WAIVER OF LIABILITY AND RELEASE AGREEMENT
The undersigned hereby acknowledges his or her understanding that there are risks inherent in the process of learning to drive, and in driving a vehicle, and that while DRIVING SCHOOL LLC has taken and will take every precaution to minimize such risk and to maximize the safety of DRIVING SCHOOL LLC students, trainees and participants, some risks understandably remain, and cannot be controlled by DRIVING SCHOOL LLC or its teachers, employees and agents.In consideration of the above and of the undersigned participant’s (“Participant”) attendance at and / or participation in a DRIVING SCHOOL LLC’s training program, Participant hereby agrees as follows:
"Participant” means any person or persons, including me, present for any purpose whatsoever at, or participating in any way in connection with, any event, school or other activity sponsored by or in any manner relating to DRIVING SCHOOL LLC.
“Inherent dangers and risks of driving and riding” means those dangers or conditions which are in any way related to driving and riding motorized vehicles, such as speed; weather conditions as they exist or many change (such as dust, rain, ice, snow, route conditions); natural and man‐made objects and things, and collisions with such objects and things; impact with barriers, signs, posts, fences or enclosures, hydrants, water pipes, man‐made structures and their components; variations in steepness, terrain or road surface conditions, whether natural or as a result of design or maintenance operations, including but not limited to access roads, run‐off areas and terrain modifications; collisions with other Participants; and, the failure of Participants to drive or ride with reasonable care.
1. I UNDERSTAND that it is my duty and responsibility to knowing the range of my own ability to control the vehicle I am operating, negotiate the course I am driving or riding, and to do so within the limits of such ability.
2. I WILL HEED ALL POSTED INFORMATION and other warnings, and will refrain from acting in a manner that may cause or contribute to the injury of others.
3. I ACCEPT AND ASSUME THE RISK OF, AND ALL LEGAL RESPONSIBILITY FOR, all injuries to persons or property resulting from any of the inherent dangers and risks of driving and riding, including the risk of injury to my or anyone else’s person or property resulting from another driver’s or rider’s acts or omission
IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN AN DRIVING SCHOOL LLC LEARNING EXPERIENCE, I HEREBY RELEASE, WAIVE,DISCHARGE AND COVENANT NOT TO SUE DRIVING SCHOOL LLC, AND ITS OFFICERS, DIRECTORS, OFFICIALS, INSTRUCTORS, REPRESENTATIVES,AGENTS AND EMPLOYEES, AND THE OWNERS AND LESSEES OF THE PREMISES AT WHICH I DRIVE OR RIDE, AND THE PROMOTERS, AND THE TRACK OPERATORS, OWNERS, VEHICLE OWNERS, DRIVERS, RIDERS, PIT CREWS, SPONSORS, ADVERTISERS AND OTHERS INVOLVED IN ANY WAY, AND ALL CORNER WORKERS, OFFICIALS AND OTHER EMPLOYEES AND AGENTS FOR ANY PURPOSE (HEREIN REFERRED TO AS “RELEASEES”), FROM AND FOR ALL LIABILITY TO ME, AND TO MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR:
1 ALL LOSS, DAMAGE OR CLAIM OR DEMAND ON ACCOUNT OF INJURY TO ME OR MY PERSONAL PROPERTY FROM ANY CAUSE
2 ALL LOSS, DAMAGE OR CLAIM, OR DEMAND ON ACCOUNT OF, OR RESULTING IN, MY INJURY, DEATH, LOSS OF LIMB(S) OR PERMANENT DISABLEMENT, AND WHETHER CAUSE BY THE NEGLIGENCE OF THE RELEASEES, OR OTHERWISE, WHILE I AM DRIVING OR RIDING, OR AM IN, UPON OR ABOUT ANY AREA IN WHICH I OR OTHERS ARE ENGAGED IN ANY ACTIVITY, OR ARE PARTICIPATING, COMPETING, OFFICIATING, OBSERVING OR WORKING FOR ANY PURPOSE ASSOCIATED IN ANY WAY WITH ALL EDUCATIONAL EVENTS OR EXPERIENCES.
I further expressly agree that the foregoing Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the province or state in which the driving or riding I will do takes place, and if any portion of this agreement is held invalid, the balance shall continue in full legal force and effect.
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