Waiver and Consent
ATHLETES, PARTICIPANTS, VOLUNTEERS, GUESTS, SPONSORS, WORKERS AND SPECTATORS MUST COMPLETE AND SIGN THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”).
In consideration of being permitted to participate, attend, volunteer, sponsor, enjoy or work as passenger or driver (hereinafter “Participant”) on one or more consecutive dates at a XRacing, LLC and their affiliates dba Dream Racing (hereinafter “DR”) activity,(hereinafter referred to as “Activity”) with Vehicles provided by Dream Racing to be held within thirty (30) days of March 21, 2023 , which is the date of signing of the herein Waiver and Consent, at the Circuit of Las Vegas Motor Speedway, 7000 Las Vegas Blvd. N., Las Vegas, NV, 89115 (hereinafter “Place”) I, of legal age, my personal representatives, assigned heirs and next of kin hereby declare and agree as follows:
I ACKNOWLEDGE, agree, and represent that either on behalf of myself, or as guardian for the minor Participant:
a. I understand the nature of the Activity and that I am over 18 years of age, qualified, in good health and in proper physical condition to participate in or observe such Activity.
b. I affirm that I have no pre-existing medical or physical condition incompatible with my participation.
c. I further agree and warrant that if at any time I believe conditions to be unsafe for myself, I will immediately discontinue further participation in the Activity.
d. I understand that motor sports, including the use of high-performance road vehicles on a race track is an inherently dangerous activity, and accept any and all injuries I may sustain as I participate, attend, volunteer, sponsor, enjoy or work at this Activity.
e. I understand that, as a participant I may have access to drive a high performance street car and/or race car. As such, I undertake upon myself to fully indemnify DR and Pirelli Tire LLC, its parent companies, subsidiaries, affiliated companies and their respective officers,
directors, employees, agents and/or representatives (together with its affiliates, successors, licensees and assigns, “PIRELLI”), and should the car I am driving be owned or manufactured by Automobili Lamborghini S.p.A and Automobili Lamborghini America, LLC or any of their
affiliates, (collectively “Lamborghini”) or Toyota Motor Sales, U.S.A., Inc. or any of their affiliates, (collectively “Toyota”) to the greatest extent allowed by law for any and all damages, regardless of nature and/or cause, that I may willfully or recklessly contribute to.
ASSUMPTION OF RISK
2. I FULLY UNDERSTAND that:
a. ATHLETIC ACTIVITIES, INCLUDING CAR RACING AND HIGH PERFORMANCE DRIVING, INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH (hereinafter referred to collectively as “Risks”)
b. My participation in the Activity is inherently dangerous and the Risks and dangers may be caused by many factors, including, but not limited to::
i. My own actions or inactions; and/or
ii. The actions or inaction of other Participants or otherwise attending the Activity; and/or
iii. The condition in which the Activity takes place; and/or
iv. Tires used on the vehicle. I AM AWARE THAT PIRELLI MAY BE THE TIRE PROVIDER, AND IF SO, I KNOW AND AFFIRM THAT PIRELLI MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY OF WORKMANSHIP, MATERIALS OR DESIGN OF ITS TIRES FOR RACING AND TESTING PURPOSES, AND THAT PIRELLI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Tires provided may be used on vehicles at DR’s facility, and/or DR’s cars which cars may be used for racing and testing purposes and for use at the speeds at which the cars will be driven and for other maneuvers which will be necessary when driving the cars in eventsand during testing; and/or
v. THE NEGLIGENCE OF PIRELLI, Lamborghini, Toyota and/or DR, and all related, affiliated and subsidiary companies of the same, as well as the officers, directors, agents, employees and assigns of each, coaches, officials, administrators, members, volunteers, participants, sponsors, advertisers, and the owners and lessors of premises on which the Activity takes place, and any other party indemnified and held harmless by DR pursuant to a third-party agreement (hereinafter collectively referred to as “RELEASEES”).
vi. THE NEGLIGENCE of the car manufacturer, tire manufacturer, tire supplier, and track owner(s
c.There may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
d. Of free will I FULLY ACCEPT AND ASSUME ALL THE RISKS from participating in or observing the Activity.
SAFETY EQUIPMENT AND INSTRUCTIONS
3. I AGREE TO:
- Use all safety equipment required for participation as a driver or passenger in all drives and or test rides;
- To require, when acting in the capacity as a driver, all passengers, if any, to use all safety equipment necessary for participation in a test ride;
- Be fully bound by all instructions, rules, regulations, and requirements of DR, Lamborghini, Toyota, Pirelli or any other company involved, along with the Circuit Las Vegas Motor Sports Speedway where the drives and rides will be conducted
- Accept full responsibility and complete liability for the consequences of my failure to abide by the instructions, rules, regulations, and requirements governing the drives and rides;
- Consent to any and all modifications, suspension or termination of the Activity or any feature of the Activity by DR or any other corporate entity involved in the Activity, or the Circuit Las Vegas Motor Sports Speedway, including the modification, suspension or termination of a drive or ride prior to and during the Activity or at any time during any drive or ride.
4. I SHALL NOT PERMIT any child to participate as a test driver or passenger in any test drive or test ride vehicle in which I am a test driver or passenger in the Event nor shall I permit any other person to transport a child within my custody or control, or to allow said child to be transported in any test vehicle. I understand that children include any child who, by State or Federal law, must be transported in a child restraint system.
RELEASE OF LIABILITY
5. I COVENANT TO NOT SUE, AND I RELEASE AND DISCHARGE THE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, NEGLIGENT SECURITY, TRAVEL, AND RECREATIONAL OPERATIONS AND ACTIVITIES. I AND MY PERSONAL REPRESENTATIVE, HEIRS, BENEFICIARIES, AND ASSIGNS HEREBY DISCHARGE AND RELEASE DREAM RACING, PIRELLI AND AUTOMOBILI LAMBORGHINI S.P.A., AUTOMOBILI LAMBORGHINI AMERICA, LLC, VOLKSWAGEN AG, AUDI AG, AND VOLKSWAGEN GROUP OF AMERICA, INC., AND TOYOTA MOTOR SALES, U.S.A., INC., AND ALL THEIR DIVISIONS, SUBSIDIARIES, AND AFFILIATED COMPANIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS (HEREINAFTER THE “RELEASEES”), FROM ANY AND ALL LIABILITY, DIRECT OR INDIRECT, FOR ANY AND ALL DAMAGES, COSTS, AND LEGAL EXPENSES FOR ANY AND ALL LAWSUITS, CLAIMS AND DEMANDS FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF THE EVENT(INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, DAMAGES DERIVING FROM AND/ OR IN CONNECTION WITH ANY DRIVE OR RIDE, THE CONDITION OF ANY DRIVE OR RIDE VEHICLES, THE CONDITION OF THE TRACK ON WHICH THE DRIVE OR RIDE TAKES PLACE, MY PRESENCE ON THE PREMISES OF THE CIRCUIT, AND THE EQUIPMENT, TOOLS AND SERVICES PROVIDED AT THE TRACK) TO MY PERSON AND PROPERTY, AND TO ANY AND ALL THIRD PERSONS AND THEIR PROPERTY, INCLUDING ANY PERSON RIDING AS A PASSENGER IN THE CAR I AM DRIVING IN MY CAPACITY AS A DRIVER AND THE PROPERTY OF SUCH PASSENGER, OR MYSELF IN MY CAPACITY AS A PASSENGER IN THE CAR THAT ANOTHER PERSON IS DRIVING.
6. I AGREE that if, despite this AGREEMENT, I, or anyone on my behalf or on behalf of my estate, makes a claim against any of the RELEASEES, I or my estate SHALL INDEMNIFY, SAVE, ANTICIPATE ALL LITIGATION COSTS FOR AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expense, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
As it relates or the purposes of arts. 1341 and 1342 of the Italian Civil Code, the undersigned hereby expressly approves the clauses relating to: assumption of risk; reléase,discharge and waiver of all liability; undertaking to indemnify, defend and hold harmless; and consents to Lamborghini, should they be a party to any litigation, electing that the clauses as it relates to them be construed in accordance with Italian law, and that any and all actions against them shall be brought in Italy.
DRUG AND ALCOHOL TESTING
7. I acknowledge, agree, and represent that I understand the nature of the activity and that I am qualified, in good health and in proper physical and psychological condition to participate in or observe such activity. I further agree and warrant that if at any time I believe conditions to be unsafe for myself, I will immediately discontinue further participation in the activity. I understand that motor sports, including the use of high performance road vehicles on a race track is an inherently dangerous activity, and accept any and all injuries I may sustain. I represent that I am not under the influence of any medication, drugs or alcohol, and that I shall indemnify, defend and hold the Releasees harmless from any and all damages, costs and legal expenses arising from any physical or psychological conditions that could occur during the Activity, including any test drive or test ride;
8. I understand that in consideration of the acceptance of this entry, I agree to any test method deemed necessary by DR for the detection of drugs and alcohol, and that the results of said testing method which DR or its sponsors use to detect the presence of alcohol and/or drugs may be released to any third party(ies) and I generally and specifically waive any right to privacy if any, related thereto.
a. Specifically, I hereby waive and release, intending to be legally bound for myself, my estate, my executors, administrators, and heirs, all rights and claims for damages I may have against RELEASEES as a result of testing positive for the utilization of alcohol and/or drugs prior to participating in the Activity.
b. Moreover, by participating in the Activity, I give my consent to undergo the testing procedures and, if any such results test positive, I understand that I shall be disqualified from the pertinent Activity.
c. I understand that the fact that I am not tested does not imply consent has been given to drive under the influence of alcohol, drugs or any other mind-altering or physical impeding substance.
9. I ACKNOWLEDGE AND CONSENT to the terms of any and all insurance policies applicable to the Activity and test vehicles (which are hereby made available to me for review upon reasonable request). I agree to undertake to comply with any and all terms and conditions of the aforementioned insurance policies;
CHOICE OF LAW AND CHOICE OF FORUM
10. I AGREE THAT this AGREEMENT shall be governed by and construed in accordance with Nevada law, and any and all actions shall be brought in Las Vegas, NV.
11. I AGREE THAT:
a. Any dispute or difference of any kind whatsoever arising out of, relating to or in connection with this AGREEMENT, whether in contract, tort, statutory, or otherwise, including any questions as to the existence, scope, validity, breach or termination of this AGREEMENT in its entirety or part, shall be finally settled by binding arbitration, conducted pursuant to the American Arbitration Association (AAA) rules by a single person panel.
b. Arbitration shall be held in Las Vegas, NV;
c. Arbitrators shall apply law indicated in the “Choice of Law” provision of the present AGREEMENT.
d. Costs of arbitration shall be equally divided among the parties.
e. This provision shall be binding upon the signing party as well as their executors, estate, and next of kin.
f. ARBITRATION INVOLVES THE WAIVER OF THE RIGHT TO A JURY TRIAL. BY EXECUTING THE PRESENT AGREEMENT ALL PARTIES AGREE TO BE BOUND BY THE PROVISIONS OF THE PRESENT SECTION, AND AGREE TO WAIVE THEIR RIGHT TO A TRIAL IN A COURT OF LAW.
NO WAIVER OF TERMS
12. I AGREE THAT any party’s waiver of any breach or failure to enforce any of the terms and conditions of this AGREEMENT at any time shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance with every term and condition hereof.
NO ORAL MODIFICATION
13. I AGREE THAT this AGREEMENT constitutes the complete, final and exclusive agreement among the parties hereto and supersedes and cancels any and all prior communications and agreements between the parties with respect to the subject matter hereof.
14. I FURTHER AGREE THAT the present AGREEMENT excludes future modification except by signed writing, and that this AGREEMENT may not otherwise be modified.
SEVERABILITY, INDEPENDENCE AND INTERPRETATION OF THE CLAUSES
15. I AGREE AND UNDERSTAND THAT:
a. The provisions and terms of the present AGREEMENT shall be deemed independent and severable, and that a determination of invalidity or partial invalidity or unenforceability of any one provision or portion hereof by a court or arbitration tribunal of competent jurisdiction shall not affect the validity or enforceability of any other provision herein.
b. The provisions of this AGREEMENT shall be liberally construed to effectuate its purpose of releasing from liability, indemnifying and protecting the RELEASEES.
c. The Article headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
d.That, as used in this AGREEMENT, the term “including” shall be construed and understood, unless otherwise indicated, to mean “including, without limitation” or “including, not limited to.”
USE OF LIKENESS
16. By signing here below I hereby grant DR, PIRELLI and/or the holder of the Activity permission to record my voice and likeness, and photograph me in conjunction with the Event. I understand and agree that the term “photograph” as used herein encompasses both still photographs and video recordings. I further grant DR, PIRELLI and the holder of the Activity full unrestricted rights to the use of my photograph, voice, and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
BY SIGNING HERE BELOW I INDICATE THE FOLLOWING: (i) THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ALL OF ITS TERMS; (ii) I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT; (iii) THAT I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE BY ANYONE; (iv) THAT I AM OF CLEAR AND SOUND MIND, AND NOT UNDER THE EFFECT OF ANY MIND-ALTERING DRUG OR SUBSTANCE; (v) THAT I HAVE NO PHYSICAL IMPEDIMENT TO PARTICIPATING; (vi) THAT I HAVE NO PREEXISTING CONDITION THAT DRAWS INTO QUESTION MY ABILITY TO BE A PARTICIPANT, (vii) THAT I INTEND THIS AGREEMENT TO BE, AS TOWARDS THE RELEASEES, A COMPLETE AND UNCONDITIONAL RELEASE OF ANY AND ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW; AND (viii) I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOT WITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
I Agree Date: March 21, 2023
DO NOT SIGN UNLESS YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL THE CONDITIONS ABOVE