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PARKER’S RACEWAY – WAIVER AND RELEASE OF LIABLITY AGREEMENT FOR ENTRY INTO RESTRICTED AREAS

PARKER’S RACEWAY – WAIVER AND RELEASE OF LIABILITY AGREEMENT

FOR ENTRY INTO RESTRICTED AREAS

 

 

IN CONSIDERATION of Parker’s Raceway, Ltd. permitting me to enter for permitted purposes any restricted area at the motor raceway operated by Parker’s Raceway, Ltd. located at Breakers, Grand Cayman (“Parker’s Raceway”), (“Restricted Area” herein defined to be any area which requires special authorization, credentials, permission or a pit pass, to enter or any area to which admission by the general public or general paying spectators is restricted or prohibited), or being permitted to compete, officiate, observe, work for, whether as a mechanic, pit crew or observer, or for any purpose participate in drag racing, speed testing, performance testing, or other motor vehicle racing activity (the “Event”), I, for myself, and on behalf of my heirs, successors and assigns, and any legal and personal representatives, executors, administrators, do hereby agree to and do make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”).

 

  1. I warrant that I am of 18 years of age or older (if under 18 parent or guardian shall sign this Agreement below), and understand and acknowledge that entry into any Restricted Area at the Event, and attendance at a motorsports racetrack more generally, whether as a competing driver, spectator, observer, official, mechanic, or otherwise, involves and exposes me to risks and dangers including without limitation, the potential for serious bodily injury, disability, paralysis and death, loss of or damage to property, exposure to contact or collision with other participants, spectators, vehicles or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect course conditions, water, road and surface hazards, equipment failure, inadequate safety measures, participants of varying skill level, exposure to the gaseous and particulate products generated by combustion engines and rubber tires, situations beyond the immediate control of Parker’s Raceway, Ltd., and other harm or damage which may not be readily foreseeable (“Risks”).  I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expense which I may incur as a result of my participation in the Event.

 

  1. I agree to be familiar with and will abide by the rules and regulations established for the Event by Parker’s Raceway, Ltd. and as may be amended from time to time, including specifically Parker’s Raceway Drag Racing Rules, (the “Rules”) which form part of this Agreement and any other rules, or directions applicable to those permitted access to any Restricted Area, including any directions or instructions provided by staff and officials at Parker’s Raceway including the Race Director, Safety Director, Start Official, Technical Inspector and other staff, or as may be posted in writing at Parker’s Raceway.

 

  1. I also accept sole responsibility for my own conduct and actions while within any Restricted Area at the Event.

 

  1. I understand that the Event is subject to photography and/or audio-video recording by or on behalf of the Released Parties, and I agree and consent to the recording of my image and voice, whether in analog or digital form (the “Recordings”) and I authorize the Released Parties to edit, alter, copy, exhibit, publish, or distribute the Recordings including digitally by way of the internet, and by way of social or other electronic media, and without payment or other consideration to me, for the purpose of promotion of Parker’s Raceway, and I waive (i) any right to inspect or approve the finished product wherein my voice or image appears, (ii) any right to royalties or other compensation arising or related to the use of the Recordings, and I understand and agree that such Recordings will become the property of the relevant Released Parties, and cannot be returned, and further that when distributed including by way of digital media on-line, may not be recoverable from circulation in the public domain.

 

  1. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties:  Parker’s Raceway, Ltd., PTO Ltd., JRC Investments Ltd., their respective officers, directors and shareholders, and the organizers, promoters, sponsors, advertisers, volunteers, race track staff and officials of the Event, (individually and collectively the “Released Parties”), with respect to any liability, claims, demands, causes of action, damages, loss or expense, including legal costs and attorneys’ fees, of any kind or nature (“Liability”) which may arise out of, result from the Risks, the Recordings, or otherwise relate to my entry into any Restricted Area, or participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties.

 

  1. I further agree that I will not maintain any action or proceeding against any person, firm or corporation in which will or may arise a claim for contribution against any of the Released Parties. If, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as a result of such claim, including the legal costs and attorneys’ fees of the Released Parties on the indemnity basis.

 

  1. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement.  This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements, or inducements have been made apart from this Agreement.

 

  1. If any provision of this Agreement is held to be unlawful, void, for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

  1. This Agreement and any dispute or claim arising out of or in connection with it, is to be governed by and construed in accordance with the laws of the Cayman Islands, and subject to the exclusive jurisdiction of the Cayman Islands courts.