Release of Liability, Exculpatory and Assumption of
Risk Agreement, and Covenant Not to Sue
This Release of Liability, Exculpatory and Assumption of Risk Agreement, and Covenant Not to Sue is a legal document and is hereinafter referred to as “the Agreement”. The parties to this Agreement are myself, my heirs, my personal representatives and all others who may claim by or through me at any time including any representative(s) of my Estate is hereinafter referred to as “the Participant”. The other party to this Agreement is Appalachian Driving, located at 195 Railroad Street, Murphy, NC, 28906, hereinafter referred to as “the Owner”. I agree that my initials and signature, where indicated, is my acknowledgement and acceptance of all the contents and is my legally binding contract of this Agreement’s provisions. I WILL NOT SIGN OR INITIAL ANY PART OF THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ALL OF ITS’ CONTENTS.
I have willingly come to participate in driving and/or riding as a passenger in a sports car of my own free will and not due to any duress or coercion whatsoever by anyone else. I fully understand the purpose of this activity is solely for entertainment and no other reason. I understand that part of the required consideration for being allowed to drive and/or ride in a sports car is the execution and completion by myself of all the provisions of this Agreement.
AGREEMENT TO FOLLOW ALL INSTRUCTIONS
I understand that the Owner will provide a sports car to drive and or ride as a passenger and that I agree to follow all the instructions and rules given beforehand at the driver’s meeting. I agree to listen without any interruptions to all the instructions which include; how to operate the sports car, staying with the lead driver at all times (unless given permission by the Owner or lead driver), where the designated routes and stops will be, how all equipment such as keys and radios should be returned before leaving, following all the traffic laws, and what driving behaviors will not be tolerated. Because of the nature of this activity and for the safety of everyone participating, I understand that if I do not follow any of the instructions, I will not be allowed to drive the remainder of the day.
NATURE OF SPORT AND ASSUMPTION OF ALL ASSOCIATED RISKS
I hereby personally ASSUME ALL RISKS OF ANY NATURE FOR ANY INJURY, DEATH, OR DAMAGES to the person or property of myself, the Owners, other participants or people directly or indirectly involved in this specific activity which may in any way, whether foreseeable or not, arise out of my driving and/or riding in a sports car and all accompanying facilities and equipment including negligent acts or omissions. I KNOW AND FULLY APPRECIATE THAT DRIVING AND/OR RIDING IN A SPORTS CAR EXPOSES ME TO POSSIBLE RISK OF SERIOUS PERSONAL INJURY OR DEATH. I FULLY UNDERSTAND THESE DANGERS AND VOLUNTARILY ASSUME THESE RISKS.
RELEASE AND WAIVER OF ALL CLAIMS FOR NEGLIGENCE OR OTHERWISE
For valuable consideration including, but not limited to, the opportunity to participate in driving and/or riding in a sports car, I for myself, my heirs, representatives, assigns, successors, administrators and anyone else claiming by or through me HEREBY EXPRESSLY RELEASE, DISCHARGE, HOLD HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) – WHETHER FORESEEABLE OR NOT – ARISING FROM NEGLIGENCE, CARLESSNESS, STRICT LIABILITY, OR OTHERWISE which I may presently or at any time in the future possess against anyone associated with this event including but not limited to: the Owner, any employee, agent, representative, shareholder, officer, director, subsidiary, affiliate, parent company, successor, contractor or assignee of The Owner, any participants, car owners, drivers, driving instructors, any persons in any restricted areas, owners and leases of the premises used to conduct the event and each of them, their officers and employees (all of whom are hereinafter collectively referred to as the “RELEASED PARTIES”) that are involved in my driving and/or riding in a sports car with which the RELEASED PARTIES have any connection, or which may presently or in the future arise out of, or in any manner occur in connection with, my driving and/or riding in a sports car in association with the RELEASED PARTIES. This Release of Liability Waiver is meant to and shall apply to any and all claims, causes of actions, demands, or sums of money that I may have or be entitled to from any of the RELEASED PARTIES as a consequence of any type of damage (whether personal or property), loss, injury or death I, or my heirs, representatives or anyone claiming by or through me has or may in the future have as a consequence of my driving and/or riding in a sports car that in any way involves the RELEASED PARTIES, and regardless of whether the claim, cause of action or demand is grounded in negligence, tort, contract or any other legal bases for recovery other than intentional conduct specifically intended to injure me.
RELEASE AND WAIVER OF ALL CLAIMS FOR WILLFUL AND WANTON CONDUCT
In addition, I on behalf of myself, my heirs, representatives, assigns and any one making claim by or through me or my Estate at any time further EXPRESSLY RELEASE, DISCHARGE, HOLD HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES FOR WILLFUL AND WANTON CONDUCT that I or my representatives or heirs may have either now or in the future as a consequence of any loss, injuries, death or property damage arising out of, or connected in any way with my driving and/or riding in a sports car involving any or all of the RELEASED PARTIES.
COVENANT NOT TO SUE
I agree never to institute any lawsuit or action of law or otherwise against any of the RELEASED PARTIES, nor to initiate or assist in the prosecution of any claim or cause of action for damages or injury, that I, my heirs, assigns, representatives, successors or administrators may have either now or at any time in the future by reason of any loss or injury (including death) to my person or property arising from the activities contemplated by or in this Agreement.
DAMAGES IN THE EVENT OF A BREACH OF THIS AGREEMENT
In the event of a breach of this Agreement by me, my heirs, my Estate or anyone acting on my behalf or through me, I AGREE AND WARRANT THAT I WILL BE LIABLE TO PAY, AND WILL PAY, EACH OF THE RELEASED PARTIES THEIR ACTUAL ATTORNEY FEES, COURT COSTS, AND OTHER EXPENSES CAUSED BY SUCH BREACH and will otherwise make them whole for any and all sums of money they have to expend because of a breach of this Agreement, and that I will otherwise be liable as provided by law. I also agree and represent that if I, my heirs, representatives, or anyone acting for or on my behalf files or threatens to file suit against any of the RELEASED PARTIES for any claim that is or may be barred and/or relinquished by this Agreement, such shall constitute a material breach of this Agreement. Notwithstanding the foregoing remedies for such a breach, I agree and warrant that the existence of such remedies in favor of the RELEASED PARTIES in no way deprives them of their other rights under this Agreement or at law including their right to have any such suit or claim I or those acting through me may bring against them barred or dismissed based on the releases and waivers set forth in this Agreement.
NOTICE OF THE ENFORCEABILITY AND VALIDITY OF THIS AGREEMENT
I understand and agree that if I, or anyone on my behalf, initiates any suit or action at law against any of the RELEASED PARTIES for any loss or injury, no matter how minor or severe, to my person or property, that this document will be used in court. I ALSO UNDERSTAND THAT AGREEMENTS SUCH AS THIS HAVE BEEN UPHELD IN COURT BEFORE IN CONNECTION WITH INJURIES, LOSS AND DEATH ARISING OUT OF SPORTS CAR DRIVING AND RIDING ACTIVITIES.
COVENANT THAT THE EVENTS COVERED BY THIS AGREEMENT ARE NOT ULTRA-HAZARDOUS NOR DO THEY INVOLVE A PUBLIC SERVICE
I hereby affirm that, while dangerous and risky, the activities covered by this Agreement are not ultra-hazardous when all instructions and rules are followed properly. This is not an activity that should hold anyone strictly liable, nor is it an activity that serves the public good or is in the public’s interest. Rather, it is a recreational activity in which I fully understand and voluntarily participate in for my own enjoyment.
CONDITION OF PERSONAL HEALTH
I hereby state and represent that I am in good physical and mental health and able to withstand the inherent stresses involved in the activities contemplated in this Agreement. I further state and affirm that I am unaware of any health-related problems that may affect my ability to drive or participate in these activities stated in this Agreement. I HEREBY STATE AND AFFIRM THAT I WILL NOT USE ANY ALCOHOL, PRESCRIPTION DRUGS, CONTROLLED OR UNCONTROLLED SUBSTANCES, OR ANY OTHER DRUGS, THAT CAN IMPAIR MY PHYSICAL AND/OR MENTAL ABILITY TO OPERATE A VEHICLE, PRIOR TO OR DURING THE EVENTS CONTEMPLATED BY THIS AGREEMENT AT ANY TIME.
VALID DRIVERS LICENSE
I hereby state that I currently am in possession of a valid driver’s license to operate all equipment or facilities issued to me by the State of, License #without any suspensions or revocations of any reason. I affirm that if my privilege to use my driver’s license is suspended or revoked, I will inform the Owner immediately and I will no longer be eligible to participate in the driving activity with the Owner.
I agree that I WILL NOT DRIVE AND/OR RIDE IN THE SPORTS CAR unless I have no reservations about the drive and/or ride regardless of the extent of my training or the application of that training. I agree that if I feel at any time during the drive that I am no longer qualified or able to complete the drive for any reason, I will inform the Owner and the decision can be made whether to continue the drive. I AFFIRM AND AGREE THAT EACH AND EVERY TIME I RIDE IN OR DRIVE A SPORTS CAR, THE ACT OF DRIVING AND/OR RIDING IS THE SOLE AND CONCLUSIVE PROOF THAT MY ABILITY AND TRAINING WERE ADEQUATE FOR THE RISKS INVOLVED.
LEGAL AGE OF CONTRACT
I hereby state that I am of lawful age (25 YEARS OF AGE OR OLDER) and legally competent to execute this Agreement and further understand that the terms contained herein are contractual in nature, and not a mere recital and that I have executed this Agreement of my own free will.
NOTICE OF OPPORTUNITY TO CONSULT LEGAL COUNSEL
I understand that I am in no way obligated to sign this Agreement and further that I AM FREE TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL at my own expense PRIOR to signing this Agreement and that any advice, suggestions, or statements made by any of the RELEASED PARTIES are not binding upon them unless they are set forth in this Agreement.
CONTINUATION OF OBLIGATIONS
I hereby agree and acknowledge that all the terms and conditions of this Agreement shall continue in full force and effect during the time in which I participate either directly or indirectly in driving and/or riding in a sports car or while associated with any of the RELEASED PARTIES, and all the terms of this Agreement shall be binding upon my heirs, assigns, representatives, successors and administrators of my estate.
AGREEMENT TO BE INTERPRETED IN FAVOR OF THE RELEASED PARTIES
I understand that this Agreement applies to all phases of my involvement in driving and/or riding in a sports car involving the RELEASED PARTIES and it is my understanding that this document will be BROADLY CONSTRUED in favor of all the RELEASED PARTIES and AGAINST ME and that all ambiguities in it be resolved in favor of the RELEASED PARTIES.
VALIDITY/ENFORCEABILITY IN WHOLE AND IN PART
This is a legally binding contract. If a Court should decide that any clause or other portion of this contract is illegal or unenforceable, I agree that such a determination shall not affect the validity and enforceability of the remaining provisions hereof, all of which shall remain in full force and effect.
Date: November 26, 2020