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WAIVER OF LIABILITY
AGREEMENT NOT TO SUE AND INDEMNITY AGREEMENT
IN CONSIDERATION OF: My ability to participate in the motorsport activities, Axe throwing, archery range, escape rooms, and any affiliated activities and events operated and hosted by Carson Raceway LLC. 3777 N Carson Street Carson City, NV including, without limitation, driving, throwing, riding, racing, training, learning, practicing, competing, maintaining karts, observing and spectating, or for any other purpose (hereinafter collectively “EVENTS”) and/or IN CONSIDERATION OF my ability to enter or upon the premises, locations, and facilities where said EVENS are or will be taking place, I, on behalf of myself and my minor child;, and on behalf of my personal legal representatives, assigns, heirs, and next of kin (hereinafter collectively “THE UNDERSIGNED”) hereby:
WAIVER AND RELEASE. RELEASE, WAIVE AND DISCHARGE
Carson Raceway LLC, its owners, shareholders, officers, directors, employees, operators, organizers, sponsors, host of the EVENTS, officials, lessors, inspectors, insurers, underwriters, consultants, investors, volunteers, independent contractors, agents and legal representatives ( hereinafter collectively “THE RELEASES”) from any and all liability to THE UNDERSIGNED on account of, arising out of, or in connection with any and all injuries, losses or damages, and any claims or demands for any injuries, losses, or damages, to the person or property of THE UNDERSIGNED or resulting in the of THE UNDERSIGNED , whether or not caused by the active negligence or fault, passive negligence or fault, or sole negligence or fault of THE RELEASES, while THE UNDERSIGNED is on the property, using the property, facilities and services thereon, or participating in any way in any of the EVENTS thereon:
COVENANT NOT TO SUE: AGREE NOT TO SUE THE RELEASES: on account of, arising out of or in connection with any and all injuries, losses or damages to the person or property of THE UNDERSIGNED, or resulting in death of THE UNDERSIGNED, whether or not caused by the active negligence or fault, passive negligence or fault, or sole negligence or fault of THE
RELEASES , while THE UNDERSIGNED is on the property, using the property, facilities and services thereon, or participating in any way of the EVENTS thereon:
3) INDEMNITY AND HOLD HARMLESS: AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASES, from any loss, liability, damage or cost they incur ( including attorneys’ fees and court costs), or any claim or lawsuit filed against them, on account of, arising out of, or in connection with the presence of THE UNDERSIGNED on the property, or THE UNDERSIGNED’s use of the property or of the facilities and services thereon, or THE UNDERSIGNED’s participation in any way of THE EVENTS thereon, whether or not caused by the active negligence or fault, passive negligence or fault, or sole negligence or fault of THE RELEASES: THE UNDERSIGNED also agrees to pay RELEASES for any and all damage to the property, facilities and equipment caused by THE UNDERSIGNED;
4) EXPRESS ASSUMPTION OF THE RISK. ASSUME ANY AND ALL RISKS of injury, death, loss or damage to the person or the property of THE UNDERSIGNED, whether or not caused by the active negligence or fault, passive negligence or fault, or sole negligence or fault of THE RELEASES, while THE UNDERSIGNED is on the property, using the property, facilities and services thereon, or participating in any way in any of the EVENTS thereon;
5) VOLUNTARY PARTICIPATION AND INFORMED CONSENT. Acknowledge that there are inherent dangers related to the EVENTS. I agree that I will not participate in any events or utilize the facilities if I am under the influence of drugs or alcohol, if I am pregnant, or if there is any other physical condition that may impair my ability to understand instructions or to participate without creating risk to others or myself. THE UNDERSIGNED acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. It is THE UNDERSIGNED’s responsibility to: (1) fully disclose any health issues or medications that are relevant to the participation in the EVENTS: (2) inform Carson Raceway, or its employees if there are any activities or aspects of the EVENTS about which THE UNDERSIGNED does not feel comfortable; (3) cease participation and promptly report to Carson Raceway, or its employees any unusual feelings or physical discomfort; (4) clear his or her participation with his or her physician. THE UNDERSIGNED bears responsibility to obtain, review, and follow all rules and regulations and instructions associated with the EVENTS.
6) This agreement is intended to be as broad and inclusive as is permitted by law, and it is intended to be fully severable. If any portion of this Agreement is held invalid, it is agreed that the balance of the Agreement shall continue in full legal force and effect. That shall include modifying the agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This agreement is to be interpreted and enforced under the laws of the State of Nevada.
I HAVE READ THIS AGREEMENT FULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, and I intend my signature to be a complete, continuing and uncontrolled release of all liability to the greatest extent allowed by law.
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