Release of Liability and Waiver of Claims – Lapping Track Day Activities BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ THE FOLLOWING CAREFULLY. In consideration of 16550843 Canada Inc. o/a Supercar Experiences, a duly incorporated Canada corporation (the “Company”) permitting the individual named below (“I” or “me”) to participate in a Lapping Track Day experience (the “Lapping Track Day Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). Assumption of Risks I am aware and understand that the Lapping Track Day activities involve many risks, dangers and hazards, including but not limited to the risk of serious injury, death or property damage. I acknowledge that I am voluntarily participating in the Lapping Track Day Activities. I freely accept and fully assume any and all of the risks, dangers and hazards involved and the possibility of injury, death or property damage, whether caused by the negligence of the Company or otherwise. I understand that I am responsible for any and all damages caused to the vehicle(s) during the Lapping Track Day Activities due to my negligence or failure to follow instructions. This includes but is not limited to reckless driving, or any other behaviour deemed unsafe by the Company. I also understand that I must respect the rules of the Lapping Track Day and must not engage in any behaviour that may cause harm to myself or others. I also understand that the Company and/or Lapping Track Day venue reserves the right to terminate my participation in the Lapping Track Day Activities at any time, without refund, if I fail to follow instructions from the Company or engage in any behaviour deemed dangerous to myself, others, or the vehicles. Waiver & Release I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Lapping Track Day Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. Indemnification I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Lapping Track Day Activities. Entire Agreement This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or enforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
|