IN CONSIDERATION of my &minor child& being permitted to work, observe or participate in any way in the BetterSaferDrivers.com Car Control Clinic conducted by the American Traffic Academy at the TURF PARADISE facility or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area of the Facility requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), THE UNDERSIGNED, for himself or herself, and his or her personal representatives, heirs, and next of kin:
__________(1). Acknowledges, agrees, and represents the parent/guardian has inspected, or will immediately inspect upon entering, any such RESTRICTED AREA, and will continuously thereafter inspect any RESTRICTED AREA which he or she enters, and he or she further agrees and represents that, if at any time, he or she is in or about any RESTRICTED AREA and identifies or believes any type of condition therein to be unsafe, he or she will immediately advise Academy officials of such and, if necessary, will leave the RESTRICTED AREA and/or refuse to participate further in the EVENT(S).
__________(2). HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE BetterSaferDrivers.com, the American Traffic Academy or Turf Paradise or any of their officers, directors, members, shareholders, employees, representatives, agents, successors or assigns, or participants, racing associations, sanctioning organizations or any subdivisions thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons authorized to be in any RESTRICTED AREA, sponsors, advertisers, owners or lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants or any others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Academy premises or EVENT(S) and each of them, their directors, officers, agents and employees, all of whom are, for the purpose herein, referred to as "Releasees," FROM ANY AND ALL LIABILITY TO THE UNDERSIGNED, HIS OR HER PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR, ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OF, OR RESULTING IN THE PERMANENT DISABILITY OR DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED IN ANY WAY TO THE UNDERSIGNED'S ACTIVITIES, PARTICIPATION OR PRESENCE AT ACADEMY OR IN THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE
__________(3). HEREBY AGREES TO INDEMIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR ARISING OUT OF OR RELATING IN ANY WAY TO THE UNDERSIGNED'S ACTIVITIES, PARTICIPATION, OR PRESENCE AT ACADEMY OR THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
__________(4). HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY OR DEATH ARISING OUT OF OR RELATED IN ANY WAY TO THE UNDERSIGNED'S MINOR CHILD´S ACTIVITIES, PARTICIPATION OR PRESENCE AT THE DRIVING CLINIC OR THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. THE UNDERSIGNED ALSO HEREBY ASSUMES FULL RESPONSIBILITY FOR PROPERTY DAMAGE CAUSED BY THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF THE UNDERSIGNED. IN THIS REGARD THE UNDERSIGNED ALSO HEREBY AGREES TO PERSONALLY AND PRIMARLY REIMBURSE BETTERSAFERDRIVERS.ORG OR ITS SUPPLIERS OR CONTRACTORS FOR ANY AND ALL COSTS OR EXPENSES INCURED IN REPAIRING OR REPLACING ANY MOTOR VEHICLE OR OTHER PROPERTY USED OR DAMAGED BY THE UNDERSIGNED AS A RESULT OF THE UNDERSIGN´S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE IN CONNECTION WITH HIS OR HER PARTICIPATION IN THE EVENT(S) OR PRESENCE AT THE ACADEMY.
__________(5). HEREBY ACKNOWLEDGES THAT THE ACTIVITIES TO BE UNDERTAKEN BY THE UNDERSIGNED´S MINOR CHILD AT THE DRIVING CLINIC AND IN CONNECTION WITH THE EVENT(S) MAY BE SOMEWHAT DANGEROUS AND INVOLVE THE RISK OF BODILY INJURY AND/OR PROPERTY DAMAGE. THE UNDERSIGNED ALSO EXPRESSLY ACKNOWLEDGES THAT INJURIES RECEIVED BY THE MINOR CHILD MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES, AND EXPRESSLY WAIVES AND RELEASES ANY CLAIM ARISING THEREFROM.
__________(6). HEREBY AGREES THAT THIS COMPLETE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT EXTENDS TO ALL ACTS AND OMISSIONS, INCLUDING NEGLIGENCE, BY THE RELEASEES, INCLUDING NEGLIGENT RESCUE OPERATIONS, AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF ARIZONA & NEVADA AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
I HAVE READ THIS COMPLETE 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. I FURTHER INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Parent / Guardian Signature: ___________________________________________Date:___________
Parent / Guardian Printed Name: ________________________________________________________