READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES AND RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. Participant and/or Guardian on Participant’s behalf, in consideration for Participant’s opportunity to utilize the facilities of Rad Ray’s Karts L.L.C. (“Rad Ray’s”) and participate in the activities hosted therein (“Rad Ray’s Racing”), understand, represent, acknowledge, and agree as follows: 1. Participant and/or Guardian are capable of understanding the terms of this Agreement and the risks associated with and inherent in Rad Ray’s Racing. 2. Participant and/or Guardian have been provided access to and have read the rules for operating Rad Ray’s Karts and accept full responsibility for Participants compliance with those rules and any other posted rules or warnings with in Rad Ray’s facilities. 3. Participant and/or Guardian understand that the course on which the Rad Ray’s Karts operate has curves requiring a degree of skill and responsibility to navigate safely. Participant has the necessary skill and will exercise the responsibility necessary to operate Rad Ray’s Karts and navigate the course safely. Participant is in good health and in proper physical condition to participate in such activity. Participant has been provided the opportunity to inspect Rad Ray’s Karts and the track, and the condition of each is satisfactory to Participant. Participant will only operate Rad Ray’s Karts after Participant has determined that the condition of the Rad Ray’s Karts and the track are satisfactory. If Participant observes any condition which might be hazardous or dangerous, Participant will notify the proper authority in charge of the activity and will refrain from participation until the condition has been corrected. 4. Rad Ray’s Karts are controlled by individual drivers, who are capable of making mistakes and/or intentionally causing harm to others. Participant and/or Guardian acknowledge that Participant could be potentially injured, disabled, or killed, whether by Participant’s own actions (or inactions) or the actions or inactions of another driver or drivers. Participant freely and knowingly assumes this risk. Participant and/or Guardian take full responsibility for any claims of personal injury, death, or damage to personal property arising out of Participant’s use of Rad Ray’s Karts and/or the track, whether to Participant or to other people. 5. Participant and/or Guardian, on behalf of Participant, and Participant’s heirs, assigns, and next of kin, do release, discharge and covenant not to sue Rad Ray’s and each of its individual members, directors, officers, agents and employees, including their respective successors and assigns and, if applicable, owners and lessors of premises on which the activity occurs (the “Releasees”) from any liability, claims, demands, losses or damages on Participant’s account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise. 6. Participant and/or Guardian forever agree to indemnify and defend each Releasee against and hold them each harmless from any and all damages, claims, losses, liabilities, liens, causes of action, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, arising from or caused as a result of Participant’s presence in or about the premises or Participant’s participation in any way in the rental or operation of Rad Ray’s Karts, Participant’s use of the track or any other events relating thereto, at any time, without regard to whether Participant’s actions (or inactions) were negligent or not and whether or not based on the negligence of Rad Ray’s or any Releasee. 7. Participant and/or Guardian forever agree to reimburse and pay Rad Ray’s for any and all damage to the premises or any Rad Ray’s Karts or other property, caused by Participant, at any time, whether driving, observing, or participating in any way in the rental or operation of Rad Ray’s Karts or participating in any events in or about the premises. 8. This Agreement shall be construed in accordance with the laws of the State of Idaho, and for any dispute arising under this agreement Participant and/or Guardian hereby submit to the exclusive jurisdiction of the courts of Bonneville County, Idaho. Participant and/or Guardian voluntarily waive any right they may have to a jury trial in any action under this Agreement. PARTICIPANT AND/OR GUARDIAN HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. Parent/Guardian Consent As the parent/legal guardian of Participant (under age 18) named herein, I hereby accept and assume the risks to my Participant in participating in Rad Ray’s activities, and make and enter into each and every agreement, representation, waiver, release and indemnification described above on behalf of myself, Participant, and any other parent/legal guardian of Participant, intending that they be binding on me, Participant, and our respective heirs, executors, personal representatives, administrators and assigns. By affixing my signature below, I intend to give up my right, the right of Participant, and the right of any other parent or guardian to maintain any claim or suit against Rad Ray’s arising out of Participant’s participation in any of Rad Ray’s activities or related in any way to Rad Ray’s involvement in these Activities. I further agree that I will hold harmless, defend and indemnify Rad Ray’s of and from any claims of my own or of Participant or third parties arising from or related to Participant’s participation or involvement in any Rad Ray’s activities. Date: October 24, 2025 |