RELEASE, WAIVER, AND INDEMNIFICATION
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT December 2, 2024 READ CAREFULLY! The following is a complete waiver and release of all liability, read carefully before signing. In consideration of being permitted to take part, officiate, observe, work for, or participate in any way in the Pro Drive, Inc., High Performance Driving Course, High Performance Lapping or Street Car Track Day (referred hereafter collectively as the School), I, Releasor, expressly for myself, my spouse, my heirs, personal representative, successors and assigns hereby acknowledges and agree: a) TO RELEASE, WAIVE, FOREVER DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS PRO DRIVE, INC., and Oregon Corporation, its officers and members, the City of Portland and all officials of the City, Portland International Raceway, The Portland Rose Festival, the promoters, all sponsors, equipment supplies, advertisers, participants, track operator, track owner, officials, car owners, drivers, instructors, respective staff, officers, directors, shareholders, invitees, employees, agents and representative or other persons, firms or corporations, whatsoever in interest with them, and each of them, here referred to as my spouse, heirs, personal representative, successors and assigns for any and all loss or damage, including without limitation, any claim or damages resulting there from, on account of injury to my person or property, even injury resulting in my death whether caused by the negligence of Releasees or otherwise while I am participating in the School. I expressly acknowledge that I realize the seriousness of the School application, the safety precautions necessitated by the School, the nature of the activities therein involved and the risk of serious injury and/or death and/or property damages related thereto. I expressly state that I do not now have nor have I had in the past ten years any defect, physical or mental, which could in any way impair my driving or my driving ability. I declare that as a driver applicant, I possess the standard of competence necessary for a course of this type. I undertake to abide meticulously by each and every one of the School rules and regulations, to perform the School exactly as set forth and given to me by PRO DRIVE, INC., and acknowledge that in the event that I should deviate from said instructions, that I may at the discretion of the PRO DRIVE, INC., be removed from further participation in said activities and shall be held responsible for the payment of any and all damages whatsoever caused by my misconduct. b) I agree to indemnify and save and hold harmless the Releasees and each of them from any loss, including without limitations, those in respect of death, injury, loss, damage or cost to any person or property of myself, and other driver, student, passenger, mechanic, invitee, teacher, school, person, track, car or vehicle or otherwise they may incur due to the presence of myself in or upon Portland International Raceway and while participation in the School whether caused by the negligence of the Releasees or otherwise, including negligent rescue operations. c) I hereby assume full responsibility for the risk of bodily injury, death or property damage due to the negligence of Releasees or otherwise while in or upon Portland International Raceway and while, competing, officiating in, working for or for any purpose participating in the School. d) I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Oregon and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. e) I expressly agree that in the event a party retains legal counsel based upon or to enforce any provisions of this agreement, the prevailing party shall be entitled to recover its attorney fees incurred whether or not suit of action is filed, including fees on appeal. f) I understand that my car will be stressed far beyond those levels normally associated with driving on streets and highways and I understand the risks involved both to myself and to my car during this high performance school. I understand that I am responsible for ensuring that the vehicle being used is properly prepared for operation under elevated acceleration, braking and cornering forces. Drivers must have a Technical Inspection (provided in this electronic form) completed prior to event date. g) I fully understand that my insurance company may not cover any property damage suffered to my vehicle and that I risk being canceled by my insurance company should I file for property damage to my vehicle sustained while participating in the School. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND THIS DOCUMENT AND TERMS, UNDERSTAND THAT I GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND KNOWING AND UNDERSTANDING IT TO BE A COMPLETE DISCLAIMER AND WAIVER IN FAVOR OF THE SCHOOL AND OTHERS OF ANY AND ALL LIABILITY, I HEREBY VOLUNTARILY AFFIX MY SIGNATURE. |
