By indicating your acceptance, you understand, agree,
warrant and covenant as follows:
Waiver and Release
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT. CONSIDERATION of being permitted to compete, officiate,
observe, work for, or participate in any way in the EVENT(S), EACH OF THE
UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin:
1) HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Sun & Wine
Racing LLC, its affiliated corporations and charities, the host city(ies),
including Kenosha, Wisconsin, Pleasant Prairie, WI, county and state, USATF,
any and all municipal agencies whose property and/or personnel are used or in
any way assist, all sponsoring or co-sponsoring companies or individuals
related to the EVENT(S), together with their officers, directors, shareholders,
successors and assigns, premises and event inspectors, surveyors, underwriters,
consultants and others who give volunteer support, first aid, medical
attention, recommendations, directions, or instructions or engage in risk
evaluation or loss control activities regarding the premises or EVENT(S) and
each of them, their directors, officers, agents and employees, all for the
purposes herein referred to as “Releasees,” FROM ALL LIABILITY, TO THE
UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin: 1)
FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF
INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING
OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE; 2) HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD
HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR
COST, including attorneys’ fees, they may incur arising out of or related to
the EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE; 3)
HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR
PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the
NEGLIGENCE OF RELEASEES or otherwise; 4) Hereby grants any medical director of
the Event and his/her agents, affiliates and designees, access to all medical
records (and physicians) as needed and authorizes medical treatment as needed;
5) understands that he/she has the right in refuse medical care and advice of
EVENT(S) medical directors and representatives; if Undersigned’s medical
condition becomes such that the Undersigned’s mental capacity is questioned,
the physician has the right to recommend and initiate treatment of the
Undersigned; 6) assumes liability for any and all medical expenses incurred as
a result of training for and/or participation in the EVENT(S), including but
not limited to ambulance transport, hospital stays, physician and
pharmaceutical goods and services; 7) HEREBY acknowledges that THE ACTIVITIES
OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury
and/or death and/or property damage. 8. HEREBY agrees that this Release and
Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all
acts of negligence by the Releasees and is intended to be as broad and
inclusive as is permitted by the laws of the State in which the Event(s) is/are
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. 9.
The Undersigned warrants that all statements made herein are true and correct
and understands that Releasees have relied on them in allowing the Undersigned
to participate in the Event. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE
SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE
BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
