I desire to participate in Road Rally events (the “Activity”) provided by Road Rally Inc. dba Riddler Road Rally, a Utah corporation (the “Road Rally”). As lawful consideration for being permitted by Road Rally to participate in the Activity, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF ROAD RALLY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF ROAD RALLY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against Road Rally, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of Road Rally or any Releasees or otherwise. I covenant not to make or bring any such claim against Road Rally or any other Releasee, and forever release and discharge Road Rally and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless Road Rally and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by indemnified party, arising out or resulting from any claim of a third party related to my participation in the Activities.
This Release constitutes the sole and entire agreement of Road Rally and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Road Rally and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Salt Lake County, Utah and I hereby consent to the exclusive jurisdiction of such courts.