TWO WHEEL TRACK DAYS LLC
COVID-19 Release of Liability Agreement
“You”, the person named below as “participant”, agree that you are personally responsible for the safety and actions while using the facility “Adams Motorsports Park (AMP)” rented by the event sponsor “Two Wheel Track Days LLC” on the date stated below. You agree to comply with all the sponsor and facility policies and rules, including but not limited to all policies, guidelines, signage, and instructions. Because AMP rented by the sponsor “Two Wheel Track Days LLC” is open for use by other individuals, you recognize that you are at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved for yourself and on behalf of your family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the event sponsor “Two Wheel Track Days LLC” nor the facility “AMP”, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using the facility, or otherwise, while participating in any activity while in, on, or around the facilities, tools, equipment, or materials.
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the facilities rented by “Two Wheel Track Days LLC”, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
You expressly waive any benefits you may have under Section 1542 of the California Civil Code, or any other law, that provides that a general release does not extend to claims that you do not know, or suspect exist in your favor at the time of execution of this release, with if known by you have materially affected your decision to sign this agreement.
By signing below you acknowledge and represent that you have read the foregoing Waiver of Liability, understand it and sign it voluntarily as your own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; You are sufficiently informed about the risks involved in using the facilities rented by “Two Wheel Track Days LLC” to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; You are at least eighteen (18) years of age (and, if you are a minor, your parent or guardian signing below and fully competent; and you execute this document for full, adequate, and complete consideration fully intending to be bound by the same. You agree that this Wavier of Liability shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of California lifts all COVID-19 related mandates.
TWO WHEEL TRACK DAYS LLC
Assumption of Risks Release of Liability Agreement
“You”, the person named below as “participant”, (and, if you are a minor, your parent or guardian signing below), give this agreement and release to the party named below as sponsor (“Two Wheel Track Days LLC”), and to all companies with its connection with the event described below (‘event”), or otherwise associated with or employed by it. Among other things, it is made in consideration of sponsor’s allowing participation in the event.
-The purpose of this agreement is to, and it is agreed that it shall, eliminate to the fullest extent permitted by law any possibility that sponsor will have any liability, or suffer any loss, cost or expense, by reason of any physical or emotional injury or property loss or economic damage suffered by you or anyone claiming through you (including without limitation, claims based on wrongful death or loss of consortium) in connection with the event, even if caused by negligence of sponsor. Therefore, by signing this agreement:
-You expressly recognize that participation in the event includes many risks and dangers; NEVERTHELESS, you agree to assume ALL OF THESE RISKS AND DANGERS AS YOUR SOLE RESPONSIBILITY, including among all other risks, those which prove to have been avoidable; those caused by legal, illegal, or even criminal, activities of other persons (including other participants); those caused by poor or unusual physical facilities and conditions; or those that sponsor, and others, could, and even should, have made avoidable, even if hidden or unknown to you. You agree to independently evaluate all conditions and circumstances at the event, and, by participating or continuing to participate, will be considered to have given informed consent all the possible consequences, with no reliance on statements made by sponsors or its associates.
-You hereby waive, release, and discharge, on your own behalf, and in a manner binding on your heirs or anyone else claiming through you, any claim you may now or hereafter have against sponsor, and/or against any person or companies working with it in connection with the event, or otherwise associated with or employed by it, by reason of any physical or emotional injury (including death, disfigurement, disability, loss of enjoyment of life, loss of liberty, loss of family member, or other loss or injury), or property loss or economic damage(including liability suffered by you because of some injury to another party), taking place during and/or in connection with the event, EVEN IF CAUSED BY NEGLIGENCE OF SPONSOR or those associated with it, or their giving you incorrect advise, information, or assistance; AND FURTHERMORE, YOU AGREE TO indemnify, defend, hold harmless, and insure sponsor, and those associated with it as stated above, from any liability, loss, claim, demands, lawsuits, cost and expenses (including attorney fees) arising out of our connected with any such injury or loss suffered by you or anyone claiming through you. You do not release anyone from liability for loss or injury caused by intentional acts done for the specific purpose of causing harm or injury, but you do release sponsor from liability imposed on it by law for such acts committed by others unless sponsor knowingly directed, adopted, or ratified such specific conduct.
-You expressly waive any benefits you may have under Section 1542 of the California Civil Code, or any other law, that provides that a general release does not extend to claims that you do not know, or suspect exist in your favor at the time of execution of this release, with if known by you have materially affected your decision to sign this agreement.
-You hereby irrevocably consent to and authorize the use and reproduction by sponsor, or anyone authorized by sponsor, of any and all photographs which sponsor has this day taken of me, negative or positive, proofs of which are hereto attached, for any purpose whatsoever, without compensation to me. All negatives and positives, electronic copies, together with the prints shall constitute sponsors property, solely and completely.
-THIS DOCUMENT CONTAINS EVERY SINGLE TERM AND PROVISION CONCERNING SPONSOR’S LIABILITY FOR LOSS OR INJURY, (ie., this is the “entire agreement”), and unless this agreement is specifically referred to by name in a formal written agreement signed by two or more officers of sponsor (which is the only way this agreement may be modified, canceled, or added-to) NOTHING CONTAINED IN ANY OTHER PAPER OR ORAL STATEMENT SHALL HAVE ANY BEARING ON THE INTERPRETATION OF THIS AGREEMENT. Without limiting the generality of the last statement, no representations are made as to insurance or health coverage, condition of facilities or reputations of those providing facilities or services, or compliance with the laws or regulations of any government or organization that sets standards.
-This agreement is entered into San Diego, California; it shall be interpreted under California law as applied between California residents; only courts sitting in California should have jurisdiction over any dispute between the parties. The prevailing party shall be entitled to attorney fees in any action arising out of this agreement, or in which this agreement is asserted as a defense. Any person signing this agreement as a parent or guardian warrants and represents that he or she has full and permanent custody of the participant, has full authority to give this release on participant’s behalf, and does so with the consent of the other parent and/or guardian(s). If any part hereof is adjudged unenforceable, the remainder shall remain enforceable.
Sponsor: Two Wheel Track Days LLC Facility: Adams Motorsports Park Date of Event: May 21 2023