Hamilton Indoor Go Karts Waiver
EXPRESS ASSUMPTION OF RISK, COMPLETE WAIVER AND AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT
READ THIS CAREFULLY -- IT AFFECTS YOUR LEGAL RIGHTS!
In consideration for the use, today and on all future dates, of the property, facility and services (collectively, the "Facilities") of Hamilton Indoor Go Karts. ("Hamilton Indoor Go Karts") its subsidiaries and/or related entities, I, the undersigned ("Driver"), for myself, my heirs, assigns and legal representatives, hereby expressly agree to:
1. Assume and waive notice of any and all risks arising out of or in connection with drivers use of or presence upon the facilities, including, without limitation, the risks of death, bodily injury, loss or property damage whensoever or howsoever caused including such causes as a collision between a vehicle and another vehicle, person or stationary object; skidding; overturning; sudden stops, braking or acceleration; fire or explosion; the unavailability of emergency medical car; or the negligent or deliberate act of another person;
2. Release and discharge Hamilton Indoor Go Karts and each of its successors, assigns, subsidiaries, branches, franchises, affiliates, other related entities, and officers, directors, shareholders, operators, employees and agents thereof (collectively, the "Releasees) from, and agrees not to sue any of the Releases on account or in connection with any claims, causes of action, injuries, damages, losses, liabilities, judgments, costs or expenses whensoever and howsoever caused, arising out of or in connection with Driver's use of or presence upon the Facilities, including, without limitation, those based on death, bodily injury, loss or property damage, whether caused by the negligence, act failure to act or other fault of any of the Releasees, including without limitation strict product liability or any other liability without fault,
3. Waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release like this agreement will not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of signing the release,
4. Indemnify, save harmless and defend the Releasees and each of them against any and all claims, causes of action, injuries, damages, losses, fees, wheresoever and howsoever caused, arising out of or in connection with Driver's use of or presence upon the facilities, whether caused or contributed to by the negligence, act failure to act or other fault of any of the Releasees; and
5. Pay for any and all damages to the facilities caused by the driver, negligently, willfully or otherwise.
This agreement is intended to be as broad and inclusive as is permitted by the laws of Ontario; if any portion hereof is held invalid, it is agreed that the balance will continue in full legal force and effect.
Driver Name : __________________________________________________
Date Of Birth : __________________________________________________
BY SIGNING THIS AGREEMENT: I HAVE READ AND UNDERSTOOD THIS AGREEMENT. I UNDERSTAND THAT BY MAKING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS. I DO SO FREELY AND VOLUNTARILY.
Have you driven at Hamilton Indoor Go-Karts before YES NO
SIGNATURE (Parent or Guardian if driver is under 16) : __________________________________________________
Print name if Parent or Guardian: __________________________________________________
Today’s Date: __________________________________________________