WAIVER FORM- PLEASE READ THIS CAREFULLY IT AFFECTS YOUR LEGAL RIGHTS
At Trofeo Kart Racing, Inc. , d/b/a Trofeo Karting and hereinafter referred to as Trofeo Karting.
Trofeo Karting is a Kart competitive racing, driver development coaching, and retail sales business intended for competitive racing, exhibition and for fun events and functions.
Please take the time to read our Waiver Form. All fields must be completed by an adult participant or a parent or legal guardian (“PARENT”) in accordance with one of the following options: An adult participant, or a PARENT where the participant is a minor, must sign the written physical paper waiver form or must complete and digitally sign an online electronic Waiver form, accessible at http://www.trofeokarting.com. OR The minor must present a completed Minor Waiver Form that was signed by a PARENT at another time and witnessed by an Trofeo Karting employee; If the form is not completed the Minor will not participate; there are no exceptions to this rule. Thank you for your compliance with our waiver process;
In return for the driver, practicing, training, coaching or racing or being involved with Trofeo Karting in any way (as well as those of any other persons or entity related thereto) and/or its subsidiaries and affiliates, I, the undersigned PARENT, for myself, the Minor Child on whose behalf I am signing (“PARTICIPANT”), my heirs, assigns, and legal representatives, hereby expressly agree to:
1. ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE PARTICIPANT’S PARTICIPATION, PRESENCE WITH TROFEO KARTING, including, without limitation, the risks of death, bodily injury, or property damage resulting from collision between the PARTICIPANT’S vehicle and another vehicle, a person or stationary object, skidding, overturning, sudden stops, braking or acceleration, fire, explosion, the unavailability of emergency medical care, or the negligent or deliberate acts of another person;
2. RELEASE Trofeo Karting, company, company owners, and all its successors, assigns, subsidiaries, branches, Trofeo Kartings, franchisees, affiliates, officers, directors, employees and agents, landlords, and even sponsors from, and not bring a claim against them on account of or in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of participation or presenc. Including without limitation those based on death, bodily injury, or property damage, whether or not caused by the negligence or other fault of Trofeo Karting, including strict product liability or any other liability without fault;
3. RELEASE Trofeo Karting, other parties identified in paragraph 2, and owners of the facilities (“OWNERS”) of any and all responsibility to him or her and agrees to indemnify and hold harmless TROFEO KARTING and OWNERS against any and all damages or injuries arising out participation or presence by any party, including other Participants, or by negligent acts of TROFEO KARTING or PARTICIPANT;
4. GRANT Trofeo Karting, company owners, and all successors, assigns, subsidiaries, branches, franchisees, affiliates, officers, directors, employees and agents, landlords, and even sponsors the irrevocable and unrestricted right to use and publish images of the PARTICIPANT, or images in which the PARTICIPANT may be included, for editorial trade, advertising, and any other purpose and in any manner and medium and to alter same without restriction. I, on behalf of the PARTICIPANT, hereby release Trofeo Karting and its legal representatives and assigns from all claims and liability relating to said images; Trofeo Kart Racing, Inc.
I the participant, parent or legal guardian (“PARENT”) or any person associated, WAIVE the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to the claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time or executing the release;
6. INDEMNIFY AND DEFEND TROFEO KARTING against and hold harmless from any and all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees, which in any way arise from my participation or presence of the Facilities or presence on the Premises.
7. PAY for any and all damages to Trofeo rented Karts, material supplies, the Facilities or Premises or other damages caused by the PARTICIPANT, negligently, willfully, or otherwise;
8. AGREE that, by participating in events or the utilization of facilities of TROFEO KARTING, I, on behalf of the PARTICIPANT, acknowledge that both the PARTICIPANT and I are cognizant of all the inherent dangers of driving vehicles offered to us as well as the basic safety rules for driving such vehicles, and if not, I will advise TROFEO KARTING and request further assistance so that I may fully understand them. I agree that the PARTICIPANT will not take part in any events or utilize the facilities if I am under the influence of drugs or alcohol, if the PARTICANT is pregnant, or if there is any other physical condition that may impair the PARTICIPANT’s ability to understand instructions or to participate without creating risk to others or him/herself.
I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT, BY ENTERING INTO THIS AGREEMENT, I SURRENDER VALUABLE RIGHTS; I DO SO FREELY AND VOLUNTARILY. I FURTHER CERTIFY THAT I AM THE PARTICPANT, OR PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT, THAT I AM OF LAWFUL AGE AND LEGALLY COMPETENT TO SIGN THIS AGREEMENT, THAT I UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL, AND THAT BY CHECKING THE AGREEMENT BOX OR SIGNING THIS PHYSICAL DOCUMENT AND/ OR PURCHASING ANY TRACK EVENT, DRIVER DEVELOPMENT PACKAGE, ARRIVE AND DRIVE PACKAGE, OR ANY OTHER TRACK EVENT OR SERVICE, I AGREE TO ALL THE ABOVE AND HAVE SIGNED, CLICKED THE CHECKBOX, OR PURCHASED THIS AGREEMENT AS MY OWN FREE ACT. IF I HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT, I WILL CONSULT AN ATTORNEY BEFORE AGREEING ANDPURCHASING.