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Waiver for Drivers participating in “Run at the Sun”.
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER/GRANT OF CERTAIN LEGAL RIGHTS.
As lawful consideration for being permitted by Connecticut Autocross & Rally Team, Inc and/or any of its affiliated organizations (collectively referred to as “CART”), to participate in driving competition, Run at the Sun, to be held at Mohegan Sun, a casino resort owed by the Mohegan Sun Tribe of Indians of Connecticut (the “Tribe”) with the Mohegan Tribal Gaming Authority, having authority to act on behalf of the Tribe, I acknowledge, appreciate, and agree that:
1. I, _____________________________________, am eighteen (18) years old or older; and
2. The risk of injury from the activity and equipment involved in the Event is significant, including the potential for serious personal injury and or property damage such as permanent disability and death, and, while protective equipment and personal discipline will minimize this risk, the risk of serious injury still does exist and is considerable; and
3. I freely accept and voluntarily ASSUME ALL RISKS OF PERSONAL INJURY OR DEATH or property damage which results in any way from factors including, but not limited to: negligence of persons; conditions on or about the premises and facilities; the operation of the equipment; transportation; any other operations associated with the Event; actions or omissions of employees or agents of CART, actions or omissions of the owners and lessors of the premises used to conduct the Event, or actions or omissions of other participants, pedestrians or spectators; and
4. I understand that the activities involved in the Event are physically and mentally intense and acknowledge that I am physically fit and sufficiently trained for such activities. I understand the rules of play and will comply with all such rules and regulations; and
5. I release and indemnify CART, the owners and lessors of the premises used to conduct the Event, including the Tribe, MTGA and their respective parents, subsidiaries and affiliates, their respective officers, members, directors, agents, servants, and employees, of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me while participating in the Event, including, but not limited to, those injuries and damages caused by the negligence and or breach of warranty, express or implied, on the part of CART, the Tribe, MTGA; and
6. By execution of this release, CART, the Tribe, the MTGA and the owners and lessors of the premises used to conduct the Event shall be indemnified by me for any injury to other person(s) or property, which I may cause as a result of my participation in the Event; and
7. I authorize any employee or agent of CART or the owners and lessors of the premises including the Tribe and the MTGA used to conduct the Event and/or its authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital, CART and the owners and lessors of the premises used to conduct the Event shall not have any further responsibility for me. Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold CART and the owners and lessors of the premises used to conduct the Event harmless of and from any costs incurred therein; and
8. I give consent to CART, its agents and representatives, to disclose medical information related to me pertaining to my health and well-being. I understand that disclosures to the media will be limited to the status of injuries and the ability to participate in the competition; and
9. I grant, in perpetuity [or for a period of at least fifty (50) years] to CART, its parent, subsidiaries, related companies, licensees, successors and assigns and authorized photographers acting on their behalf, the right to create, use, publish and obtain copyright in my Photograph(s) (which term shall include all video, motion, still, graphics or digital images or images in any media or form, as well as my name, voice, picture, portrait or likeness) that are made in connection with the Event, in all media (whether motion picture, radio, or any form of television) and for all purposes; and
10. I agree that all Photographs, and all copyright in same taken and/or used by or on behalf of CART are owned by CART. If I should receive any print, negative, tape or other copy thereof, I shall retain it for my personal use only, and shall not license or authorize its use by anyone else, for commercial or private purposes. I agree that I have no right of approval and no advertisement or other material need be submitted to me for any further approval. I further agree that CART has the right to make modifications, derivative works, composites, variations and any other use it wishes of the Photographs, and has no responsibility or liability to me for any such use or resulting publication of my Photograph. Nothing herein constitutes any obligation of or promise by CART to make use of any Photographs; and
11. In the event that any section of this release, including all waivers and grants, is found to be unenforceable, the remaining terms shall be fully enforceable; and
12. This release, including all waivers and grants, shall be binding to the fullest extent permitted by law; and
13. This release, including all waivers and grants, shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives, and administrators and may be pled by CART and the owners and lessors of the premises used to conduct the Event as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of myself.
14. I have discussed this Release with an attorney or have been advised of my right to discuss this
Release with an attorney and have chosen not to do so or I am proceeding after such consultation with my attorney. __________ Initial
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, INCLUDING ALL WAIVERS AND GRANTS, UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL AND
WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I AM OF 18 YEARS OF AGE OR OLDER. I HAVE BEEN ADVISED THAT I MAY SEEK MY OWN LEGAL COUNSEL IN REVIEWING THIS AGREEMENT.
Executed this ____ day of ______________, ________. (insert day, month, year)
Signature of Participant: _____________________________________________________________
Name of Participant (please print): _____________________________________________________
Home Address: ___________________________________________________________________
Emergency Contact/Telephone Numbers: ________________________________________________
FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release, waiver and grant as provided above for CART, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless CART from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF CART, to the fullest extent permitted by law. I also agree that all Photographs, and all copyright in same taken and/or used by or on behalf of CART are owned by CART.
Signature of Parent/Guardian: