WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
Ady’s Racers 2024
This Waiver of Liability and Hold Harmless Agreement (“Waiver”) is made and effective as of the date set forth below. User acknowledges and agrees this Waiver shall apply for so long as the User has access to and/or use of the Facilities prior to, during, or after the Event.
DEFINITIONS
The following definitions apply to this Waiver:
“User” means the person who signs this document and anyone who has or obtains legal rights from or through that person.
“Released Parties” shall include, but is not limited to, Ady’s Army, D.B.A. Ady’s BiG Army, and each of their respective officers, directors, managers, owners, members, shareholders, parents, subsidiaries, affiliates, partners, joint-venturers, predecessors, successors, clubs, employees, agents, assigns, lessees, lender, vendors and insurers.
“Facilities” means the Barber Motorsports Park venue in Birmingham, Alabama, for which the User is granted access and includes, but is not limited to, the Paddock, as well as all accessible buildings, parking lots, trails and any other affiliated and surrounding areas to which the User may have access. Additionally, any activities including, but not limited to, bounce houses, ride-along activities (hot laps, off-road jeeps, skid pad rides, parade laps, etc.), car shows, ice skating rink, and Drone Show.
“Claims” means any and all liabilities, losses, damages, suits, actions, claims, judgments, settlements, fines or demands of the User or any other person related to any personal injury, bodily injury, death, damage to any property, pain and suffering, medical expenses, of any cause or nature whatsoever, and any other claim of any sort, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorneys’ fees, court costs and expert fees).
“Event” means the Ady’s Racer’s event scheduled to be held on December 21, 2024, from approximately 7:00 a.m. CT to 7:00 p.m. CT including, but not limited, to participation in the Event.
WAIVER OF LIABILITY
The Released Parties hereby disclaim all liability, and the User assumes all risk arising out of or relating to any injury, death or damage occurring from User’s use of the Facilities leading up to, during or after the Event. The Released Parties are not liable for any loss or damage to any property by User and any User guests or invitees. User expressly assumes the risk of any accident or injury, including death, which may result from User’s use of the Facilities leading up to, during and after the Event.
In exchange for the opportunity to use the Facilities for the Event, and for other valuable consideration, the receipt and sufficiency of which User hereby acknowledges, User agrees to give up, release, and forever discharge any and all Claims, including Claims arising from the Released Parties own negligence. By signing this Waiver, User understands that he/she is giving up and releasing all Claims, including Claims for damages that may not have happened yet and that may be unforeseen or unexpected. User agrees that the opportunity to use the Facilities and participate in the Event is a full and fair exchange for the release of all Claims.
Further, to the fullest extent permitted by law, User does hereby covenant and agree to indemnify, defend and hold harmless the Released Parties from and against any and all Claims arising out of or in any way related to the access to and/or use of the Facilities by User, or the acts or omissions of the User, his or her guests, agents or invitees, regardless of where such Claims arise.
User understands and will follow the rules of use of the Facilities which may be communicated to User from time to time; User understands and agrees to irrevocably grant to the Released Parties, and each of their respective successors, assigns and licensees the exclusive right and authority use and publish my voice, picture, name and likeness for advertising, publicity or promotional and other purposes in connection with the Released Parties in any form, including and without limitation, newspapers, magazines, motion pictures, game programs, audio tapes, video tapes, television broadcasts and web pages. This right shall survive the termination of this Agreement. No additional compensation shall be paid or payable to the User for any right or use granted to the Released Parties by the User.
By signing this waiver, User states he/she is old enough to sign it and to be legally bound by it. User acknowledges that this is a legal contract that is binding upon User. User understands that this release of Claims is intended to be as broad and inclusive as permitted by Alabama law and that if any portion of this Waiver is held invalid, it is agreed that the balance shall continue in full legal force and effect.
RELEASE ON BEHALF OF MINOR
I agree that, if the name of a minor is filled in below, (1) this Waiver applies to the minor and anyone acting on the minor’s behalf to the same extent that it applies to me, (2) all Claims relating to the minor are released to the same extent as though the claims belonged to me, and (3) this Waiver releases all Claims of any sort that the minor and anyone acting on the minor’s behalf may have against the Released Parties arising from the minor’s participation in the Event. I have the authority to sign this Waiver on behalf of the minor and release Claims on behalf of the minor.
I HAVE READ THIS DOCUMENT CAREFULLY, AND I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS AND I ACKNOWLEDGE AND ASSUME ALL RISKS
