Release of Liability
Release of Liability and Covenant Not to Sue.
- Assumption of Risk. Purchaser understands that driving the cart at or near the speeds at which it is capable presents inherent and inevitable risks which can never be completely eliminated. Factors beyond the control of Dynamic Carts will affect the operational safety of the Car under these conditions. Such factors include, but are not limited to: (a) the skill and experience of the driver; (b) the performance by or on behalf of Purchaser of inspections, maintenance procedures, and repairs; (c) weather, lighting, and track conditions; (d) the presence of other operating Cars; and (e) the speed at which the cart is driven. PURCHASER UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH MOTOR VEHICLE RACING AND HIGH-SPEED DRIVING. Purchaser further understands that the operator may lose control when driving the cart under racing conditions, and Purchaser accepts all risks associated with any such resulting loss of control.
- Release and Covenant Not to Sue. PURCHASER AND HIS/HER SPOUSE, HEIRS, LEGAL REPRESENTATIVES, ASSIGNS, NEXT OF KIN AND INSURERS HEREBY RELEASE AND COVENANT NOT TO SUE DEALER AND DYNAMIC CARTS, AND THEIR RESPECTIVE PARENT, SUBSIDIARY, AFFILIATED COMPANIES, AND JOINT TORT-FEASORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL DAMAGES, LIABILITIES, CAUSES OF ACTION, JUDGEMENTS, AND CLAIMS FOR PERSONAL INJURY, DEATH AND PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE USE OF THE CAR, WHETHER NOW EXISTING OR ARISING IN THE FUTURE.
- Indemnity. Purchaser further hereby agrees to indemnify and hold Dealer and Dynamic Carts and their respective parent, subsidiary, affiliate companies and joint tort-feasors, and their respective officers, directors, and employees, harmless from and against any and all damages, liabilities, causes of action, judgments, and claims for personal injury and property damage, and from any fees, expenses, or costs of any kind, including reasonable attorneys’ fees, incurred in connection with any 2 damages, liabilities, causes of action, judgments, and claims brought, claimed, or asserted at any time on account of the use of the Car.
- The foregoing Release, Covenant Not to Sue, and Indemnity are given in recognition of the inherent dangers of motor vehicle racing and high-speed driving and with the knowledge that Purchaser or third parties could be injured or killed during the use of the cart. The Release, Covenant Not to Sue and Indemnity are intended to protect the released and/or indemnified parties should the Purchaser or a third party later raise claims of negligence, defective design, defective manufacture, failure to warn, or conditions which otherwise would support the imposition of compensatory or punitive damages.