Liability Waiver
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (the "Agreement") by and between Velocity Racing LLC, a Florida limited liability company with its principal place of business located at 382 NE 191 Street Suite #458498 Miami, FL 33179 (hereinafter referred to as "Velocity Racing" and the individual or entity executing this Agreement, as identified below (hereinafter referred to as "Participant").
WHEREAS, Velocity Racing operates a mobile sales platform using a truck and trailer to sell products (parts) and services at events across the United States (the "Premises" and "Activities"); and
WHEREAS, Participant desires to enter the Premises and participate in the purchase of products activities, and services offered by Velocity Racing.
NOW, THEREFORE, in consideration of Velocity Racing granting Participant access to the Premises and permission to participate in the activities, purchase of products and services for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Use of Premises
Participant is granted a limited, revocable license to enter the Premises and participate in the purchase of products and services, as well as Activities, subject to the terms and conditions of this Agreement. Please note that Velocity Racing reserves the right to revoke this license at any time, with or without cause, at its sole discretion.
2. Assumption of Risk
By using products and services provided by Velocity Racing, the Participant assumes all associated risks. The Participant acknowledges and agrees that purchasing products and services, as well as participating in Activities, involves inherent risks, dangers, and hazards. These risks may lead to injury, death, illness, disease, or property damage.
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Such risks include:
- Accidents involving vehicles
- Equipment malfunctions
- Physical exertion
- Exposure to hazardous materials
- The Participant fully and unconditionally assumes all such risks, dangers, and hazards, whether known or unknown. The Participant accepts full responsibility for any losses, costs, or damages incurred as a result of using the Premises and/or participating in the Activities.
3. Release from Liability
Participant, on behalf of himself/herself/itself, and his/her/its heirs, assigns, personal representatives, executors, administrators, and legal representatives, hereby voluntarily and forever releases, discharges, waives, and covenants not to sue Velocity Racing, its officers, directors, members, managers, employees, agents, volunteers, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments, and liabilities, of whatever kind or nature, in law, equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, including but not limited to claims for negligence, gross negligence, or reckless conduct, that Participant may have or hereafter acquire against the Released Parties, arising out of or in any way connected with Participant's use of the purchase of products and services Premises and/or participation in the Activities.
4. Indemnification
Participant agrees to indemnify and hold Velocity Racing harmless against any claims arising from their use of the products or services, presence on the Premises, or participation in the Activities. Specifically, Participant agrees to defend, indemnify, and hold harmless Velocity Racing, its affiliates, officers, directors, employees, agents, and other representatives (collectively, the "Released Parties") from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
- The purchase of products and services.
- The Participant's use of the Premises and/or participation in the Activities.
- Any act or omission of the Participant.
- Any breach of this Agreement by the Participant.
- The Participant's failure to comply with any applicable laws, regulations, or industry standards.
5. Disclaimer of Warranties
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No Warranties.
- All products and services provided by Velocity Racing are offered on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Velocity Racing expressly disclaims all warranties and conditions, whether express, implied, or statutory. Furthermore, this disclaimer applies to all parts consumed or broken prior to, during, or after any race, as well as any and all repairs, damage, or service.
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Specific Disclaimers. Without limiting the foregoing, Velocity Racing specifically
disclaims all warranties, whether express or implied, including but not limited to:
- Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.
- Any warranties arising out of course of dealing, usage, or trade; and
- Any warranties regarding the accuracy, reliability, or completeness of any information or content provided through the products or services.
- Jurisdiction: This disclaimer of warranties shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
- Acknowledgment: Participant acknowledges and agrees that it has not relied on any representation, warranty, or statement made by Velocity Racing which is not expressly set out in this Agreement.
- Limitation: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to Participant.
- Survival: This disclaimer of warranties shall survive the termination or expiration of any agreement between Velocity Racing and Participant.
- Participant agrees and understands that any attempt to bring a warranty claim against Velocity Racing in any jurisdiction other than Florida shall be deemed null and void.
6. Compliance with Laws and Industry Standards
Participant agrees to comply with all applicable federal, state, and local laws, regulations, ordinances, and industry best practices while purchasing the products and services, using the Premises and participating in the Activities. This includes, but is not limited to, adherence to safety protocols, proper use of equipment, and compliance with all posted rules and regulations.
7. Insurance Requirement and Assumption of Risk Without Insurance.
Participant agrees to maintain, at Participant's sole expense, appropriate insurance coverage, including but not limited to general liability insurance and personal injury insurance, with minimum coverage limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. Participant shall provide Velocity Racing with a certificate of insurance evidencing such coverage upon request. If Participant does not maintain such insurance coverage, Participant expressly acknowledges and agrees that they assume all risks, including but not limited to financial risks, associated with their purchase of products and services, use of the Premises and/or participation in the Activities. Participant further agrees that they shall be solely responsible for any and all costs, damages, or liabilities arising from their purchase of products and services, participation in the Activities or use of the Premises without such insurance coverage.
8. Alternative Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 90 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida, and shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
9. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provisions. Subject to the alternative dispute resolution provisions set forth in Section 7, any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Miami-Dade County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
10. Severability
If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The parties agree that if any provision is deemed unenforceable, it shall be modified to the extent necessary to make it enforceable.
11. Entire Agreement
Modification; Binding Effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether oral or written. This Agreement may not be modified, amended, or supplemented except by a written instrument signed by both parties. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, assigns, and legal representatives.
12. Waiver
No waiver of any provision of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by either party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.
13. Counterparts and Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
14. Acknowledgment
Participant acknowledges that he or she has carefully read this Agreement, understands its contents, and signs it voluntarily and without any coercion or undue influence. Participant further acknowledges that this Agreement affects Participant's legal rights, and that Participant has been advised to consult with an attorney prior to signing this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written below.
VELOCITY RACING LLC
PARTICIPANT
Age Requirement. The undersigned party hereby represents and warrants that they are at least eighteen (18) years of age or older at the time of entering into this Agreement.
If Participant is under 18 years of age
I, the undersigned, hereby certify that I am the parent or legal guardian of the Participant named above, and I do hereby give my consent without reservation to the foregoing on behalf of this individual.