2019 INDIANAPOLIS MOTOR SPEEDWAY
PARENTAL/LEGAL GUARDIAN CONSENT, INDEMNIFICATION & LIABILITY RELEASE AGREEMENT FOR MULTIPLE MINORS
TO BE READ AND SIGNED BY PARENT/LEGAL GUARDIAN BEFORE MINOR CHILD IS PERMITTED ACCESS TO THE PREMISES OF THE INDIANAPOLIS MOTOR SPEEDWAY, INCLUDING CERTAIN RESTRICTED AREAS (collectively, the “Speedway”) and/or prior to participating in Restricted Activities or performing Special Services.
On behalf of Minor Child, I, as Parent/Legal Guardian request Indianapolis Motor Speedway, LLC (“IMS”) to provide Minor Child with credentials and/or access to premises of the Speedway in connection with the 2019 INDYCAR Grand Prix® and/or 2019 Indianapolis 500® Mile Race and/or 2019 NASCAR Weekend at the Brickyard® and/or Red Bull Air Race and/or Restricted Activity and/or Special Service as listed above, and/or to have the privilege of participation in Restricted Activities or Special Services that involve varying degrees of risk that I, on behalf of Minor Child, must assess and accept (each, an “Event”, and collectively, “Events”). In consideration for the granting of this request, I, the undersigned Parent/Legal Guardian, enter into and agree to the following conditions for myself, Minor Child, and Minor Child’s heirs, assigns, and personal representatives, including estate of Minor Child.
Certification. I CERTIFY that I am the Parent and/or Legal Guardian of Minor Child.
Term. I AGREE that the privileges extended to Minor Child WILL EXPIRE UPON THE CONCLUSION OF THE APPLICABLE EVENT.
Assumption of Risk. I UNDERSTAND that Minor Child’s presence at the Speedway and Minor Child’s participation in the Event(s) can expose Minor Child to dangers both from known risk and unanticipated risk. I willingly and voluntarily assume these risks, including the risk of negligent conduct. I also recognize that Minor Child’s injuries and/or damages may be caused, increased, or compounded by negligent rescue operation or procedures. I agree that the only way to avoid the risk of presence and/or participation is not to allow Minor Child to gain access or participate. I understand that once Minor Child’s access or participation begins, the risk can no longer be avoided. I understand that Minor Child’s injury or death, as a result of Minor Child’s access or participation, affects Minor Child’s dependents and loved ones. I have discussed this risk with Minor Child’s dependents and loved ones as I believe appropriate, and have explained to them as I feel necessary my agreement to release fellow Event Participants, IMS, and all others involved in the Event, including a release from their own negligence (see Release below). I represent that they understand and support the decision to enter into this Agreement.
Release, Covenant, and Waiver. I, on behalf of myself, Minor Child and any and all parties that may make a claim related to Minor Child’s access or participation, hereby release, waive, discharge, and covenant not to sue IMS, INDYCAR, LLC (“INDYCAR”), Hulman Motorsports Properties, LLC, Hulman Motorsports Corporation, Indianapolis Motor Speedway Foundation, Inc., Motorsports Safety Technology, LLC (“MST”), Automobile Competition Committee for the United States (“ACCUS”), United States Auto Club, Inc. (“USAC”), Andersen Promotions, LLC, Parella Racing LLC, d/b/a Sportscar Vintage Racing Association (“SVRA”), National Association for Stock Car Auto Racing, Inc. (“NASCAR”), Red Bull Air Race GmbH, and/or Event Participants and their officers, directors, members, shareholders, owners, successors, assigns, agents, employees, representatives, and affiliates (collectively, “Released Parties”) from any and all claims or liability arising out of personal injury or property damage suffered, including, but not limited to, any claim arising out of any condition on the premises of the Speedway or the conduct of any person in connection with the preparation for, supervision of, or conduct of any Event. I am specifically releasing the Released Parties, individually and collectively, for their negligence in any form. In signing this release, I FULLY RECOGNIZE THAT IF MINOR CHILD SUFFERS PERSONAL INJURY OR DEATH AND/OR PROPERTY IS DAMAGED WHILE ON THE PREMISES OF THE SPEEDWAY OR IN REGARD TO THE EVENT, I, ON BEHALF OF MINOR CHILD WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST THE RELEASED PARTIES EVEN IF THEY OR ANY OF THEM CAUSED MINOR CHILD’S INJURY OR DAMAGE BY THEIR NEGLIGENCE. The term “Event Participants” shall include any person or entity along with their officers, directors, members, shareholders, owners, successors, assigns, agents, employees, representatives, and affiliates that are in any way associated or connected with the race facility, an Event, or other activity including but not limited to track owners, race promoters, racing associations, sanctioning and/or governing organizations, officials, track workers, volunteers, entrants, car owners, plane owners, drivers, pilots, pit/flight crew members, aircraft mechanics, safety crew members, medical personnel, sponsors, manufacturers, suppliers, designers, advertisers, inspectors, construction contractors, engineers, architects, insurers, and all persons in a restricted area and/or participating in restricted activities.
Indemnity. I AGREE to indemnify and hold harmless the Released Parties as to all lawsuits, claims, damages, costs, and attorneys’ fees, including claims as to Released Parties’ sole or contributory negligence, which arise out of Minor Child’s presence on the premises of the Speedway, Minor Child’s involvement in an Event, and/or Minor Child’s violation, including Minor Child’s representative’s violation, of any provision of this Agreement. I, on behalf of Minor Child recognize that this indemnity applies to the unauthorized transfer or attempted transfer of this privilege as to access and/or activity participation. As I, on behalf of Minor Child am releasing any claim the Minor Child’s family, guardian, and/or representatives, including Minor Child’s estate, might wish to make by reason of Minor Child’s injury or death, this indemnity obligation shall specifically apply to such actions on Minor Child’s behalf and/or any such actions resulting from Minor Child’s injury or death.
Commercial Rights. I UNDERSTAND AND AGREE that IMS and its successors and assigns, shall have and own, in connection with any Events held on the premises of the Speedway, the sole and exclusive right to commercially exploit such Events including all rights to all photographs, video reproductions, audio reproductions, films or motions pictures, radio or television broadcasts, and other reproductions or depictions of any such Events or any portion thereof, including without limitation descriptions, pictures, likenesses, images, name, and sound of Minor Child alone or with others, through any and all media whether known or hereafter discovered. I hereby grant to IMS and its successors and assigns a non-exclusive, perpetual license to use, and I irrevocably consent to the use of, Minor Child’s rights of publicity for the purpose of promoting an Event and for the purpose of any other exploitation of the rights set forth above. I understand that I have no right to sell, transfer, or assign any of IMS’s commercial rights to any person or entity.
Governing Law and Jurisdiction. I AGREE that this Agreement is governed by Indiana law. The exclusive jurisdiction as to any action that involves the Agreement, including interpretation or application of the Release, Covenant and Waiver, and Indemnity, shall be a federal or state court residing in Marion County, Indiana.
Non-Transferability and Revocation. I AGREE that the privileges extended to Minor Child WILL NOT BE TRANSFERRED TO ANOTHER AND CAN BE REVOKED at any time and for any reason which IMS determines in its sole discretion to be desirable, including, but not limited to, improper attire, misconduct, or misuse of any privilege. I UNDERSTAND that false information given to obtain credentials or misuse of assigned credentials (transferring, duplication, etc.) will result in revocation of all credentials. The issuance of current and future credentials shall be at IMS’s sole discretion.
READ! YOUR AND THE MINOR CHILD’S LEGAL RIGHTS ARE AFFECTED.
READ! THIS IS A LEGALLY BINDING DOCUMENT.
BY SIGNING BELOW, I certify that I carefully read and understand all of the provisions of the Agreement in English, consent to all such terms and voluntarily sign this Agreement: