Hawk Mazzotta Moto Camp, Inc. Waiver, Release of Liability, Indemnity and Agreement to Hold Harmless Form
I hereby apply for admittance to participate in the Hawk Mazzotta Moto Camp:
I understand that Hawk Mazzotta Moto Camp, Inc, owner/operator are providing NO INSURANCE COVERAGE for my or my child’s injuries.
I, further have completely filled out and signed the Hawk Mazzotta Moto Camp, Inc.’s Waiver, Release of Liability, Indemnity and Agreement to Hold Harmless Form, hereinafter (“the Waiver”). I further understand that all provisions of the Waiver will apply and are incorporated fully herein.
I further agree that this Waiver is also necessary for Hawk Mazzotta Moto Camp, Inc.’s extra assurance that the Participant, Guardian or Minor understands and agrees to hold Hawk Mazzotta Moto Camp, Inc., their directors, officers, employees, volunteers, representatives, and agents, the event holders, event sponsors, event directors, event volunteers, track designers and track owners harmless in the event of injury to a Rider, a Spectator or a Participant.
I understand that the track(s) configuration or direction will change, and track conditions will change and that it is my responsibility to ascertain, ride or conduct myself and others for which I am a guardian, to inspect the track, paddock and all areas, as a spectator or participant, without creating danger to myself or others.
I understand that there may not be an ambulance or qualified first aid personnel on the premises except at sanctioned races or track practice events.
I understand that there may not be yellow flaggers of any kind on the track, except at sanctioned races or track day events.
I for myself or as a guardian (participant or spectator is a minor) understand that I am responsible for my, and/or my child(ren)s safe condition of equipment.
I, as a participant or guardian (participant or spectator) understand that I am responsible for myself, and/or my child(ren)s safe conduct at the track and its surrounding pits, paddock and other areas of the track.
I and / or my child hereby agree to abide by all rules, regulations and procedures as set forth in this application and Waiver; and as may be instituted by the Hawk Mazzotta Moto Camp, Inc., or the organizer of the Events.
I have read and understand the release and assumption of risk documents attached hereto, before signing them and am not relying on any verbal representations in connections with my decision to sign, join, apply for, participate or allow my minor child to participate or spectate in the herein referenced activity.
I further understand that I have not been pressured to sign this Waiver and am free to leave and not participate in the event.
SIGNATURE & TITLE OF WITNESS DATE WITH SIGNED LOCATION OF EVENT I HAVE READ
THIS RELEASE I HAVE READ THIS WAIVER, RELEASE OF LIABILITY & INDEMNITY FORM AND
AGREEMENT TO HOLD HARMLESS, HEREINAFTER (“THE WAIVER”)
RELEASE OF LIABILITY & INDEMNITY FORM AND AGREEMENT TO HOLD HARMLESS, HEREINAFTER (“THE WAIVER”)
(PEASE READ IT SO THAT YOU KNOW YOUR RIGHTS AND OBLIGATIONS AND WAIVERS THAT YOU ARE AGREEING TO)
IN CONSIDERATION of being permitted to spectate, to participate or to be coached, or instructed, by any and all staff, members, agents, employees, support crew of The Hawk Mazzotta Moto Camp, Inc., at the camp, practice day or the races, hereinafter (“the Event(s)”), to enter for any purpose including the RESTRICTED AREA (herein defined as including but not limited to the racing surface, pit areas, infield, burn out area, approach area, shut down area, and all walkways, concessions and other areas appurtenant to any area where any activity related to the Event shall take place), or being permitted to spectate, to compete, to officiate, to observe, to work for, or for any purpose to participate in any way in the Event, EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin, acknowledges, agrees and represents that he/she has, or will immediately upon entering or participating in the Event of/at or upon any of such restricted areas, and will continuously thereafter, inspect such restricted areas and all portions thereof which he/she enters and with which he/she comes in contact, and he/she does further warrant that his/her entry upon such restricted area, of areas and his/her participation, if any, in the Event; constitutes an acknowledgement that he/she has inspected such restricted area and that he/she finds and accepts the same as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she is, in or about restricted areas and he/she feels anything to be unsafe, including the Event, he/she will immediately advise the officials of such and will leave the restricted areas and cease to participate in the Event:
- YOU, THE RELEASOR, NAMED _____________________________(PARTICIPANT) AND/OR
________________________________ (GUARDIAN ON BEHALF OF HIMSELF/HERSELF AND
PARTICIPANT [IF A MINOR] HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE HAWK MAZZOTTA MOTO CAMP, INC., ITS OWNERS, EMPLOYEES, COACHES, VOLUNTEERS, SPECTATORS, ORGANIZERS, EVENT OFFICIALS AND EVENT MONITORS, THE PROMOTERS, PARTICIPANTS, RACING ASSOCIATION, RIDERS, SANCTIONING ORGANIZATION OR ANY SUBDIVISION THEREOF, TRACK OPERATOR, TRACK OWNER, TRACK DESIGNER, OFFICIALS, VEHICLE OWNERS, DRIVERS, PIT CREWS, ANY PERSONS IN ANY RESTRICTED AREA, SPONSORS, ADVERTISERS, OWNERS AND LESSEES OF PREMISES USED TO CONDUCT THE EVENT(S), PREMISES OR EVENT INSPECTORS, DESIGNERS, SURVEYORS, INSURERS, UNDERWRITERS, CONSULTANTS OR OTHER PERSONS OR ENTITIES WHO GIVE RECOMMENDATIONS, DIRECTIONS, RIDES OR INSTRUCTIONS OR ENGAGE IN RISK EVALUATION OR LOSS CONTROL ACTIVITIES REGARDING THE PREMISES OR EVENT(S), THEIR PARENTS, SUBSIDIARIES, WHOLESALERS, SPONSORS, AFFILIATED CORPORATIONS, AND EACH OF THEM, AND THE DIRECTORS OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS AND EMPLOYERS, OF EACH OF THEM, ALL FOR THE PURPOSES HEREIN REFERRED TO AS THE “RELEASEES”, FROM ALL LIABILITY to the undersigned, his/her personal representatives, assigns, heir, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned (or its guardian), whether caused by the negligence or gross negligence of the “RELEASEES” or otherwise while the undersigned is in or upon the restricted area, and/or training, being coached or instructed, competing, officiating in, observing, working for, or for any purposes participating in the EVENT(S).
- YOU HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS THE RELEASEES and their insurance carriers and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon the restricted area or in any way coaching or training or being coached or trained, competing, officiating, observing, or working for, or providing maintenance, design of the track or support or mechanics and spectators or for any purpose participating at any time in the EVENT(S) and whether caused by the negligence or gross negligence of the “RELEASEES” or otherwise.
- YOU HEREBYASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OR GROSS NEGLIGENCE OF RELEASEES OR OTHERWISE while in or upon the restricted areas and/or while attending the EVENT(S).
- Each of THE UNDERSIGNED also expressly” acknowledges that INJURIES RECEIVED MAYBE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
- EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities of the EVENT, including spectating or participating in any way in the EVENTS are very dangerous and involve the risk of serious injury and/or death and/or property damage.
- Participant understands and accepts the SURFACE CONDITIONS on roads, parking lots, walkways, stairs, and any other area exposed to the elements of nature are subject to elements such as snow, rain, sleet, hail, ice, and mud or loose gravel, such that WALKING OR OTHER DAILY ACTIVITIES may become DANGEROUS, PARTICIPANT FREELY ASSUMES any and ALL SUCH RISKS, INCLUDING THE RISK OF ANY NEGLIGENCE OF THE RELEASEES.
- EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the EVENT is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect, including this Release and Waiver of Liability and Indemnity Agreement as well as the underlying Waiver and Release of Liability as referenced herein.
- PHOTO RELEASE: I understand that photos and videos may be taken by RELEASEES. I consent that the photographs, audio, or video may be used by The Hawk Mazzotta Moto Camp, Inc. for any purpose, including marketing materials without any reimbursement of any form to any person.
- MUTUAL DRAFTING ACKNOWLEDGED. This waiver and the terms therein will be deemed to be interpreted as if both parties had participated and jointly drafted this Waiver. Any rule of construction when drafting such Waiver, shall not be interpreted or construed against the drafter, and such provision of drafting will not be applicable to this WAIVER.
- PARTICIPANT IS AWARE THAT THIS CONTRACT (WAIVER) IS LEGALLY BINDING AND THAT HE/SHE IS RELEASING LEGAL RIGHTS FOR HIMSELF/HERSELF AND HIS/HER HEIRS BY SIGNING IT. Participant represents that he/she has voluntarily entered into this agreement and has made no misrepresentations regarding Participant’s name, age, or any other information herein. Participants are aware and hereby release any photo or likeness captured during their visit at the EVENTS.
- Participant or Parent or Legal Guardian if the participant is a Minor, has carefully read this WAIVER and fully understands its content. By signing below he/she is giving up potential legal rights and remedies and that such WAIVER will be complete and unconditional.
- Participant or Parent or Legal Guardian if the participant is a Minor, expressly agrees the foregoing agreement is intended to be broad and inclusive as is permitted by law and if any portion or paragraph is held invalid, the balance shall continue in full force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, (“THE WAIVER”), and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.