RELEASE AND WAIVER OF LIABILITY AGREEMENT
Denver Racing Sim, Ltd. (“DRS”) is a Colorado Limited Liability company that provides race car training to private club members. DRS maintains a race car simulator (the “Sim”) located at 747 Sheridan Blvd. Unit 5D, Lakewood, Colorado (the “Premises”). The Sim duplicates, as closely as possible, the physical experience of driving a performance race car while projecting the virtual “race” onto one or more display screens. Use of the Sim necessarily includes sudden stops and other sudden physical and virtual movements, including but not limited to tilting, turning, bumps, twists, sudden weightlessness, and bright and/or flashing lights. The Sim is not meant to be used by anyone with an underlying medical condition, such as pregnancy or seizures, that could be triggered or affected by the types of physical and virtual experiences described above.
DRS is willing to permit the individuals accepting this Agreement to use the Premises and the Sim for the purpose of race car training and member events and competitions, upon the terms and conditions of this Agreement.
In consideration for being provided access to and use of the Premises, each person accepting this agreement hereby stipulates and agrees:
- Use of Premises. I, on behalf of myself and my minor children, understand and agree that I may only use the Premises for the purposes set forth in this Release and Waiver of Liability agreement. I, on behalf of myself and my minor children, further agree that I am responsible for the proper use and care of the Premises, the Sim and any of DRS’s property thereon, and that I will be liable for the replacement cost of any DRS property which is damaged, destroyed or lost.
- Assumption of Risk. I, on behalf of myself and my minor children, understand and acknowledge that the activities that take place on the Premises may be dangerous and may involve the risk that I, or my minor children, will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the Premises may not be supervised and that the DRS does not provide medical services. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service. I further understand that equipment, including but not limited to the Sim, used at or on the Premises may break, fail or malfunction, despite reasonable maintenance and use. Some of the equipment used at or on the Premises, including but not limited to the Sim, may inflict injuries even when used as intended. Persons using equipment may lose control of such equipment and cause injury to themselves and to others. I, ON BEHLAF OF MYSELF AND MY MINOR CHILDREN, VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO THE USE OF AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
- Physical/Mental Limitations: I represent that neither I, nor my minor children, have any physical or mental conditions that might affect my ability to safely participate in DRS events, training, or use of the Sim. I also represent that neither I, nor my minor children, will use the Premises or Sim when under the influence of alcohol or drugs.
- Release from Liability. I hereby agree, on behalf of myself and my minor children, my heirs and my personal representatives, to fully and forever discharge and release DRS and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, including but not limited to the Sim, whether caused by the negligence of DRS or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me, or my minor children, while on or using the Premises, including but not limited to the Sim.
- Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I, or my minor children, may sustain while on or using the Premises, including but not limited to the Sim.
- Photo Release. By entering the Premises, on behalf of myself and my minor children I hereby grant to DRS the irrevocable right and permission to photograph and/or record us on the Premises and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself and my minor children, waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
- Indemnification. I, on behalf of myself and my minor children, hereby agree to defend, indemnify and hold harmless DRS and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my, or my minor children’s, use of the Premises or participation in any activities on the Premises.
- Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I, or my minor children, bring onto the Premises and that DRS will not be responsible for or provide any security for my property and personal belongings.
- No Representations by DRS. I, on behalf of myself and my minor children, acknowledge that DRS makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises, including but not limited to the Sim. I, on behalf of myself and my minor children, accept and shall use the Premises in its “AS IS” condition. I, on behalf of myself and my minor children, acknowledge and agree that I am not relying upon any representation or statement by DRS or the DRS’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement.
- Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Colorado, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Denver County, State of Colorado.
- Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
- Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
- Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
- Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
- Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE, ON BEHALF OF MYSELF AND MY MINOR CHILDREN, THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO ACCEPTING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.