RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to compete, officiate, observe, work for, volunteer, camp, or participate in any way in the KXCR, LLC Race # 1 at Greensburg, Kentucky (“EVENT”) 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 including but not limited to the competition area and any hot pit area), THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin:
Acknowledges, agrees, and represents that he/she is participating in a recreational event in which the owner of private land and its licensee, KXCR, LLC, has opened it to the public for recreational purposes without charge for entry upon the land pursuant to KRS 411.190. As such, the owner and its licensee owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for such purposes. It is agreed that any fee that has been charged is for the right to participate in the race event, parking, and/or waste disposal.
Acknowledges, agrees, and represents that he/she has or will immediately upon entering any 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 believes anything to be unsafe or unsatisfactory in any way, he/she will immediately advise the officials of such and will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT. I acknowledge that I may not have the opportunity to inspect any RESTRICTED AREA prior to the event.
HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the owner, KXCR, LLC, the promoters, participants, racing associations, sanctioning or administrative organizations or any affiliated entities thereof, track operators, track owners, officials, vehicle owners, drivers, builders and designers, crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, equipment and parts manufactures and suppliers, advertisers, owners and lessees/licensees of premises used to conduct the EVENT, premises and event inspectors, surveyors, underwriters/brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT and for each of them, their directors, 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 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 ARISING OUT OF OR RELATED TO THE EVENT, WHICH INCLUDES, BUT IS NOT LIMITED TO, RACING, OBSERVING, MOTORIZED VEHICLES, HAZZARDS WITH THE GROUNDS, AND/OR PROJECTICLES WHETHER FROM THE RACE OR PLACES OF OBSERVATION; WHETHER CAUSED BY NEGLIGENCE OF ANY RELEASEES OR OTHERWISE.
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, FEES OR COSTS they may incur arising out of or related IN ANY MANNER TO MY ATTENDANCE AT OR PARTICIPATION IN THE EVENT, AND WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE.
HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT whether caused by the NEGLIGENCE OF ANY RELEASEES OR OTHERWISE.
HEREBY acknowledges that THE ACTIVITIES OF THE EVENTS ARE DANGEROUS and involve the risk of serious injury and/or death and/or property damage, WHETHER RACING OR JUST OBSERVING. THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES and/or due to the location of the EVENT and limited availability of emergency personnel, police officers, fire & rescue, EMT, and emergency responders.
HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to 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 Commonwealth of Kentucky in which the EVENT(S) 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.
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.