WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
Event: Off-Road Rally
Event Dates: December 6 - 8, 2024
Location: Johnson Valley, California
Organizer(s): Sons of Smokey, Gambler 500, LLC, and Hammer King Productions
PARTICIPANT RELEASE OF LIABILITY
In consideration of being permitted to participate in the Off-Road Rally Event (“Event”), I, the undersigned, on behalf of myself, my heirs, assigns, personal representatives, and next of kin, hereby agree to the following terms:
1. ASSUMPTION OF RISK
I understand that participating in an off-road rally is a hazardous activity and involves inherent risks, including but not limited to, vehicle collisions, mechanical failures, rough terrain, inclement weather, property damage, personal injury, and death. I knowingly and freely assume all such risks, whether known or unknown, even if arising from the negligence of the Released Parties (as defined below), and I accept full responsibility for my participation.
2. RELEASE AND WAIVER OF LIABILITY
I hereby release, discharge, and hold harmless Sons of Smokey, Gambler 500, LLC, Hammer King Productions, their respective owners, officers, directors, employees, volunteers, agents, sponsors, affiliates, and any other parties associated with the Event (collectively, “Released Parties”), from and against any and all claims, demands, liabilities, damages, injuries, actions, or causes of action, of any kind or nature, whether known or unknown, arising out of or in connection with my participation in the Event.
3. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, causes of action, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to my participation in the Event, including but not limited to claims of other participants, spectators, or third parties for injuries or damages caused by me.
4. MEDICAL RELEASE
I certify that I am physically fit and capable of participating in the Event and that I have no medical condition that could jeopardize my safety or the safety of others. In the event of an emergency, I authorize medical treatment to be provided as deemed necessary.
5. PHOTO AND MEDIA RELEASE
I grant permission for the Event organizers to capture my image, likeness, and voice in any photographs, video recordings, or other media during the Event and to use such media for promotional, advertising, or other purposes without compensation to me.
6. GOVERNING LAW AND VENUE
This Waiver shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under this Waiver shall be resolved in the appropriate courts of California.
7. SEVERABILITY
If any provision of this Waiver is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. ACKNOWLEDGEMENT OF UNDERSTANDING
I have read this Waiver in its entirety, fully understand its terms, and agree to be bound by it. I acknowledge that I am signing this Waiver freely and voluntarily and intend my signature to constitute a complete and unconditional release of all liability to the fullest extent allowed by law.
Participant Name (Print): _______________________________________
Participant Signature: _________________________________________
Date: ___________________
Emergency Contact Name and Phone: _____________________________
This waiver is intended to ensure the safety of all participants, organizers, and third parties. All participants must sign this waiver before taking part in the Event.