RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
TNT Motorsports, Inc., 1502 Brown Road, Chester, South Carolina
29706
IN CONSIDERATION OF being permitted to enter for any
purpose, any RESTRICTED AREA (herein defined as including but not limited
to the racing surface, pit areas, infield, approach area, shut down area,
and all walkways, concessions and other areas appurtenant to any area where
any activity related to the event shall take place), or being permitted to
compete, officiate, observe, work for, or any purpose participate in any way
in the event. EACH OF THE UNDERSIGNED,
for himself, his personal representatives, heirs, and next of kin, acknowledges,
agrees and represents that he has, or will immediately upon entering any such
restricted areas, and will continuously thereafter, inspects such restricted
areas and all portions thereof which he enters and with which he comes in
contact, and he does further warrant that his entry upon such restricted area
or areas and his participation, if any, in the event constitutes an acknowledgement
that he has inspected such restricted area and he further agrees and warrants
that if, at any time, he is in or about restricted areas and he feels anything
to be unsafe, he will immediately advise the officials of such and will leave
the restricted area.
1) HEREBY RELEASES,
WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoter,
participants, racing association, sanctioning organization or any subdivision
thereof, track operator, track owner, officials car owners, drivers, pit crews,
any persons in any restricted area, promoters, sponsors, advertisers, owners
and lessess of premises used to conduct the event and each of them, their
officers and employees, all for the purposes herein referred to as “releasees”
from all liability to the undersigned, his personal representatives, assigns,
heirs, and next of kin for any and all loss or damage, and any claim or demands
therefore or account of injury to the person or property or resulting in death
of the undersigned, whether caused by the negligence of the releasees or otherwise
while the undersigned is in or upon the restricted area, and/or, competing,
officiating in, observing, working for, or for any purpose participating in
the event.
2)
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees
and each of them from any loss, liability, damage, or cost they may incur
due to the presence of the undersigned in or upon the restricted area or in
any way competing, officiating, observing, or working for, or for any purpose
participation in the event and whether caused by the negligence of the releasees
or otherwise.
3)
HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY
INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees
or otherwise while in or upon the restricted area and/or while competing,
officiating, observing, or working for or for any purpose participating in
the event.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities of the
event are very dangerous and involve the risk of serious injury and/or death
and/or property damage. EACH OF
THE UNDERSIGNED further expressly agrees that the foregoing release, waiver,
and indemnity agreement is intended to be as broad and inclusive as is permitted
by the law of the Province or State in which the event is 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.
THE UNDERSIGNED FURTHER UNDERSTANDS that track and weather
conditions can change at any time and understands that the level of risk may
change as the track is ridden or as the weather changes.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE
AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no
oral representations, statements or inducements apart from the foregoing written
agreement have been made.
Date_____________
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Name Sign Name
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Parent/Guardian Name
Signature of Parent/Guardian
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Print Witness Name Signature of Witness