THE TICKETHOLDER AND/OR REGISTRANT (henceforth “HOLDER,” “ACCEPTEE” and/or “UNDERSIGNED”), IN CONSIDERATION of being permitted to enter for any purposes the race track facility at which a Lemons racing event is being held (henceforth “EVENT”) and for which ACCEPTEE is purchasing admission tickets, and to which the general public would not otherwise be entitled to be present (e.g., all areas of the race track facility, including, but not limited to, all walkways, concessions, paddock areas, parking lots, parking areas, garages, workshops, driveways, and other appurtenant areas where any activity related to the EVENT shall take place, henceforth “RESTRICTED AREAS”) and/or to participate and/or observe, on behalf of himself/herself and his/her personal representatives, assigns, heirs, and next of kin, agrees to all of the following:
- ALL TICKET SALES AND/OR REGISTRATIONS ARE SUBJECT TO THE REFUND POLICY AND THE TERMS AND CONDITIONS SPECIFIED BY LEMONS, ITS AFFILIATE(S), ITS RENTED FACILITY(IES), AND/OR ITS TICKETING SERVICE(S).
- ATTENDANCE AT THE EVENT AND/OR USE OF A PARKING AREA IS AT ACCEPTEE’S OWN RISK. Acceptee expressly ASSUMES ALL RISK incident to the EVENT, whether occurring prior to, during, or subsequent to the actual conduct of the EVENT.
- A ticket is a limited, revocable license to attend the EVENT that is specified on the ticket and is subject to ACCEPTEE’S compliance with all rules, regulations, and policies of Lemons as they exist from time to time, including, without limitation, those provided on Lemons’ website and/or in any other materials. No other rights of any kind are conveyed to the holder of any ticket. All events/activities are subject to modification, postponement, and cancellation. Lemons reserves the right to revoke any ticket, to refuse admission to (or to eject any person from) the EVENT, and/or to remove any vehicle, motor vehicle, and all related accessories either before, during, or after the event, in all cases for such reasons as Lemons deems appropriate in its sole and absolute discretion and without refund. Lemons reserves the right to conduct and/or require screenings and testing (including without limitation health screenings and testing), to release personal information about you to any government authority upon its request without inquiring about the lawfulness of the demand and without prior notice to you, and to search all ACCEPTEE’S persons, vehicles, parcels, bags, clothing, containers, packages, and motor vehicles prior to entry into the EVENT and to confiscate prohibited items and/or deny entry to the EVENT. THE HOLDER OF A TICKET IS NOT ENTITLED TO A REFUND, REPLACEMENT TICKET, OR TO PAYMENT FOR ANY DAMAGES OF ANY KIND FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE CANCELLATION, POSTPONEMENT, SHORTENING, OR OTHER ALTERATION OF THE EVENT OR ANY PORTION OF THE EVENT OR THE REVOCATION OR OTHER ALTERATION OF ANY PRIVILEGES OR ACCESS EXTENDED TO THE HOLDER IN CONNECTION WITH THE TICKET. Without limitation, all booking charges, service fees, and handling fees are non-refundable.
- ACCEPTEE ASSUMES ALL RISK AND DANGERS INCIDENTAL TO THE EVENT INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGER OF BEING INJURED BY VEHICLES PARTICIPATING IN THE EVENT.
- ACCEPTEE ACKNOWLEDGES, agrees, and represents that the ACCEPTEE has, or will immediately upon entering and continuously thereafter, inspected such RESTRICTED AREAS and does further warrant that the ACCEPTEE’s attendance and/or participation in the scheduled EVENT and entrance upon the RESTRICTED AREAS, constitutes an acknowledgement that the ACCEPTEE has inspected the RESTRICTED AREAS and that it is safe and reasonably suited for the purposes of the event, and further agrees and warrants that if, at any time, the ACCEPTEE is in or about RESTRICTED AREAS and feels anything to be unsafe, the ACCEPTEE will immediately advise the OFFICIALS of such and will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
- ACCEPTEE HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE PROMOTERS, OFFICIALS, CAR OWNERS, DRIVERS, PIT CREWS, PARTICIPANTS, RACING ASSOCIATIONS, SANCTIONING ORGANIZATIONS OR ANY SUBDIVISION THEREOF, EVENT ORGANIZERS, TRACK OPERATORS, TRACK OWNERS, SPONSORS, ADVERTISERS, THE 24 HOURS OF LEMONS, DRIVERSDOOR, INC., ANY PERSONS IN THE RESTRICTED AREAS, RESCUE PERSONNEL, SPONSORS, ADVERTISERS, LESSEES OF PREMISES ON WHICH THE EVENT IS CONDUCTED, PREMISES INSPECTORS AND EVENT INSPECTORS, SURVEYORS, UNDERWRITERS, CONSULTANTS, AND/OR OTHERS WHO OFFER RECOMMENDATIONS, DIRECTIONS OR INSTRUCTIONS, OR ENGAGE IN RISK EVALUATION OR LOSS CONTROL ACTIVITIES REGARDING THE PREMISES OR EVENT(S) OFFICIALS, CAR OWNERS, DRIVERS, PIT CREWS, PARTICIPANTS, OWNERS, AND LESSEES OF PREMISES ON WHICH THE EVENT IS CONDUCTED, PREMISES INSPECTORS AND EVENT INSPECTORS, SURVEYORS, UNDERWRITERS, CONSULTANTS, AND/OR OTHERS WHO OFFER RECOMMENDATIONS, DIRECTIONS OR INSTRUCTIONS, OR ENGAGE IN RISK EVALUATION OR LOSS CONTROL ACTIVITIES REGARDING THE PREMISES OR EVENT(S), AND EACH OF THEM, AND ALL THEIR AFFILIATES, DIRECTORS, MANAGERS, OFFICERS, MEMBERS, SHAREHOLDERS, OWNERS, DIRECTORS, AGENTS, ATTORNEYS, REPRESENTATIVES, AND EMPLOYEES, AND ALL OF EACH OF THE FOREGOING (HENCEFORTH “RELEASEES”) FROM ALL LIABILITY TO THE ACCEPTEE, THE ACCEPTEE’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ALL LOSS OR DAMAGES, AND ANY CLAIM OR DEMANDS ASSOCIATED THEREWITH FOR ANY AND ALL CLAIMS ARISING FROM THE EVENT, INCLUDING, BUT NOT LIMITED TO, ON ACCOUNT OF ANY INJURY TO THE ACCEPTEE, OR INJURY IN DEATH OF THE ACCEPTEE, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, WHILE THE ACCEPTEE IS IN OR UPON THE RESTRICTED AREA, AND/OR OBSERVING OR FOR ANY PURPOSE PARTICIPATING IN SUCH EVENT.
- ACCEPTEE HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THE ACCEPTEE MAY INCUR DUE TO THE PRESENCE OF THE ACCEPTEE AT THE EVENT, IN OR UPON THE RESTRICTED AREAS, AND/OR IN ANY WAY OBSERVING OR FOR ANY PURPOSE PARTICIPATING IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE; AND ACCEPTEE HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THE ACCEPTEE MAY INCUR DUE TO THE PRESENCE OF THE ACCEPTEE AT THE EVENT, IN OR UPON THE RESTRICTED AREAS, AND/OR IN ANY WAY OBSERVING OR FOR ANY PURPOSE PARTICIPATING IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
- ACCEPTEE HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE sustained by the ACCEPTEE due to negligence of Releasees or otherwise while the ACCEPTEE is in or upon the RESTRICTED AREAS, and/or while observing or for any purpose participating in such EVENT.
- ACCEPTEE EXPRESSLY ACKNOWLEDGES that the ACTIVITIES OF THE EVENT ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. THE ACCEPTEE also expressly acknowledges the INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
- ACCEPTEE FURTHER AGREES that the foregoing 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 law of the province or state in which the Event is conducted, and that if any portion thereof is held invalid, it is agreed that the balance, notwithstanding, shall continue in full legal force and effect.
- Without limiting the foregoing, ACCEPTEE acknowledges that by entering the EVENT there are risks of exposure, directly and indirectly, to ACCEPTEE and those with whom ACCEPTEE comes into contact, to communicable diseases including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, “COVID-19” and/or any mutation or variation thereof. Preventative measures are in place to help reduce the spread of COVID-19; however, there is NO GUARANTEE that ACCEPTEE will not be exposed to COVID-19. By entering the EVENT, ACCEPTEE, on behalf of ACCEPTEE and any minor accompanying ACCEPTEE, voluntarily assumes the potential risk and danger that ACCEPTEE and any minor accompanying ACCEPTEE may be exposed to COVID-19 and releases all RELEASEES from all claims, including negligence related to COVID-19.
I AM OVER 18 AND HAVE READ THIS RELEASE, AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING THEM. I ACKNOWLEDGE MY AGREEMENT IS MADE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE, ORAL OR WRITTEN, BEING MADE TO ME. I ACKNOWLEDGE THAT I AM PERFORMING A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.