This Agreement is entered into between THE RACEHAUS LLC, a Missouri limited liability company, 8777 Big Bend Blvd, Suite B, Webster Groves, MO 63119, and the undersigned individual ("Participant"). Participation in any Activity is conditioned on execution of this Agreement. PLEASE READ BEFORE YOU SIGN THIS IS A BINDING LEGAL CONTRACT. BY SIGNING, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RACEHAUS FOR INJURIES CAUSED BY ITS OWN NEGLIGENCE, AND YOU AGREE TO RESOLVE DISPUTES BY ARBITRATION RATHER THAN IN COURT. 1. Definitions 1.1 Company. THE RACEHAUS LLC and its owners, members, managers, officers, employees, independent contractors, volunteers, agents, sponsors, landlords, equipment manufacturers and suppliers, software licensors, insurers, successors, assigns, and affiliates. 1.2 Activities. Without limitation: racing simulator use; spectating; leagues, tournaments, and competitions; coaching and classes; group, corporate, private, and sponsored events; ingress and egress; and use of the lounge, retail areas, restrooms, seating, equipment, furniture, food and beverage areas, parking areas, and all related services on or about the premises. 1.3 Vendors. Independent third-party providers, including caterers, bartenders, photographers, instructors, entertainers, and event partners. Vendors are not employees or agents of the Company. 1.4 Visit Types. This Agreement applies to every Participant regardless of how they attend, including: (a) Open Racing or Visiting — an individual or small group booking or walking in; (b) Group Event — a party, league night, or group booking; and (c) Private or Sponsored Event — a private buyout, corporate function, or an event hosted or sponsored by the Company or a third party. 1.5 Host. Any person or organization that books or sponsors a Group Event or Private or Sponsored Event. Attending as a guest of a Host does not exempt any Participant from this Agreement.
2. Acknowledgment of Inherent Risks Participant understands and acknowledges that the Activities involve inherent and foreseeable risks, including but not limited to: · Slips, trips, and falls, including while entering or exiting a simulator; · Motion sickness, dizziness, nausea, disorientation, or vertigo, including after a session ends; · Eye strain, headaches, or photosensitive reactions; · Equipment malfunction, failure, or unexpected operation; · Injuries to the hands, fingers, thumbs, wrists, forearms, elbows, shoulders, neck, back, or upper body — including sprains, strains, fractures, broken fingers, broken wrists, dislocations, ligament injuries, nerve injuries, repetitive-stress injuries, impact injuries, and crush injuries; · Sudden or unexpected force, torque, resistance, vibration, or movement from simulator components including steering wheels, pedals, shifters, seats, harnesses, motion platforms, and force-feedback systems; · Pinching, catching, or crushing from moving mechanical components; · Collisions or abrupt impacts occurring within virtual simulations; · Acts or omissions of other participants, spectators, Hosts, or Vendors; · Food-borne illness, allergic reactions, or reactions to food and beverages; · Exposure to communicable illness; · Loss of or damage to personal property. PARTICIPANT UNDERSTANDS THAT THESE RISKS MAY RESULT IN SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH, AND THAT SUCH RISKS MAY ARISE FROM THE ORDINARY NEGLIGENCE OF THE COMPANY.
3. Photosensitivity and Motion Warning 3.1 Warning. The Activities involve flashing images, rapid visual motion, simulated movement, and visual effects that may trigger seizures in persons with photosensitive epilepsy or undiagnosed seizure conditions, and may cause dizziness, nausea, headaches, disorientation, or other physical reactions, even in persons with no history of such conditions. 3.2 Stop immediately. If Participant experiences altered vision, eye or muscle twitching, involuntary movement, loss of awareness, disorientation, convulsions, nausea, or dizziness, Participant must stop immediately and notify staff.
4. Health and Fitness Representation 4.1 Representation. Participant represents and warrants that Participant (or the minor identified below) is physically and medically fit to participate and has no condition that would make participation unsafe or that would be aggravated by the Activities. 4.2 Conditions to disclose. Participant will notify staff before participating if Participant has or may have: epilepsy, photosensitivity, or any seizure disorder; a heart, blood pressure, or circulatory condition; a neck, back, or spinal condition; an inner-ear, balance, or vestibular disorder; a recent surgery or injury; pregnancy; or any condition aggravated by vibration, rapid movement, or physical restraint. 4.3 Stop and report. Participant agrees to stop participation immediately and notify staff if experiencing pain, numbness, tingling, weakness, dizziness, or discomfort, particularly in the hands, wrists, arms, shoulders, neck, back, or upper body. 4.4 Not impaired at signing. Participant represents that Participant is not, at the time of signing or participating, under the influence of alcohol or any substance that impairs judgment, coordination, or reaction time.
5. No Medical Personnel; Emergency Authorization 5.1 No medical staff. The Company does not have medical personnel on site and does not provide medical care. 5.2 Authorization. Participant authorizes the Company to summon emergency medical assistance and to arrange emergency transport if the Company believes it may be needed, at Participant's expense. Participant agrees the Company has no obligation to do so and no liability for doing so, for declining to do so, or for the care provided by any responder or facility.
6. Participation Requirements 6.1 Minimum requirements. Simulator operation requires the physical ability to grip and turn a steering wheel and to reach and depress pedals. Minimum height: 54 inches. Minimum age: 10 years. 6.2 Evening restriction. After 8:00 PM, all participants must be 18 years of age or older, except as part of an approved Private or Sponsored Event. 6.3 Supervision. Participants under 18 must be supervised at the premises by a parent, legal guardian, or the Host's designated adult at all times. The premises are not a drop-off facility.
7. Right to Refuse or End Participation 7.1 Company discretion. The Company may refuse, suspend, or end any Participant's participation at any time, without refund, if the Company believes in its reasonable judgment that the Participant is impaired, unwell, unsafe, disruptive, abusive, or in violation of this Agreement or posted rules. 7.2 Not a medical judgment. Any such decision is an operational safety judgment, is final, and is not a medical opinion or diagnosis.
8. Accessibility 8.1 Facility features. The premises include an accessible entrance and accessible restroom facilities. Participants with mobility, sensory, or other needs are encouraged to contact the Company in advance so that reasonable accommodations can be discussed. 8.2 Physical requirements remain. Regardless of accommodation, simulator operation requires the physical capabilities described in Section 6.1.
9. Assumption of Risk PARTICIPANT KNOWINGLY, FREELY, AND VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE COMPANY, AND ASSUMES FULL RESPONSIBILITY FOR PARTICIPANT'S PARTICIPATION.
10. Simulator-Specific Risks 10.1 Forces involved. Racing simulators generate force feedback, resistance, vibration, and sudden directional movement that place stress on the hands, fingers, wrists, arms, shoulders, neck, and upper body. 10.2 Conduct that increases risk. Improper grip, improper posture, fatigue, inattention, horseplay, failure to follow staff instructions, or exceeding personal physical limits increase the risk of injury, including broken fingers, broken wrists, ligament damage, nerve injury, bruising, and soft-tissue injuries. Participant voluntarily assumes all such risks. 10.3 Safety systems. Participant will not disable, bypass, block, or override any harness, restraint, guard, or emergency stop, and will keep hands and feet within the rig while it is in motion.
11. Release of Liability — Including for the Company's Own Negligence 11.1 IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE, PARTICIPANT — FOR PARTICIPANT AND FOR PARTICIPANT'S HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, SPOUSE, AND NEXT OF KIN — HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF EVERY KIND — INCLUDING CLAIMS FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, DEATH, EMOTIONAL DISTRESS, AND PROPERTY DAMAGE — ARISING OUT OF OR RELATING IN ANY WAY TO PARTICIPANT'S PRESENCE AT THE PREMISES OR PARTICIPATION IN THE ACTIVITIES. 11.2 THIS RELEASE EXPRESSLY INCLUDES, AND PARTICIPANT SPECIFICALLY INTENDS IT TO INCLUDE, CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, CARELESSNESS, OR FAULT OF THE COMPANY. THIS INCLUDES THE COMPANY'S NEGLIGENT SUPERVISION, NEGLIGENT INSTRUCTION OR COACHING, NEGLIGENT MAINTENANCE, REPAIR, OR INSPECTION OF EQUIPMENT, NEGLIGENT HIRING, TRAINING, OR RETENTION OF STAFF, NEGLIGENT SELECTION OF VENDORS, NEGLIGENT DESIGN, SETUP, OR CONDITION OF THE PREMISES, AND NEGLIGENT FAILURE TO WARN. 11.3 PARTICIPANT UNDERSTANDS THAT BY SIGNING THIS AGREEMENT PARTICIPANT IS GIVING UP THE RIGHT TO SUE THE COMPANY FOR INJURIES CAUSED BY THE COMPANY'S OWN NEGLIGENCE. 11.4 What is not released. This release does not apply to claims arising from the Company's gross negligence, recklessness, wanton or willful misconduct, or intentional acts, and does not waive any right that cannot be waived as a matter of Missouri law. 11.5 Savings clause. If any portion of this Section 11 is held unenforceable, the remainder remains in full force, and the unenforceable portion shall be reformed and enforced to the maximum extent permitted by Missouri law.
12. Indemnification 12.1 Indemnity. Participant agrees to defend, indemnify, and hold harmless the Company from and against any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of Participant's conduct, participation, or breach of this Agreement, or brought by any person claiming through or on behalf of Participant — except to the extent caused by the Company's gross negligence or intentional misconduct.
13. Property Damage and Billing Authorization 13.1 Responsibility. Participant is financially responsible for damage to Company property or equipment caused by Participant's intentional, reckless, or negligent conduct, or by violation of posted rules. Ordinary wear and tear is excluded. 13.2 Amount. Participant will pay the reasonable cost of repair, or the replacement value if the item is not economically repairable. 13.3 Authorization. Participant authorizes the Company to charge the payment method on file for such amounts after the Company provides an itemized statement and supporting photographs. Undisputed amounts unpaid after thirty (30) days may accrue a service charge of 1.5% per month, or the maximum permitted by Missouri law, whichever is less.
14. Personal Property 14.1 Not responsible. The Company is not responsible for loss of, theft of, or damage to Participant's personal property, whether or not stored in a cubby, locker, or area the Company provides. Bring valuables at your own risk.
15. Rules and Conduct Participant agrees to follow all posted rules and staff instructions, including: · Closed-toe shoes required. No sandals, bare feet, or heels. · Long hair tied back and loose clothing, scarves, and lanyards secured or removed before using a motion rig. · No food or beverages within three (3) feet of any simulator. · Wash or sanitize hands before simulator use. · No smoking or vaping inside. · No fighting, threats, or physical altercations — zero tolerance, immediate removal. · Respectful conduct required. Competitive, non-targeted trash talk is welcome; harassment of any kind is not. · One spectator per simulator unless approved by staff. · No alcohol may leave the premises. · Report any equipment problem, spill, or injury to staff immediately, however minor. · Do not adjust seat rails, pedal boxes, wheelbase settings, or software configuration — ask staff.
16. Group, Private and Sponsored Events 16.1 Every attendee signs. Every Participant at a Group Event or Private or Sponsored Event must execute this Agreement, including guests of a Host, employees of a corporate Host, wedding parties, sponsors, and vendors' personnel who participate in Activities. 16.2 Host responsibility. The Host is responsible for the conduct of its guests, for supervising any minors attending, and for ensuring its guests execute this Agreement. The Host's separate written agreement with the Company governs the event itself; this Agreement governs each individual's participation and controls as between the Company and the Participant. 16.3 Vendors. Vendors engaged by a Host are independent contractors. The Company is not responsible for the acts, omissions, products, or services of any Vendor, including food, beverage, and bartending services. 16.4 Sponsored events. Where the Company hosts or sponsors an event, participation remains subject to this Agreement in full, including Section 11.
17. Food, Beverage and Allergies 17.1 Assumption of risk. Participant assumes all risk related to the consumption of food and beverages on the premises, whether provided by the Company, a Host, or a Vendor. 17.2 Allergies. The Company does not control ingredients or preparation and cannot guarantee any item is free of allergens or cross-contamination. Participants with food allergies must take their own precautions.
18. Alcohol BYOB PERMITTED AT APPROVED EVENTS 18.1 Limited permission. Alcoholic beverages may be brought and consumed only by persons 21 years of age or older, only at Private or Sponsored Events approved in advance in writing, and only in areas the Company designates. 18.2 Host responsibility. The Host is solely responsible for alcohol brought to the event, for verifying the age of any person consuming it, and for the conduct of its guests, and the Host agrees to indemnify the Company against any claim arising from the presence, service, or consumption of alcohol at the event. 18.3 Company discretion. The Company may refuse participation to, or remove, any person who appears intoxicated or impaired, and may end alcohol service or require removal of alcohol at any time. These decisions are final. 18.4 No alcohol and simulators. A Participant may not operate a simulator after consuming alcohol. Participant assumes all risk of any injury arising from participation after consuming alcohol. 18.5 No alcohol leaves. No open alcohol may leave the premises. No alcohol may be sold, exchanged for consideration, or provided to any person under 21. 18.6 Assumption of risk. Participant assumes all risks arising from Participant's own consumption of alcohol, including impaired judgment, coordination, and reaction time, and releases the Company accordingly under Section 11.
19. Media Release 19.1 Grant. Participant grants the Company a royalty-free, perpetual, worldwide license to use Participant's name, image, likeness, voice, appearance, lap times, and results in photographs, video, and recordings for marketing, promotional, social media, and informational purposes, in any medium, without further notice or compensation. 19.2 Opt-out. Participant may opt out by checking the box in the signature section or by written notice to info@theracehaus.com. An opt-out applies to future use only; the Company is not required to recall or remove material already published. 19.3 Security cameras. The premises are monitored by video surveillance for safety and security. Recordings may be retained and used for incident investigation, insurance, and law enforcement purposes.
20. Privacy 20.1 Use of information. The Company collects and uses Participant's information to operate its business, communicate about bookings and safety, and — where consented — for marketing. The Company does not sell personal information. 20.2 Safeguards. The Company uses reasonable safeguards to protect personal information but cannot guarantee against unauthorized access beyond its reasonable control. 20.3 Marketing consent. Marketing emails and texts are sent only with consent and Participant may opt out at any time by replying STOP or using the unsubscribe link.
21. Communicable Illness 21.1 Assumption of risk. Participant acknowledges that shared equipment and indoor spaces carry a risk of exposure to communicable illness, voluntarily assumes that risk, and agrees not to attend while experiencing symptoms of a contagious illness.
22. Dispute Resolution and Arbitration 22.1 Talk to us first. Before commencing any proceeding, Participant agrees to contact the Company at info@theracehaus.com with a written description of the dispute and to allow thirty (30) days to resolve it informally. 22.2 Binding arbitration. Any dispute arising out of or relating to this Agreement or the Activities that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, with the arbitration seated in St. Louis County, Missouri. 22.3 Fees. Filing, administrative, and arbitrator fees will be allocated as provided in the AAA Consumer Arbitration Rules, and the Company will pay any portion of those fees that exceeds what Participant would have paid to file the same claim in court. Each party otherwise bears its own attorneys' fees unless the arbitrator awards them as permitted by law. 22.4 Small claims carve-out. Either party may bring an individual claim in small claims court if it qualifies, and this Section does not prevent either party from seeking injunctive relief in aid of arbitration. 22.5 No class actions. PARTICIPANT AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 22.6 Jury trial waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, PARTICIPANT AND THE COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY. 22.7 Severability of this Section. If the class action waiver in Section 22.5 is held unenforceable as to a particular claim, that claim shall proceed in court and the remainder of this Section continues to apply to all other claims.
23. Governing Law, Venue and Severability 23.1 Governing law. This Agreement is governed by the laws of the State of Missouri, without regard to conflict-of-laws principles. 23.2 Venue. For any matter not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in St. Louis County, Missouri. 23.3 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable, and the remaining provisions continue in full force. 23.4 Entire agreement. This Agreement is the entire agreement between Participant and the Company regarding participation and supersedes any prior oral statements. It survives the visit and applies to all future visits unless the Company requires a new waiver.
24. Minors 24.1 Authority. The undersigned parent or legal guardian represents that they are the Participant's parent or court-appointed legal guardian and have full authority to sign on the minor's behalf. 24.2 Acknowledgment of risk. The parent or guardian has read Sections 2, 3, 9, and 10, understands the risks, and knowingly permits the minor to participate. 24.3 Release of the parent's own claims. The parent or guardian releases and discharges the Company from all claims the parent or guardian may have, individually or derivatively — including claims for medical expenses, loss of services, loss of consortium, and emotional distress — arising from the minor's participation, INCLUDING CLAIMS CAUSED BY THE COMPANY'S OWN NEGLIGENCE. 24.4 Indemnity. The parent or guardian agrees to indemnify, defend, and hold harmless the Company from any claim brought by or on behalf of the minor, including any claim the minor may bring after reaching the age of majority, to the fullest extent permitted by Missouri law. 24.5 Agreement on the minor's behalf. To the fullest extent permitted by Missouri law, the parent or guardian agrees to this Agreement on the minor's behalf, including Sections 9, 11, and 22. 24.6 Financial responsibility. The parent or guardian is financially responsible for all charges and damages incurred by the minor. 25. Electronic Signature 25.1 Consent. Participant consents to the use of an electronic signature in place of an original signature on paper, and agrees an electronic signature has the same legal effect. Participant has the right to request a paper copy instead and, by consenting, waives that right for this document. Participant may obtain a paper copy on written request at no charge, and may withdraw consent to electronic signature at any time without penalty by written notice to the Company. 26. Acknowledgment and Signature I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT IT INCLUDES AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY THAT COVERS THE RACEHAUS LLC'S OWN NEGLIGENCE, AN INDEMNITY, AND AN AGREEMENT TO ARBITRATE. I UNDERSTAND I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS. I SIGN FREELY AND VOLUNTARILY. Date: October 18, 2026 | 