WAIVER OF LIABILITY AND RELEASE AGREEMENT
By booking a class with Drift 101, I, including all in my party, hereby acknowledge that as student(s), participant(s), and spectator(s) there are risks inherent in the process of learning to drift and in drifting a vehicle, and that while DRIFT 101 LLC has taken and will take every precaution to minimize such risk and to maximize the safety of DRIFT 101 LLC students, participants, and spectators, some risks understandably remain, and cannot be controlled by DRIFT 101 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 DRIFT 101 LLC’s training program, Participant hereby agrees as follows:
1) I hereby knowingly and voluntarily waive any and all liability on the part of, and covenant not to sue or institute any claim against DRIFT 101 LLC, its agents, instructors, insurers, lessors, successors, or assigns, or of any sponsor (collectively “DRIFT 101 LLC”), resulting from or arising out of or in connection with my attendance at and/or indemnify and hold harmless DRIFT 101 LLC from any and all claims, demands or causes of action, which allege negligent acts or omissions of DRIFT 101 LLC, unless such negligent acts or omissions are found by a court of law to constitute willful, wanton or gross negligence.
2) I and all members of my party acknowledge that we must accept and assume all of the risk and liability of our individual actions and responsibilities, and those existing in this type of training activity. I and all member of my party therefore accept and assume full responsibility for our actions during all DRIFT 101 LLC training, and during such time periods and locations which are within the scope of such training (including but not limited to tracks, parking lots, etc.).
3) I acknowledge that my or my party’s failure to abide by the terms and conditions may result in termination of this waiver of liability and release agreement and immediate dismissal from the drifting education program. In the event of such dismissal, all fees paid to DRIFT 101 LLC shall be non-refundable.
4) Except as set forth in section 4 above, this waiver of liability and release agreement may be terminated at any time by mutual consent of both parties, or by either party upon seven (7) days’ notice in writing and delivered by certified mail or in person to the party.
5) Should DRIFT 101 LLC or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, Participant agrees to indemnify them for all such fees and costs.
In consideration of the above and of the undersigned participant’s (“Participant”) attendance at and / or participation in a DRIFT 101 LLC’s training program, Participant hereby agrees as follows:
1) I hereby knowingly and voluntarily waive any and all liability on the part of, and covenant not to sue or institute any claim against DRIFT 101 LLC, its agents, instructors, insurers, lessors, successors, or assigns, or of any sponsor (collectively “DRIFT 101 LLC”), resulting from or arising out of or in connection with my attendance at and/or indemnify and hold harmless DRIFT 101 LLC from any and all claims, demands or causes of action, which allege negligent acts or omissions of DRIFT 101 LLC, unless such negligent acts or omissions are found by a court of law to constitute willful, wanton or gross negligence.
2) I and all members of my party acknowledge that we must accept and assume all of the risk and liability of our individual actions and responsibilities, and those existing in this type of training activity. I and all member of my party therefore accept and assume full responsibility for our actions during all DRIFT 101 LLC training, and during such time periods and locations which are within the scope of such training (including but not limited to tracks, parking lots, etc.).
3) I acknowledge that my or my party’s failure to abide by the terms and conditions may result in termination of this waiver of liability and release agreement and immediate dismissal from the drifting education program. In the event of such dismissal, all fees paid to DRIFT 101 LLC shall be non-refundable.
4) Except as set forth in section 4 above, this waiver of liability and release agreement may be terminated at any time by mutual consent of both parties, or by either party upon seven (7) days’ notice in writing and delivered by certified mail or in person to the party.
5) Should DRIFT 101 LLC or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, Participant agrees to indemnify them for all such fees and costs.