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Lava Hot Go-Karts Express Waiver Form of Adult and Minor

8068 Blaser Hwy. -Lava Hot Springs Idaho 83246

Express Assumption of Risk. Complete Waiver and Agreement Not To Sue, And Indemnity Agreement.

READ THIS CAREFULLY! IT AFFECTS YOUR LEGAL RIGHTS!

ADULT WAIVER-EXPRESS ASSUMPTION OF RISK, COMPLETE WAIVER AND AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT.

In return for the right to use the Lava Hot Go Karts LLC, property, its facilities and services (the “Facilities”) of Lava Hot Go Karts affiliates (“OPERATOR”), the undersigned (“PARTICIPANT”), for themselves, their heirs, assigns and legal representatives, hereby expressly agrees: 

  1. TO ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OR PRESENCE UPON THE FACILITIES, including, without limitation, the risks of death, bodily injury, or property damage resulting from: collision between his or her vehicle and another vehicle, a person, object, or barrier; the kart driving or wedging under the barrier, going through the barrier, the barrier riding up the front of the kart due to additional impacts or acceleration, or the mechanics of the crash; the barrier landing on any part of the participant’s person or contact between the barrier and the participant’s upper or lower extremities or any part of the participant’s body, whether exposed inside or outside of the kart; skidding; overturning; sudden stops; braking or acceleration; fire; explosion; the unavailability of emergency medical care; or the negligence or deliberate acts of another person. 
  2. TO RELEASE OPERATOR, and all successors, assigns, subsidiaries, branches, operators, affiliates, officers, directors, employees, sellers, suppliers, manufacturers, agents, vendors, contractors, tenants, landlords, and sponsors from, and not to sue them on account of or in connection with, any claims, causes of action, injuries, damages, costs, or expenses arising out of PARTICIPANT’S use of or presence upon the facilities, including without limitation, those based on death, bodily injury, or property damage, whether or not caused by the negligence or other fault of OPERATOR, including strict product liability or any other liability without fault. 
  3. TO RELEASE OPERATOR, and other parties identified in paragraph 2 and owners of the facilities (“OWNERS”) of any and all responsibility to PARTICIPANT and agrees to indemnify and hold harmless OPERATOR and OWNERS against any and all damages or injuries arising out of the use of the facilities by any party, including other participants and the negligent acts of OPERATOR, PARTICIPANT, or other participants. 
  4. TO INDEMNIFY AND DEFEND OPERATOR, against and hold harmless from any and all claims, causes of action, damages, judgements, costs, or expenses, including attorney’s fees, which in any way arise from PARTICIPANT’S use or presence upon the facilities. 
  5. TO PAY for any and all damages to the facilities caused by PARTICIPANT, negligently, willfully, accidentally, or otherwise; and
  6. That by participating in the events or utilization of the facilities of the OPERATOR, I acknowledge that I fully understand the significant inherent dangers of driving and/or racing vehicles offered to PARTICIPANT and I further acknowledge that I will read and comply with the safety rules provided to me by Safety Video at facility of Lava Hot Go-Karts on Video monitor , written rules at facility and verbal rules from Employee's for driving such vehicles (and if I do not understand any point or part of the safety rules, I will advise OPERATOR and request further assistance so that I may fully understand them before using the facilities). I agree that I will not participate in any events or utilize the facilities if I am under the influence of drugs or alcohol, if I am pregnant, or if there is any other physical condition that may impair my ability to understand instructions or to participate without creating risk to others or myself. 

As a PARTICIPANT at the facility, I agree not to operate a kart or participate in a race while under the influence of an alcoholic beverage and I agree to hold OPERATOR harmless and release OPERATOR from any and all liability regarding any injuries sustained by my conduct or actions while at the facilities that arise from any consumption of alcohol beverage or other substance.

I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT BY MAKING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS. I DO SO FREELY KNOWINGLY, AND VOLUNTARILY. I FURTHER CERTIFY THAT I AM OF LAWFUL AGE, NOT PREGNANT, AND LEGALLY COMPETENT TO SIGN THIS AGREEMENT. I UNDERSTAND THAT THE TERMS WILL HEREIN ARE CONTRACTUAL AND NOT A MERE RECIAL. I HAVE SIGNED THIS AGREEMENT ON MY OWN FREE WILL AND IF I HAVE NAY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT, I IWLL CONSULT AN ATTORNEY BEFORE SIGNING IT. 

BY SIGNING THIS AGREEMENT, I AGREE THAT I HAVE READ THE ABOVE STATED, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY THOSE TERMS INCLUDING THE TERMS WHICH SIGNIFICANTLY LIMIT MY LEGAL RIGHT TO SUE. I UNDERSTAND AND ACKNOWLEDGE THAT GO-KART RACING CAN RESULT IN INJURY OR DEATH AS A RESULT OF COLLISIONS AND CONTACT WITH OTHER THINGS INCLUDING BUT NOT LIMITED TO, PERSONS, KARTS, BARRIERS, FIXED OBJECTS, AND THE GROUND.  

:::::::::PLEASE READ Below IF SIGNING AS GUARDIAN OF YOUR MINOR CHILD::::::::::

All Riders Under the Age of 18 Helmets Are Mandatory

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

MINOR WAIVER – EXPRESS ASSUMPTION OF RISK, COMPLETE WAIVER AND AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT. 

In return for the right to use the Lava Hot Go Karts LLC property, its facilities and services (the “facilities”) of Lava Hot Go Karts LLC or any owner or affiliated facilities (as well as any other persons or entity related thereto) and/or its subsidiaries and affiliates (“OPERATOR”), the undersigned (“PARTICIPANT”), for themselves, their heirs, assigns and legal representatives, hereby expressly agrees: 

  1. TO ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OR PRESENCE UPON THE FACILITIES, including, without limitation, the risks of death, bodily injury, or property damage resulting from: collision between his or her vehicle and another vehicle, a person, object, or barrier; the kart driving or wedging under the barrier, going through the barrier, the barrier riding up the front of the kart due to additional impacts or acceleration, or the mechanics of the crash; the barrier landing on any part of the participant’s person or contact between the barrier and the participant’s upper or lower extremities or any part of the participant’s body, whether exposed inside or outside of the kart; skidding; overturning; sudden stops; braking or acceleration; fire; explosion; the unavailability of emergency medical care; or the negligence or deliberate acts of another person. 
  2. TO RELEASE OPERATOR, and all successors, assigns, subsidiaries, branches, operators, franchises, affiliates, officers, directors, employees, sellers, suppliers, manufacturers, agents, vendors, contractors, tenants, landlords, and sponsors from, and not to sue them on account of or in connection with, any claims, causes of action, injuries, damages, costs, or expenses arising out of PARTICIPANT’S use of or presence upon the facilities, including without limitation, those based on death, bodily injury, or property damage, whether or not caused by the negligence or other fault of OPERATOR, including strict product liability or any other liability without fault. 
  3. TO RELEASE OPERATOR, and other parties identified in paragraph two and owners of the facilities (“OWNER’S”) of any and all responsibility to PARTICIPANT and agrees to indemnify and hold harmless OPERATOR and OWNERS against any and all damages or injuries arising out of the use of the facilities by any party, including other PARTICIPANTS, or any PARTICIPANT’S negligent acts. 
  4. TO INDEMNIFY OPERATOR, against and hold harmless from any and all claims, causes of action, damages, judgments, costs, or expenses, including attorney’s fees, which in any way arise from PARTICIPANT’S use or presence upon facilities. 
  5. TO PAY for any and all damages to the facilities caused by PARTICIPANT, negligently, willfully, accidentally, or otherwise; and 
  6. That by participating in the events or utilization of the facilities of the OPERATOR, I acknowledge that I fully understand the significant inherent dangers of driving and/or racing vehicles offered to PARTICIPANT and I further acknowledge that I will read and comply with the safety rules provided to me by viewing the safety Video at Lava Hot Go-karts as instructed, Read written rules at Facility and verbally by Employees of Lava Hot Go-Karts for driving such vehicles (and if I do not understand any point or part of the safety rules, I will advise OPERATOR and request further assistance so that I may fully understand them before using the facilities). I agree that I will not participate in any events or utilize the facilities if I am under the influence of drugs or alcohol, if I am pregnant, or if there is any other physical condition that may impair my ability to understand instructions or to participate without creating risks to others or myself. 

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF LAVA HOT GO KARTS LLC USES RESPONSIBLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CAN NOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM LAVA HOT GO KARTS LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND LAVA HOT GO KARTS LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Today's date: May 28, 2024


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Weight Range estimate please for Go-Kart weight Limits:
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Adults Only - Helmet Information
Helmets are recommended by Lava Hot Go-Karts *
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Weight Range estimate please for Go-Kart weight Limits:
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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