CONSENT AND LIABILITY RELEASE TO BE READ AND SIGNED BY EACH PERSON DESIRING TO PARTICIPATE IN THE DRIVINGEVENT CONDUCTED BY MILES AHEAD
In consideration of Miles Ahead, Inc.'s ("Miles Ahead") permission to participate in Miles Ahead's Driving Event ("Program") and the Event Venue providing me access to certain premises of its grounds (“Grounds”) for the purposes of my participation in the Program, I, the undersigned, for myself, heirs, assigns and personal representatives, do hereby agree to the following:
1. I UNDERSTAND that my presence on the premises of the Grounds can expose me to dangers both from known risk and unanticipated risk. Acknowledging that such risks exist, I assume these risks including the risk of negligent conduct. I recognize that negligent conduct can cause property damage and personal injury including serious injury or death. I also recognize that my injuries and/or damages may be caused, increased, or compounded by negligent rescue operation or procedures.
2. I hereby release, waive, discharge and covenant not to sue Miles Ahead, the Event Venue, other Program Participants (as defined below), and the officers, members, owners, directors, representatives, agents, employees and affiliates of any of the foregoing (collectively, the “Miles Ahead Group”) from any and all claims or liability arising out of personal injury or property
damage suffered while on the premises of the Grounds or while participating in the Program, including, but not limited to, any claim arising out of any condition of the premises of the Grounds or the conduct of any person in connection with the preparation for, supervision of, or conduct of the Program. I specifically release each of the members of the Miles Ahead Group for their
negligence, including claims of recklessness and/or sole negligence. In signing this release, I FULLY RECOGNIZE THAT IF I AM HURT, HAVE A LOSS AS A RESULT OF AN INJURY AND/OR MY PROPERTY IS DAMAGED WHILE ON THE PREMISES OF THE GROUNDS OR WHILE PARTICIPATING IN THE PROGRAM, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY MEMBER OF THE MILES AHEAD GROUP EVEN IF THEY OR ANY OF THEM CAUSED MY INJURY OR DAMAGE BY THEIR NEGLIGENCE. As I am releasing any claim that my family, guardian, representative and/or estate might wish to make by reason of my injury or death, this provision shall specifically apply to such claims/actions on behalf of me and/or any such claims/actions resulting from my injury or death. The term, "Program Participants", shall include any person or entity that is in any way associated or connected with the Grounds or Program including but not limited to facility owners, equipment owners, promoters, racing associations, sanctioning organizations, sponsors, officials, track workers, volunteers, other drivers, safety crew members, medical personnel, equipment manufacturers and/or suppliers, course and/or car designers, inspectors, construction contractors, engineers, architects, insurers, and all persons in a restricted area.
3. I AGREE to indemnify and hold harmless each member of the Miles Ahead Group as to all lawsuits, claims, damages, costs and attorneys’ fees, including claims as to Miles Ahead Group’s sole or contributory negligence, which arise out of my violation of any provision of this Consent and Liability Release. I AGREE that this Consent and Liability Release is governed by the laws of the State of Indiana and its interpretation is subject to the exclusive jurisdiction of a court in Marion County, Indiana.
4. I UNDERSTAND AND AGREE that Miles Ahead, MINI USA, the Event Venue, and Event Sponsors, (collectively “Miles Ahead Partners”) and each of their successors, affiliates, and assigns, shall have and jointly own, in connection with the Program held on the premises of the Grounds, the right to commercially exploit such event including the use of photographs, video reproductions, audio reproductions, films or motion pictures, radio or television broadcasts and other reproductions or depictions of any such event or any portion thereof, including without limitation pictures and sound of myself alone or with others, through any and all media whether now known or hereafter discovered, and to copyright, reproduce, distribute, display, perform, sell, license or otherwise dispose of the same for any purpose whatsoever, including the advertising and exploitation thereof, together with alterations and derivative works of each of the above. I also hereby grant to Miles Ahead Partners a non-exclusive, perpetual license to use my rights of publicity for the purpose of promoting Miles Ahead Partners, either as a group or individually, and its events. I agree that I will not sell or commercially exploit any photograph, film, video, audio, depiction or reproduction of any Miles Ahead Partners’ trademarks, service marks, name, events, or other property, or assist another party in doing any of the foregoing, without prior written consent of Miles Ahead.
5. I AGREE that the privileges extended to me CANNOT BE TRANSFERRED TO ANOTHER AND CAN BE REVOKED at any time and for any reason which Miles Ahead, in its sole discretion, to be desirable, including, but not limited to, improper attire, misconduct, or misuse of any privilege granted to me.
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