RallyKart Waiver

Pursuant to Area 27 policy, Rally Kart participants, including drivers aged 16 and 17, are required to complete and execute a liability waiver prior to participating in Rally Kart activities. This waiver shall remain valid for the duration of Area 27's current season.

Personal and contact information provided will be used strictly for incident response, to provide a copy of the completed document for your records, and to ensure records are accessible for administrative purposes at Area 27. This information will not be disclosed to any third party, except to Stoneridge Specialty Insurance or as otherwise required by law or for legitimate internal operational use.

This Agreement must be signed by the Participant prior to participation. The Participant acknowledges and agrees to the terms outlined in this document.

The Participant is voluntarily participating in the motor sports and the Activities of South Okanagan Motorsports Corporation dba Area 27 Motorsports. The Activities are defined as and may include, but are not limited to, orientation, instruction, practice, training, competitions, races, rides, orientational or instructional sessions or lessons, aerobic and anaerobic conditioning programs, the sport of racing, go-karting, motorcycles, race teams and clubs, driving schools, major motorsport facilities, oval track racing, drag racing, racing clubs and associations and touring events.

South Okanagan Motorsports Corporation dba Area 27 Motorsports and its directors, officers, committee members, members, shareholders, employees, contractors, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities/courses in which the Activities take place, and representatives are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during or as a result of the Activities or when caused by the negligence of the Organization.

The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including the potential for serious bodily injury, permanent disability, paralysis and loss of life.

1. Ability: failing to act safely or within the Participant's own ability or within designated areas.
2. Advice: negligent advice regarding the Activities.
3. Collisions: collisions or crashes with other racers, vehicles, barriers, obstacles or signs.
4. Contact: contact with participants, equipment, other persons or racers, including contact that may lead to serious bodily injury, concussions, brain injury or spinal injury.
5. Conduct: the Participant's conduct and conduct of other persons, including any physical altercation between participants.
6. Fire and explosions: fire, explosions and burns.
7. Health: strenuous physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, sprains and fractures, spinal cord injuries, bacterial infections, rashes, and transmission of communicable diseases.
8. Injuries: death, serious neck and spinal cord injuries, paralysis, brain damage, serious injuries to bones, joints, ligaments, muscles, tendons and other aspects of the body, concussions, closed head injury or blunt head trauma.
9. Premises: defective, dangerous or unsafe facility conditions, falls, collisions with objects, racers, vehicles or barriers, and travel to and from the premises.
10. Sport: motor racing and its inherent risks, including high speeds, wet surfaces, intrusion, fire, explosions, collisions and crashes.
11. Use of equipment: mechanical failure, negligent design or manufacture, failure to provide warnings or instructions, failure to wear protective equipment, and failure to operate equipment within the Participant's own ability.
12. Travel: travel to and from the Activities.

The Organization may be negligent, which may include failure by the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with participation in the Activities.

In consideration of the Organization allowing the Participant to participate in the Activities, the Participant agrees that the Participant is not relying on any oral or written statements made by the Organization or their agents to agree to participate in the Activities; that the Participant's mental, emotional and physical condition is appropriate to participate; to comply with the rules and regulations for participation; to comply with facility rules and directions; to remove themselves from participation if an unusual significant hazard or risk is observed; that the Organization may secure transport to emergency medical services as necessary and that the Participant shall be financially responsible for such services; and that the Participant will not participate if impaired in any way.

The Participant agrees that it is the Participant's sole responsibility to assess whether any Activities are too difficult, to choose appropriate gear and safety or protective equipment and ensure secure fitting, to notify the nearest official of unsafe conditions or deterioration in fitness or equipment, and that the Participant is fully responsible for any loss of personal property and related costs.

This Agreement will be construed and governed by the laws and courts of the Province or Territory where the Activities occur.

The Participant acknowledges and agrees to an unqualified assumption of all risks arising out of, associated with or related to participation in the Event and the Activities and waives all claims that the Participant may have now or in the future against the Organization.

The Participant accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from participation in the Activities.

The Participant forever indemnifies and releases the Organization from any and all liability for all claims, demands, actions, damages, losses, judgments and costs, including legal fees, which may arise out of, result from or relate to participation in the Activities, even though such Claims may have been caused by negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.

The Participant provides a full and final release and waiver of liability and all claims against all persons, entities and organizations associated in any way with the Organization or the Event, including track owners and lessees, promoters, sanctioning bodies, racing associations, track operators, sponsors, advertisers, car owners, participants, rescue personnel, inspectors, underwriters, consultants and others involved in recommendations, directions, instructions, risk evaluation or loss control activities.

The Participant agrees not to sue the Releasees, whether directly or indirectly, from the Participant's participation in any aspect of the Event, and to save and hold harmless the Releasees from any litigation expense, legal fees, liability, damage, award or cost of any form they may incur due to any claim made by the Participant, on the Participant's behalf or by the Participant's estate.

If any provision in this Agreement is declared invalid, the remaining provisions will be valid and enforceable to the fullest extent permitted by applicable law.

The Participant acknowledges that they have read and understand this Agreement, executed it voluntarily, and that it is binding upon themselves, their heirs, spouse, children, parents, next of kin, executors, administrators and legal or personal representatives. By signing, the Participant acknowledges they have waived their right to maintain a lawsuit against the Organization on the basis of any claims released herein.