RELEASE, WAIVER, AND INDEMNIFICATION
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
September 25, 2020
READ CAREFULLY! The following is a complete waiver and release of all liability, read carefully before signing. In consideration of being permitted to take part, officiate, observe, work for, or participate in any way in the Pro Drive, Inc., Test Day (referred hereafter collectively as the “Test Day”), I, Releasor, expressly for myself, my spouse, my heirs, personal representative, successors and assigns hereby acknowledges and agree:
TO RELEASE, WAIVE, FOREVER DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS PRO DRIVE, INC., an Oregon Corporation, its officers and members, the City of Portland and all officials of the City, Portland International Raceway, The Portland Rose Festival, the promoters, all sponsors, equipment supplies, advertisers, participants, track operator, track owner, officials, car owners, drivers, instructors, respective staff, officers, directors, shareholders, invitees, employees, agents and representatives or other persons, firms or corporations, whatsoever in interest with them, and each of them, here referred to as “Releasees”, from all liability, actions, claims, costs, expenses including attorney’s fees or demands if any and all kinds whatsoever to me, my spouse, heirs, personal representative, successors and assigns for any and all loss or damage, including without limitation, any claim or damages resulting there from, on account of injury to my person or property, even injury resulting in my death whether caused by the negligence of Releasees or otherwise while I am participating in the Test Day.
I expressly acknowledge that I realize the seriousness of the Test Day Application, the safety precautions necessitated by the Test Day, the nature of the activities therein involved and the risk of serious injury and/or death and/or property damages related thereto. I expressly state that I do not now have nor have I had in the past ten years any defect, physical or mental, which could in any way impair my driving or my driving ability. I declare that as a driver applicant, I possess the standard of competence necessary for a course of this type. I undertake to abide meticulously by each and every one of the Test Day rules and regulations, to perform the Test Day exactly as set forth and given to me by PRO DRIVE, INC., and acknowledge that in the event that I should deviate from said instructions, that I may at the discretion of the PRO DRIVE, INC., be removed from further participation in said activities and shall be held responsible for the payment of any and all damages whatsoever caused by my misconduct.
I agree to indemnify the Releasees and each of them from any loss, including without limitations, those in respect of death, injury, loss, damage or cost to any person or property of myself, and other driver, student, passenger, mechanic invitee, teacher, school, person, track, car or vehicle or otherwise they may incur due to the presence of myself in or upon Portland International Raceway and while participation in the Test Day whether caused by the negligence of the Releasees or otherwise, including negligent rescue operations.
I hereby assume full responsibility for the risk of bodily injury, death or property damage due to the negligence of Releasees or otherwise while in or upon Portland International Raceway and while, competing, officiating in, working for or for any purpose participating in the Test Day.
I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Oregon 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 expressly agree that in the event a party retains legal counsel based upon or to enforce any provisions of this agreement, the prevailing party shall be entitled to recover its attorney fees incurred whether or not suit of action is filed, including fees on appeal.
This release contains the entire agreement between the parties hereto and the terms of this release are contractual and not a mere recital. Releasor further states that he/she has carefully read the foregoing release and knows the contents thereof and signs this release as his/her own free act.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND THIS DOCUMENT AND TERMS, UNDERSTAND THAT I 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, AND KNOWING AND UNDERSTANDING IT TO BE A COMPLETE DISCLAIMER AND WAIVER IN FAVOR OF PRO DRIVE INC., AND OTHERS OF ANY AND ALL LIABILITY, I HEREBY VOLUNTARILY AFFIX MY SIGNATURE.