** I intend to drive a high-performance car (or ride as a passenger) on racetracks through events provided by T2.0 LLC and its Club (“T2.0”). As an inducement to T2.0, and as a material representation to T2.0, I submit the following: ** I acknowledge that I am familiar with the current rules of the racetracks and/or the sanctioning body or club that sanctions the events in which I intend to drive the car. I agree to abide by the sanctioning body or Club’s current rules as they may be amended from time to time. If required, I agree to hold a valid license from the appropriate sanctioning body prior to driving the car. I hereby certify that I am an independent contractor and not an agent, servant, or employee of T2.0 and that I will retain such status as an independent contractor throughout all activities relating to the driving or operation of the race car.
In consideration of being permitted to operate a car or being permitted access to any area restricted to T2.0 employees or other personnel (herein defined as including, but not limited to, T2.0’s facility, pit areas, paddock areas, other areas appurtenant, and any area where any activity related to the car shall take place), or being permitted to drive, observe, work for, or for any purpose participate in any way in the operation of the car, 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 any such areas and will continuously thereafter, inspect such areas and all portions thereof which he/she enters and with which he/she comes in contact. He/she does further warrant that his/her entry upon such restricted area or areas and his/her participation, if any, in the event concerning the race car constitutes an acknowledgment that he/she has inspected such restricted areas and that he/she finds and accepts the same as being safe and reasonably suited for the purpose of his/her use. He/she further agrees and warrants that if, at any time, he/she is in or about restricted areas and he/she sees anything to be unsafe, he/she will immediately advise a representative of T2.0 of such and will leave the restricted areas. 1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE T2.0, ITS EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ANY PERSONS IN ANY RESTRICTED AREA, PROMOTERS, SPONSORS, ADVERTISERS, AND EACH OF THEM, THEIR OFFICERS AND EMPLOYEES, ALL FOR THE PURPOSES HEREIN 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 or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence or gross negligence of the “releasees” or otherwise while the undersigned is operating the car or is in or upon the restricted area, and/or, competing, observing, working for, or for any purpose participating in the event with the car. 2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the “Releasees” and each of them from any loss, liability, damage, or cost they may incur due to the operation of the race car by the undersigned, or due to the presence of the undersigned in or upon the restricted area, or in any way competing, observing, or working for, or for any purpose participating in the event with the race car and whether caused by the negligence or gross negligence of the “Releasees” or otherwise. 3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence or gross negligence of “Releasees” or otherwise related to the operation of the car or while in or upon the restricted area and/or while competing, observing, working for, or for any purpose participating in the event with the car. 4. THE UNDERSIGNED expressly acknowledges and agrees that the activities related to the operation of a car on a racetrack and car events are very dangerous and involve the risk of serious injury and/or death and/or property damage. The undersigned knows the nature of the events, the dangers of driving vehicles on racetracks, and the undersigned’s experience and capabilities, and represent that he/she is qualified to participate in the events. 5. 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 law of the Province or State or County in which the events or operation of the car is conducted, and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The undersigned acknowledges that he/she has been advised that auto racing is a dangerous activity and has so advised his/her next of kin. 6. THE UNDERSIGNED acknowledges and agrees that there are no implied warranties of merchantability or fitness for a particular purpose or any other warranties, express or implied, applicable to any equipment, accessories, instruments, components, or other products or goods used in any manner whatever in or related to any sanctioned event regardless of the source of such goods and he/she hereby waive all remedies, warranties, guarantees or liabilities, expressed or implied, arising by law or otherwise, including all consequential damages, whether or not occasioned by the negligence of T2.0 or the supplier of such goods or any other reason, on account of death or injury to person or property caused by or resulting from the manufacture, construction, design, formula, development of standards, preparation, processing, assembly, inspection, testing listing, certifying, warning, instructing, marketing, advertising, packaging, or labeling of such product or component of a product. <strong>THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.</strong>
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