Superbike-Coach Corp. Road and Course Training (read version)
WAIVER AND RELEASE, EXPRESS ASSUMPTION OF THE RISK,
WARRANTIES, AND INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT MUST BE CAREFULLY READ AND SIGNED. Please initial each section below, acknowledging that you read and understand that section.
In consideration of my participation in motorcycle related courses and events, including, track and road riding, racing, training, learning, practicing, competing, observing, and spectating (collectively “EVENTS”), which are operated and hosted by Superbike-Coach Corp., including Superbike-Coach employees, officers, and/or agents (“SUPERBIKE-COACH”), I, on behalf of myself, and on behalf of my personal legal representatives, assigns, heirs, and next of kin (collectively “PARTICIPANT”) hereby state:
1. VOLUNTARY PARTICIPATION AND INFORMED CONSENT. PARTICIPANT acknowledges that there are inherent dangers related to the EVENTS. PARTICIPANT acknowledges that he/she has been informed that his/her PERSONAL SAFETY CANNOT BE GUARANTEED. PARTICIPANT attests that he/she is not under the age of 18 years. PARTICIPANT agrees that she/he will not participate in any EVENTS if she/he is under the influence of drugs or alcohol, or has any other physical or mental condition that may impair her/his ability to understand instructions or to participate without creating risk to others or self. It is PARTICIPANT’s responsibility to: (1) fully disclose any health issues or medications that are relevant to participation in the EVENTS; (2) inform SUPERBIKE-COACH if there are any activities or aspects of the program about which PARTICIPANT does not feel comfortable; (3) cease participation and promptly report to SUPERBIKE-COACH any unusual feelings or physical discomfort; and (4) clear his or her participation with his or her physician. PARTICIPANT bears responsibility to obtain, review, and follow all rules and regulations and instructions associated with the EVENTS.
2. WAIVER AND RELEASE. The PARTICIPANT releases, waives, discharges, and covenants not to sue SUPERBIKE-COACH from all liability for any and all loss or damage and any claim or demands on account of injury to the person, property damage or destruction, or death of the PARTICIPANT arising out of or related to the PARTICIPANT’s participation in any way in the EVENTS and/or the PARTICIPANT’s presence in or upon the premises, locations and facilities where the EVENTS are or will be taking place, even that caused by the ordinary negligence of SUPERBIKE-COACH (hereinafter “LIABILITY”). The LIABILITY encompasses, but is not limited to, active or passive conduct, ordinary negligent rescue efforts, and ordinary negligent enforcement of rules, regulations, and guidelines, including the failure to enact or enforce such rules regulations, and guidelines. It also encompasses, without limitation, LIABILITY concerning ordinary negligent selection, use, operation, design and/or maintenance of any equipment, facility, location, or service related to the EVENTS.
3. INDEMNITY AND HOLD HARMLESS. PARTICIPANT agrees to defend, indemnify, and save and hold harmless SUPERBIKE-COACH from any loss, liability, damage or cost she/he may incur (including attorneys’ fees and court costs) arising out of or related to the PARTICIPANT’s participation in the EVENTS in any way or related to PARTICIPANT’s presence in or upon the premises, locations and facilities where the EVENTS are or will be taking place, even if caused by the ordinary negligence of SUPERBIKE-COACH. PARTICIPANT also agrees to defend, indemnify, and save and hold harmless SUPERBIKE-COACH from any loss, liability, damage or cost (including attorneys’ fees and court costs) caused by or arising out of any action or failure to act by PARTICIPANT during or in connection with PARTICIPANT’s participation in the EVENTS in any way, and/or arising out or PARTICIPANT’s improper, tortious, and/or criminal conduct.
4. NO WARRANTIES OF EQUIPMENT’S FITNESS OR SUITABILITY FOR USE. With regard to the Wheelie Course, SUPERBIKE-COACH shall furnish a single wheelie motorcycle for PARTICIPANT and other EVENT participants to receive instruction and practice on during the course. PARTICIPANT acknowledges that SUPERBIKE-COACH has made no warranties, express or implied, whatsoever about the wheelie motorcycle furnished by SUPERBIKE-COACH. There are no warranties of any kind from SUPERBIKE-COACH regarding the wheelie motorcycle’s fitness or suitability for use for any purpose.
5. EXPRESS ASSUMPTION OF THE RISK. PARTICIPANT acknowledges that the EVENTS are EXTREMELY DANGEROUS and involve the risk of serious injury, death, and/or property damage. This agreement constitutes an express and contractual assumption of all risks and dangers associated with the EVENTS, which include, but are not limited to, the risk of collisions between PARTICIPANT and/or PARTICIPANT’s vehicle and other vehicles, persons and/or stationary natural or manmade objects; being struck by objects or equipment; skidding; overturning; making sudden stops; braking or acceleration; fire; explosion; the unavailability of emergency medical care; and/or the improper acts or conduct of other persons. The EVENTS may include participants of all skill and experience levels (including both professional and amateur persons) and varying levels and types of equipment. PARTICIPANT expressly assumes the risks associated with mixed and varying skill levels and types of equipment.
PARTICIPANT also acknowledges that there may be undefined and presently unknown risks associated with the EVENTS, and that there may be dangers that may result from the ordinary negligence of SUPERBIKE-COACH. This includes the potential ordinary negligence in the implementation or enforcement of any rules, regulation or guidelines related to the EVENTS and/or the potential ordinary negligence in the selection, use, operation, design, or maintenance of any equipment, course, competition, facility or service related to the EVENTS. PARTICIPANT hereby expressly assumes all such risks and dangers whether presently known or unknown and acknowledges that injuries may be increased by ordinary negligent rescue operations or procedures.
6. EXPRESS ASSUMPTION OF DAMAGE COSTS. PARTICIPANT agrees to pay SUPERBIKE-COACH for any and all damage to the physical property and course equipment caused by PARTICIPANT.
7. This Agreement is intended to be as broad and inclusive as is permitted by law, and it is intended to be fully severable. If any portion of this agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This agreement is to be interpreted and enforced under the laws of the State of California.
I HAVE READ THIS AGREEMENT FULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME. Initial each section, acknowledging that you read and understand that section.
I intend my signature to be a complete, continuing, and uncontrolled release of all liability to the greatest extent allowed by law. I acknowledge that I was given ample opportunity to read the agreement and/or have it reviewed by legal counsel of my choice. I also acknowledge that I was offered a copy of this agreement.