motor vehicle, whether provided by NASH MOTORSPORTZ, LLC or not, for the above stated event to officiate, observe, work or participate in any way in the Event, including, but not limited to, any and all activities that may, or may not, involve any of the off road motor vehicles, some of which may be provided by NASH MOTORSPORTZ, LLC, for any purpose, in any area of the event, including but not limited to the various facilities, agrees to the terms and conditions of this Agreement.
The "event” or “Event” as used herein is the entire premises and facilities which are part of the activities being offered by NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND/OR PUMA SE and for which this document must be signed prior to participation in any activity in connection with the event or involving the use of any off-road vehicles whether provided by NASH MOTORSPORTZ, LLC, or not.
EACH OF THE UNDERSIGNED, for him/herself, and on behalf of his/her heirs, next of kin, spouse, guardians, legal and personal representatives, executors, administrators, successors, and assigns (collectively, “Releasing Parties”) hereby:
I. Acknowledges, understands, agrees and represents that he/she has or will immediately upon entering the event, and will continuously thereafter, inspect the area which he/she enters and he/she further agrees and warrants that, if at any time, he/she is in or about the event and he/she feels anything to be unsafe, he/she will immediately advise the officials/staff members of such and will leave said areas and/or refuse to participate further in the event.
2. Acknowledges and agrees that (i) the activities of the event are very dangerous and involve the risk of serious bodily injury, including, without limitation, the potential for harm, loss, physical and mental injury, emotional distress, death, disability, disfigurement, physical and mental illness, and loss or damage to person(s) or property (collectively “Loss”) and (ii) off-road riding activity has inherent dangers and that no amount of care, caution, instruction or expertise can eliminate and (iii) that l, the undersigned, knowingly, expressly and voluntarily assume all risk of Loss, death, personal 2 injury or other forms of damages, unknown or unknown, sustained while participating in off-road riding activity in motor sports or Event whether or not caused by the negligence of NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE, and all related parties, including, but not limited to, its managers, members and owners, officers, directors, elected officials, agents, employees, contractors or contracted employees, or mechanics (collectively, "Releasees". For sake of certainty, “Releasees” shall include NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA) or otherwise. Each of the undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees. I assume full responsibility for my participation in the Event. I ACKNOWLEDGE AND AGREE IN NO WAY HAVE I BEEN SUBJECTED TO ANY COERCION, PRESSURE OR UNDUE INFLUENCE BY ANYONE TO PARTICIPATE IN THE EVENT.
3. Acknowledges, is aware of and understands that, off-road riding activities have inherent dangers with respect to operating equipment on real property and land that may have both obvious and/or hidden dangers whether natural or man-made, including, but not limited to, trees, tree limbs, fence posts, snow, ice, earth, wildlife, variations in surface, streams, creeks, cliffs, crevasses, stumps, hills, pot holes, rocks, brush and other debris and that no amount of care, caution, instruction, inspection or expertise can eliminate such obvious and/or hidden dangers. l, the undersigned, expressly and voluntarily assume all risk of Loss, death or personal injury or other forms of damages sustained while participating in the Event or off-road riding activities that may be caused by such risk, hazards and obvious and/or hidden dangers whether or not caused by the negligence of the Releasees or otherwise.
4. Acknowledges, agrees and represents that he/she has at all times, while riding in a vehicle participating in this event, will wear his/her respective seat and shoulder belts, helmets and/or other applicable safety equipment, that his/or her vehicle is in good mechanical condition, that I will operate all equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual, he/she has informed himself/herself about the event and trail(s) involved in the event, either by prior participation or investigation into the event and trail and that he/she will not allow anyone else to ride or drive entered vehicles unless said person has signed this Agreement.
5. Acknowledges, agrees and represents that he/she is aware that NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE and all Releasees assume no duty to supervise any participant, spectators, or any other individual.
6. Acknowledges, agrees and represents that he/she understands that off-road riding activity is an action sport and recreational activity and that such activity is subject to Loss, accidents, Injury and even death of participants and that participants may suffer broken bones, internal Injuries, paralysis, or fatal injury as well as loss or damage to personal property while participating in off-road riding activity.
7. Acknowledges, agrees and represents that he/she is aware that if alcohol is permitted at the event and are driving the off-road vehicles, participants that consume alcohol are subject to compliance with the laws of the State of California and participants will not attempt, or will no longer be able, to drive as it may create a risk to themselves and others. I further acknowledge and agree (i) that if I have consumed any alcohol, illegal drugs or marijuana I will not attempt to drive any off-road vehicle, (ii) that there is ABSOLUTELY NO ALCOHOL CONSUMPTION, OR ILLEGAL DRUG OR MARIJUANA USE PERMITTED DURING THE COURSE OF DRIVING ANY MOTORIZED VEHICLES, (iii) and understand that use 3 or possession of illegal drugs or marijuana will not be permitted while at the event or while DRIVING ANY MOTORIZED VEHICLES ON OR OFF ROAD. Consumption of alcohol or use of drugs, including marijuana, particularly if you are operating a motorized vehicle, is extremely dangerous to yourself and other parties. Participants brought to the attention of representatives of NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC OR PUMA SE, who are suspected of using alcohol or drugs, including marijuana, during the event or on a trail while operating a motor vehicle (on or off road) and/or behaving in any such manner that might be putting others in danger will no longer be allowed to drive and removed from the area or event.
8. UNCONDITIONALLY AND IRREVOCABLY RELEASES, WAIVES, FOREVER DISCHARGES, AND HOLDS HARMLESS, NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE, AND RELEASEES, to the fullest extent permissible under the law, from any and all manner of liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, and whether at my instance or at the instance of any third party, related to any Loss that I or any third party may suffer arising out of or pursuant to the negligence of any of the Releasees or otherwise, or arising out of (i) my use or operation of any motor vehicle (on or off road), or (ii) my preparation for, participation, performance, or appearance in the Event, or any activity(ies) associated with the foregoing, whether occurring before, during, or after my use or operation of any motor vehicle (on or off road) or my actual participation in the Event, whether such Loss be direct, indirect, consequential, or otherwise (the “Released Claims”).
I, on behalf of myself and the other Releasing Parties, hereby expressly waive and release any and all claims, rights and benefits under Section 1542 of the California Civil Code or any analogous state, local or federal law. Section 1542 of the California Civil Code reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Notwithstanding Section 1542 of the California Civil Code or other similar provisions, this release shall constitute a full release in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, on behalf of myself and the other Releasing Parties, and acknowledge and agree that this waiver is an essential and material term of this Agreement, and without such waiver I would not have been permitted to become a participant in the event. I hereby represent, on behalf of myself and the other Releasing Parties, that I and the other Releasing Parties have been advised of Section 1542, as well as other statutes, laws, or rules of similar effect by each of their legal counsel, and acknowledges and understands the significance and consequence of this Agreement and of this specific waiver of Section 1542 and other such laws.
9. Agrees to indemnify, save and hold harmless the NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA and the Releasees and each of them from any loss, liability damage, or cost he/she may incur arising out of or related to the event whether caused by the negligent act or omission of the Releasees or otherwise while the undersigned is for any purpose participating in such an event. The undersigned acknowledges there is inherent risk associated with this event, including damage to vehicles/personal property, and the undersigned fully assumes the risks involved and hereby assumes full responsibility for any risk of any Loss, bodily injury, death or property damage arising out of or related to the event whether caused by the negligent act or omission of Releasees or otherwise. By 4 executing this instrument, you further authorize NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE and Releasees to use your name, likeness or photos of you for publicity, advertisement, endorsements, or articles.
10. Agrees NOT TO sue or otherwise make a claim against the NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA and Releasees for Losses, damages or other losses sustained as a result of my participation in Event or the off-road riding activities. l, the undersigned, hereby agree to indemnify and hold the NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA and the Releasees harmless from all claims, judgments, and costs, including attorney's fees, incurred in connection with any action brought against them, jointly or severally, as a result of my participation in off-road riding activity or event. I further agree that I will NOT sue or otherwise make a claim on behalf of me and/or on behalf of my minor child against the NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA and the Releasees for damages or other losses sustained as a result of my participation in off-road riding activities or event.
11. Agrees that this Agreement extends to all acts of negligence by NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA and the Releasees, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by the law of the State of California, in which the event is/are being 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.
12. Acknowledges, agrees and represents that he/she will take full responsibility for, and hold harmless the NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA and the Releasees for any Loss, injury, property damage, or death that I may suffer or inflict upon others or their property as a result of my engaging in off-road riding activities or event.
13. Acknowledges, agrees that this Agreement shall be binding on and inure to the benefit of the all parties to this Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.
14. Acknowledges, agrees that Agreement shall be construed under and in accordance with the laws of the State of California.
15. Acknowledges, agrees that in the event any one or more of the provisions, terms, or conditions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceable provision, term, or condition shall not affect any other provision in this Agreement and it shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
16. Agrees that, should any claim or action arise from my participation as described herein, including any issue as to the applicability of this Agreement or any provision contained herein, proper jurisdiction and venue will lie only in Los Angeles County, CA and waive jurisdiction and venue in any other county or state.
17. Acknowledges, agrees that this Agreement constitutes the sole and only Agreement between myself and NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE and supersedes any prior understanding or written or oral agreement between the and NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE respecting the subject matter of this Agreement and I, the 5 undersigned, expressly recognize that this Agreement is a contract pursuant to which I have released any and all claims against and NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE and Releasees resulting from participation in off-road riding activities or event including any claims related to the negligence of NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE and Releasees or otherwise.
18. Acknowledges, agrees that, l, the undersigned, either adult or parent/legal guardian of a minor, agree that all rights, property, and interest in any photograph or recording (audio, visual or audiovisual), broadcast by radio, television, motion pictures, home video productions or by any other means or media (including any transcriptions of any such broadcast) of any activities in connection with the event, as well as any and all receipts therefrom, belong to A-OK COLLECTIVE, LLC AND PUMA SE, for its exclusive and unlimited use. I further agree that NASH MOTORSPORTZ, LLC, A-OK COLLECTIVE, LLC AND PUMA SE or its assigns, on a nonexclusive basis, may use my name, image and likeness (including but not limited to photographs and recordings of my racing and riding equipment and other activities during the event) for any purpose and in any media including, but not limited to, television, motion pictures, advertising, trade, home video production or any lawful purpose, and waive any right to Inspect or proof the finished version. I also understand that A-OK COLLECTIVE, LLC AND PUMA SE may, from time to time, engage third parties, among other things, to promote the images of the activities in connection with the Event, and I agree to cooperate with A-OK COLLECTIVE, LLC AND PUMA SE and its third parties in such efforts,
IMPORTANT NOTE: YOU MUST FAMILIARIZE YOURSELF WITH THE OFF-ROAD VEHICLES AND THEIR DIFFICULTY PRIOR TO PARTICIPATING IN ANY EVENT!! PLEASE RESPECT OTHERS AND THE PROPERTY YOU ARE ON. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND LEGAL RIGHTS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREE AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND BY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL, IRREVOCABLE RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.THIS AGREEMENT SHALL APPLY TO THE USE OF THE MOTORIZED VEHICLES (ON OR OFF ROAD), PROPERTY AND FACILITIES BY ME ON THE DATE AS SET FORTH BELOW AND ON ANY FUTURE DATE. THIS AGREEMENT REFLECTS THE ENTIRE UNDERSTANDING OF THIS AGREEMENT AND THAT NO STATEMENTS, PROMISES OR INDUCEMENTS NOT CONTAINED HEREIN SHALL BE VALID OR BINDING. I WILLINGLY, VOLUNTARILY AND HAVING HAD AMPLE OPPORTUNITY TO RAISE ANY QUESTIONS OR CONCERNS THAT I MAY HAVE, ACKNOWLEDGE THAT I AM PARTICIPATING VOLUNTARILY WITH KNOWLEDGE THAT DANGERS ARE INVOLVED AND I AGREE TO ASSUME ALL THE RISKS AND THEREFORE SIGN THIS AGREEMENT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.