Fort St. John Motocross Club
RELEASE OF WAIVER AND LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of being permitted to compete, official, observe, work, for, or participate in any way, any motor sport activities or being permitted to enter any RESTRICTED AREA (defined as any area requiring special authorization , credentials, or permission to enter or any are including owner(s) property to which the general public is restricted or prohibited.) EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs and next of kin:
1. Acknowledges, agrees and represents that he/she has or will immediately upon entering any such RESTRICTED AREAS which he/she enters and he/she further agrees and warrants that, if any time he/she is in or about RESTRICTED AREAS and he/she feels anything to be unsafe, he/she will immediately advise the property owner(s) and will leave the RESTRICTED AREAS and/or refuse participate in further motor sport activities.
2 .HEREBY RELEASES, WAIVES, DISCHARGES AND COVENTANTS NOT TO SUE car owners, drivers, family members, riders, rescue personnel, any persons in any RESTRICTED AREA, owners of premises used to conduct the motor sport activities for premises, underwriters, consultants and others who give recommendations, directions, or instructions, or engage in risk evaluation or loss of control activities regarding the premises of activity and each of them, their directors, officers, agents and employees, all for the purpose herein after referred to as “Releasees”, FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OF DAMAGE, AND ANY CLAIM ON DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE MOTORSPORT ACTIVITIES, WHETHER CAUSE BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNITY AND SAVE AND HOLD HARMLESS the releasees and each of them FROM ANY LOSS, LIABILITY , DAMAGE OR COST they may incure arising out of or related to the motor sport activities WHETHER CAUSED BY THE NEGLIGANCE OF THE RELEASEES or otherwise.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the motor sport activities WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.
5. HEREBY acknowledges that MOTOR SPORT ACTIVITIES ARE VERY DANGEROUS and involves the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this release and waiver of liability, assumption of risk and indemnity agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLEGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the province in which the motor sports activities are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT TO THE LAW.
Fort St. John Motocross Club
MINOR RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION of being allowed to participate in any way in the motor sport event or activity and/or being permitted to enter for any purpose and RESTRICTED AREA of owner property (herin defined as any area wherein admittance to the general public is prohibited, the parent(s) and/or legal guardian(s) of the minor participant named below agree:
The parent(s) and/or guardian(s) will instruct the minor participant that prior to participating in the motor sport activity or event, he/she should inspect the facilities and equipment to be used, and if he/she believes anything is unsafe , the participant should immediately advise the owners of such condition and refuse to participate.
I/We fully understand and acknowledge that:
There are risks and dangers associated with participation in motor sport events and activities which could result in bodily injury, partial and/or total disability, paralysis and death,
There are social and economic losses and/or damages, which could result from those risks and dangers described above.
These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including but not limited to the Releasees named below.
There may be other risks not known to us or that are not reasonably foreseeable at this time.
I/We accept and assume such risks and responsibility for the losses and/or damage following such injury, disability, paralysis or death, however caused and whether caused in whole or in the part by the negligence of the Releasees named below.
I/WE RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the property owner(s), participants, car owners, drivers, any persons in any restricted area, owner of premises used to conduct the motor sport activity and each of them, agents and employees, all for the purposes herein referred to as “Releasees”, from all liability to the undersigned, my/our personal representatives assigns, executors, heirs and next of kin for any and all claims, demands, losses or damages on account of any injury, included to but not limited to the death of the participant or damage to property, caused or alleged to be caused in whole or in part by the negligence of the ‘Releasees’ or otherwise.
On behalf of the participant and individually, the undersigned parent(s) and/or legal guardian(s) for the minor participant executes this waiver and release. If despite this release, the participant makes a claim against any of the “Releasees”, the parent(s) and/or legal guardian(s) will reimburse the “Releasees” and their insuring company for any money which they have paid to the participant, or on this behalf, and hold them harmless.
I HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY WITHOUT INDUCEMENT.