RACE VEHICLE REMOVAL AGREEMENT This is an agreement between South Okanagan Motorsports Corporation (“SOMC”), DBA Area 27, and the Owner of the Vehicle named in the online form above (“Owner”) for the purpose of permitting SOMC staff and contractors the ability to remove the Ownerʼs vehicle (“Motorsports Event”) from the Area 27 circuit during the Members Club Racing. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY! I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES: 1.AN UNQUALIFIED ASSUMPTION BY ME OF ALL RISKS associated with my participation in the Motorsports Event even if arising from the negligence or gross negligence, including any compounding or aggravation of damage caused by negligent rescue operations or procedures, of the Releasees, as that term is defined below, and any persons associated therewith or otherwise participating in the Motorsports Event in any capacity; and 2.A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have, or may in the future have, against SOMC, staff and contractors associated in any way with the Motorsports Event including the track owners and lessees, promoters, sanctioning bodies, racing associations, or any subdivision thereof, track operators, sponsors, advertisers, car owners and other participants, rescue personnel, Motorsports Event inspectors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation and loss control activities, regarding the Motorsports Event or Motorsports Event premises, or any one or more of them and their respective directors, officers, employees, guides, contractors, agents and representatives (all of whom are collectively referred to as "the Releasees") from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my use of or my presence at the Motorsports Event facilities or my participation in any part of, or my presence in any capacity at, the Motorsports Event, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES. 3.AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the removal of my vehicle, or one I am using, and 4.AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or anyone of them by me or on my behalf, or that of my estate, whether the claim is based on the negligence or the gross negligence of the Releasees or otherwise as stated above. 5.AN AGREEMENT that this document be governed by the laws, and in the courts, of the Province in which the Motorsports Event occurs. I have read and understand this agreement and I am aware that by signing this agreement I am waiving certain substantial legal rights which I and my heirs, next of kin, executors, administrators, and assigns may have against the releasees. Witness, participant and signature fields are completed in the online form above.
