ASSUMPTION OF RISKS: The TrakMark™ “Participant” understands that operating a SRV at or near the speeds at which it is capable on the Total Recall Raceway (“TRR”) presents inherent and inevitable risks that can never be completely eliminated. Factors beyond the control of TrakMark™ will affect the operational safety of the vehicles, tyres, and the TRR raceway under these conditions. Such factors include, but are not limited to: (a) the skill and experience of the CMDR; (b) the performance by or on behalf of TrakMark™ and/or the TRR of inspections, maintenance procedures, and repairs; (c) surface gravity, lighting, track conditions, terrain obstacles, UA bombing, alien invasions, etc; (d) the presence of other operating SRVs; (e) the presence of other CMDRs, (f) the health, physical and mental condition of the CMDR and the amount of alcohol and/or Onionhead ingested prior to racing and (g) the speed at which a SRV is driven and/or flown.
PARTICIPANT UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH ANY GOODS OR SERVICES OF TrakMark™ INCLUDING THE DRIVING EXPERIENCE, WHETHER DURING DRIVING AND/OR WHILE ON THE TRACK OR PREMISES OF THE TRR AND/OR TrakMark™. Participant further understands that a CMDR may lose control while operating the surface recon vehicle and he assumes and accepts all risks associated with this or any other risk.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE: Participant and his heirs, affiliates and representatives, past, present and future successors, assigns, members, partners, servants, agents, employees, spouses, partners, attorneys, insurers, executors, administrators, associates and any other related persons, corporations, firms or entities, whether known or unknown, hereby release and covenant not to sue TrakMark™ or its affiliated entities, its respective divisions, subsidiaries, affiliated and related companies, past, present and future predecessors, successors, assigns, officers, directors, shareholders, principal’s members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities whether known or unknown, for any and all damages, liabilities, causes of action, judgments and any and all claims arising under, arising out of, or related to Participant’s use and operation of the vehicle or participation in the driving experience, including but not limited to, claims or actions for personal injury, loss of consortium, death and property damage, whether now existing or arising in the future.
INDEMNITY. Participant further hereby agrees to indemnify and hold TrakMark™ , or its affiliated entities, its respective divisions, subsidiaries, affiliated and related companies, past, present and future predecessors, successors, assigns, officers, directors, shareholders, principals members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities whether known or unknown, as well as any joint tort-feasors, and their respective divisions, subsidiaries, affiliated and related companies past, present, and future predecessors, successors, assigns, officers, directors, shareholders, principals, members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities, whether known or unknown, harmless from any and all damages, liabilities, causes of action, judgments and any and all claims arising under, arising out of, or related to participant’s use and operation of the vehicle or participating in the driving experience, including but not limited to, claims or actions for personal injury, loss of consortium, death and property damage, whether now existing or arising in the future, as well as from any fees, expenses, or costs of any kind, including reasonable attorney’s fees, incurred in connection with any damages, liabilities, causes of action, judgments and claims brought, claimed or asserted at any time after the execution of this document on account of the participation in the driving experience.
ON THE SPEEDWAY RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Participant shall be required to sign a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“TRR Release and Waiver”) at the Total Recall Raceway prior to participating in any experience. In the event of conflict of terms between the TRR Release and Waiver and the language contained herein, the TRR Release and Waiver shall govern.
(Signed)
CMDR BACKER #-4112