Reference is made to that certain agreement pursuant to which the above referenced Customer has engaged Padddock SimWorks LLC (“Provider”) to provide a mobile trailer containing racing simulators (the “Trailer”) for the above referenced event (the “Event”):
1. I understand and agree that no animals, food, drinks, gum, candy, smoking, vaping, alcohol, drugs, illegal substances, weapons, sharp objects, flammable items or hazardous materials are allowed to be brought inside the Trailer.
2. I will comply with all instructions from Provider’s staff at all times during the Event.
3. I understand that participation in activities in the Trailer involves inherent risks, including but not limited to physical injury, property damage, or death. I certify that I am physically fit and voluntarily assume all such risks.
4. In consideration of being permitted to participate, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, and discharge Provider and its owners, employees, agents, contractors, affiliates, and representatives (collectively, “Released Parties”) from any and all claims, liabilities, losses, damages, injuries, costs, attorney’s fees, or causes of action of any kind resulting from the Event, whether arising in contract, tort, or otherwise, including but not limited to those arising from negligence, gross negligence, or the acts or omissions of Released Parties, except in cases of intentional misconduct.
5. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to my participation or presence at the Event, including but not limited to claims by third parties.
6. In the event of injury, I authorize the Released Parties to seek medical treatment on my behalf, at my sole cost and expense, and waive any claim against them for such treatment decisions.
7. I understand while participating in the Event, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by Proivder.
8. This waiver shall be governed by the laws of the State of New York. If any portion is deemed unenforceable, the remaining provisions shall remain in full force and effect.
9. This Code of Conduct and Liability Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
