Streets and Streets LLC, d/b/a SKR Sim Racing Center (“SKR Sim Racing Center” or “SKR”) provides virtual motorsports entertainment and training through the use of race car simulators located at 307 Derstine Avenue, Suite 202, Lansdale, PA 19446 in Montgomery County, Pennsylvania (the “Premises”). The race car simulators (“Simulator” or “Simulators”), replicate the physical experience of driving performance race cars through an immersive experience that includes full-motion capabilities along with virtual races on more than one display screen and/or through virtual reality equipment. Simulator use can include sudden movement, both virtual and physical, including but not limited to tilting, bumps, twists, turning, and bright and/or flashing lights. Simulators should not be used by individuals with underlying medical conditions, such as pregnancy or a history of seizures, that could be triggered or impacted by the physical and virtual experiences involved. BY BEING PRESENT ON THE PREMISES, USING THE SIMULATORS, AND/OR PARTICIPATING IN ANY SKR OR SPONSORED EVENTS, I UNDERSTAND and AGREE, ON BEHALF OF MYSELF, MY MINOR CHILD, AND PERSONAL REPRESENTATIVES, THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Release”). 1. Acknowledgement of Risks. I understand and acknowledge that my use of the Simulators and related equipment may expose me to certain risks. Those risks include, but are not limited to, possible negative reactions such as feelings of nausea, dizziness, disorientation, and possible transmission of contagious conditions, the risk of injury resulting from improper use of the Simulator and related equipment, and possible malfunction of the equipment. a. I understand that the human response to simulations and Simulators (e.g., dizziness, nausea, seizures, fear of heights, bumping into objects, etc.) involves danger and risk. I understand the nature of the Simulators and therefore acknowledge my (or my minor child’s) experience and capabilities, assume the risk of and believe that I (or my minor child) am qualified to use the Simulators. b. I understand and acknowledge that participating in full-motion racing Simulators can involve abrupt seat movements, operation of electronic and hydraulic hardware, and gravitational forces similar to those in actual racing vehicles. Operating these Simulators, with or without other vehicles on the virtual track at the same time, involves danger and risk. c. I further understand that equipment, including but not limited to the Simulators, used at or on the Premises may break, fail or malfunction, despite reasonable maintenance and use. d. I further understand and acknowledge that since automotive and virtual motorsports simulation is a newer and developing technology, there may be unknown and non-obvious risks associated with these technological experiences. e. I, ON BEHALF OF MYSELF (OR MY MINOR CHILD), VOLUNTARILY AND WILLINGLY ASSUME ALL RISKS AND DANGERS ASSOCIATED WITH USING SIMULATORS AND RELATED EQUIPMENT, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, f. OMISSIONS, OR NEGLIGENCE OF SKR, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF SKR. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING TO USE THE SIMULATORS WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN AND USE OF THE SIMULATORS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SKR OR OTHERWISE. 2. Assumption of Responsibility. I understand and acknowledge that it is my responsibility to make sure that I (or my minor child) treat all the equipment at my (or their) disposal with the care necessary to ensure that any undue harm does not befall either myself (or my minor child) or the equipment. 3. Physical and Mental Limitations. I hereby confirm that I (or my minor child) am in good physical and mental health, my (or my minor child’s) eyesight (as corrected as appropriate) is up to the standard required for a road driving test and I (or my minor child) am not suffering from any other medical condition or disability which might make it unsafe for me to participate. I further state that I (or my minor child) am not participating against medical advice and that I (or my minor child) do not have any pre-existing condition, which might make it unsafe for me to participate. 4. Release of Liability. I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against SKR Sim Racing Center, and its officers, directors, managers, employees, agents, any members, successors, and assigns (collectively, the “Releasees”), on account of all injury, disability, death, or property damage arising out of or attributable to my participation and use of the Simulators, whether arising out of the negligence of SKR or any Releasees or otherwise. I covenant not to make or bring any such claim against SKR Sim Racing Center or any other Releasee and forever release and discharge SKR and all other Releasees from liability under such claims. 5. COVID-19 and other Communicable Diseases. I consider myself (or my minor child) in good health, am not contagious, and have not experienced symptoms or signs that indicate any form of illness, including, but not limited to, fever, cough, or shortness of breath. I have not been around those who have shown symptoms of illness or have recently been sick. I will take the necessary precautions as recommended by the Center for Disease Control (CDC) to prevent the spread of illness in order to maintain a safe, healthy environment. I understand and acknowledge that COVID-19 and any other viruses or diseases which may be spreading in the area at the time of my participation and use of the Simulators are public health risks, and SKR Sim Racing Center cannot guarantee my safety or immunity from infection. With full appreciation of these facts, I voluntarily agree to the use of the Simulators. In consideration for my participation, I knowingly and voluntarily assume all risks associated with my participation, including, but not limited to, the risk of illness, death, bodily injury, disability, or exposure or infection with COVID-19 or other viruses or diseases which may be spreading in the area at the time of my participation. 6. Photo Release. By entering the Premises, I, on behalf of myself and my minor children, grant SKR the irrevocable right and permission to photograph and/or record us while on the premises. I authorize the use of these photographs and/or recordings for any purpose, including but not limited to advertising, promotions, and other commercial uses, in any format or media, now or in the future, worldwide and in perpetuity, with no restrictions on modifications. I also waive any right to review or approve the use of these materials and acknowledge that this release is granted without any form of compensation. a. I further authorize the use of my name and telemetry data shown on the SKR website, YouTube, and any other such social media platforms, such as Instagram, Twitter, Facebook, and the like. I understand and agree that this information may be used for promotional, competitive, or entertainment purposes and that I waive any claims related to its use. 7. Damage to SKR Sim Racing Center Property. I agree to follow rules set forth by SKR Sim Racing Center and agree to pay for any damages incurred to its equipment through my non-compliance of those rules. 8. Indemnification. I shall defend, indemnify, and hold harmless SKR Sim Racing Center 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 its reasonable attorney fees, court fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against SKR or any other Releasees in a final, non-appealable judgment, arising out of or resulting from any claim of a third party related to my participation in and use of the Simulators, including any claims arising out of my own negligence or the negligence of SKR Sim Racing Center. 9. Agreement to Terms and Conditions. This Release constitutes the sole and entire agreement between SKR Sim Racing Center and I with respect to the subject matter contained herein set out 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 Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of SKR Sim Racing Center and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Montgomery County, Pennsylvania and I hereby consent to the exclusive jurisdiction of such courts. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SKR SIM RACING CENTER FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY USE OF THE SIMULATORS. I ACKNOWLEGE THAT I AM SIGNING THIS RELEASE FREELY AND VOLUNTARILY AND INTEND THAT MY SIGNATURE BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY AND WAIVER TO SKR SIM RACING CENTER RELEASEES. UNDERAGE AUTHORIZATION: I am the parent or legal guardian of the minor, aged 10 – 17 years old, named above. I have the legal right to consent to and, by signing below, I hereby do consent to their participation and use of the Simulators in addition to the terms and conditions of this Release and Liability Waiver. Date: June 17, 2026 |