Thank you for your purchase of Racers360’s Online Video Analysis services (referred to here as “Services.”) The following terms and conditions shall apply with respect to your purchase of the Services. Please read this carefully. By clicking the “I Agree” button, below, you are agreeing to these terms and conditions.
You understand, acknowledge and accept that participation in motorsports activities, including without limitation driving a vehicle on a racetrack or driving a performance vehicle such as a racecar, collectively referred to her as “Motorsports Activities,” is/are an inherently dangerous activity which could lead to property damage, injury and/or death to you and/or third parties, and you hereby assume the risk, without limitation or exception, for any and all injury and/or damage that may result of your participation and involvement Motorsports Activities, including injuries to you caused by third parties.
You, on your own behalf and on behalf of your spouse, personal representatives, assigns, issue, heirs and next of kin, hereby waive, release, discharge and covenant not to sue Racers360, LLC, its directors, officers, members, managers, agents, employees, contractors and/or those working on or purporting to work on its behalf, all for purposes, herein referred to as “Releasees,” from any and all claims, damages, lawsuits, liabilities, loss or damage, and any claim or demands therefore, on account of injury to any person or property or resulting in death whether caused by the negligence of Releasees or otherwise.
You hereby agree to indemnify and hold harmless Racers360, LLC, its directors, officers, members, managers, agents, employees, contractors and/or those working on or purporting to work on its behalf, from any and all liabilities, claims, lawsuits, loss or damage related to your participation in any Motorsport Activities or in any way related to the Services.
You understand, acknowledge, agree and represent that the you have, or will immediately upon commencing participation in Motorsports Activities and continuously thereafter, carefully inspect such facility at which the Motorsports Activity is occurring, and does further warrant that the your participation in the event and entrance upon any restricted areas for performing or engaging in any Motorsports Activities, constitute an acknowledgement that the undersigned has inspected the RESTRICTED AREA and that it is safe and reasonably suited for the purpose of the RACING PROGRAM, and further agrees and warrants that if, at any time the undersigned is in or about RESTRICTED AREAS and feels anything to be unsafe, the Undersigned will immediately advise the OFFICIALS of such and will leave the RESTRICTED AREAS.
You understand, acknowledge, agree and represent that the undersigned has inspected his/her vehicle and does further warrant that the Undersigned's participation in the scheduled event and entrance upon the RESTRICTED AREA, constitute an acknowledgement that the undersigned has inspected his/her vehicle and that it is safe and reasonably suited for the purpose of the RACING PROGRAM, and further agrees and warrants that if, at any time the undersigned is in his/her vehicle and feels anything to be unsafe, the Undersigned will immediately advise the OFFICIALS of such and will immediately cease operating his/her vehicle.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICALE LAW, RACERS360, LLC EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES. LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER ALLEGED LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER BASIS.
DISCLAIMER OF WARRANTIES. RACERS360, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED. Some U.S. states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You understand, acknowledge and 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 Services are provided or viewed, or where 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.
THE UNDERSIGNED 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. EACH OF THE UNDERSIGNED also expressly acknowledges the INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.