Regardless of who is at fault in a case of alleged negligence, protection of the organizers and officials is paramount to the survival of our sport.
Several folks have stated that waivers are not worthwhile.
In the motorsport industry, we rely heavily on waivers and they are frequently “tested”.
We carry event insurance which is similar to regatta insurance. This policy protects the organizers, sponsors, spectators, workers, property owners, etc. from any action caused by the competitors.
Here is an example of our waiver:
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT FOR ALL HSR/SVRA EVENTS – 2009 SEASON
IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in ANY
HSR/SVRA organized, sanctioned, promoted, or related events or activities (“Events”) for and during the calendar year
of 2009 or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special
authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or
prohibited), on behalf of myself, my personal representatives, heirs, and next of kin:
1. I acknowledge, agree, and represent that I have or will immediately upon entering any of such RESTRICTED AREAS, and
will continuously thereafter, inspect the RESTRICTED AREAS which I enter, and further agree and warrant that, if at any
time, I am in or about RESTRICTED AREAS and I feel anything to be unsafe, I will immediately advise the officials of
such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
2. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE HSR/SVRA, its parent subsidiary, or
affiliated corporations or entities and/other racing associations or series, sanctioning organizations or any subdivisions
thereof, track operators, track owners, participants, officials, car owners, drivers, pit crews, rescue personnel, any persons
in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the
EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations,
directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) their
parents, subsidiaries, wholesalers, and affiliated corporations and each of them, their directors, officers, agents and
employees, all for the purposes herein referred to as “Releasees”, FROM ALL LIABILITY TO ME, my personal
representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR
DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN MY
DEATH ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF
THE RELEASEES OR OTHERWISE.
3. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from
any loss, liability, damage, or cost they may incur due to claims brought against the Releasees arising out of my injury or
death or damage to my property while I am in the RESTRICTED AREAS and/or while competing, practicing, officiating,
observing or working for or for any purpose participating in the EVENT(S) whether caused by the NEGLIGENCE OF
RELEASEES or otherwise.
4. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY
DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCEOF RELEASEES or
otherwise.
5. I HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of
serious injury and/or death and/or property damage. I also expressly acknowledge that INJURIES RECEIVED MAY BE
COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE
RELEASEES.
6. I HEREBY agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all
acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad
and inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted and that if any
portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. I HEREBY agree this Agreement shall be binding upon and enforceable against me, my Personal representatives, spouse,
assigns, heirs, and next of kin without limitation and shall be in full force and effect for all EVENT(S) during the calendar
year.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL
RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT,
ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
READ CAREFULLY BEFORE SIGNING (PLEASE PRINT CLEARLY)
APPLICANT Legal Signature: ___________________________________________________ Date: _______________________
Applicant Printed Name: _________________________________________________________ Date of Birth __________________
Subscribed and sworn to at ___________________________________ before me this _______ day of _____________A.D. 20 _____
______________________________________________________
Signature of Witnessing Notary Public
______________________________County, State of _________
My Commission Expires: _______________________________ SEAL