Waiver

ASSUMPTION OF RISKS: Dream Racing™ (“Participant”) understands that operating a car at or near the speeds at which it is capable on the Las Vegas Motor Speedway (“LVMS”) presents inherent and inevitable risks that can never be completely eliminated. Factors beyond the control of Dream Racing™ will affect the operational safety of the vehicle and the LVMS track 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 Dream Racing™ and/or the LVMS of inspections, maintenance procedures, and repairs; (c) weather, lighting, and track conditions; (d) the presence of other operating cars; (e) the presence of other drivers, (f) the health, physical and mental condition of the driver and (g) the speed at which a car is driven.

PARTICIPANT UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH ANY GOODS OR SERVICES OF DREAM RACING™ INCLUDING THE DRIVING EXPERIENCE, WHETHER DURING DRIVING AND/OR WHILE ON THE TRACK OR PREMISES OF THE LVMS AND/OR DREAM RACING™. Participant further understands that a driver may lose control while operating the motor vehicle and he assumes and accepts all risks associated with this or any other risk.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE: Participant and his heirs, affiliates and representatives, past, present and future successors, assigns, members, partners, servants, agents, employees, spouses, partners, attorneys, insurers, executors, administrators, associates and any other related persons, corporations, firms or entities, whether known or unknown, hereby release and covenant not to sue Dream Racing™ or its affiliated entities, its respective divisions, subsidiaries, affiliated and related companies, past, present and future predecessors, successors, assigns, officers, directors, shareholders, principal’s members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities whether known or unknown, for any and all damages, liabilities, causes of action, judgments and any and all claims arising under, arising out of, or related to Participant’s use and operation of the vehicle or participation in the driving experience, including but not limited to, claims or actions for personal injury, loss of consortium, death and property damage, whether now existing or arising in the future.

INDEMNITY. Participant further hereby agrees to indemnify and hold Dream Racing™ , or its affiliated entities, its respective divisions, subsidiaries, affiliated and related companies, past, present and future predecessors, successors, assigns, officers, directors, shareholders, principals members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities whether known or unknown, as well as any joint tort-feasors, and their respective divisions, subsidiaries, affiliated and related companies past, present, and future predecessors, successors, assigns, officers, directors, shareholders, principals, members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities, whether known or unknown, harmless from any and all damages, liabilities, causes of action, judgments and any and all claims arising under, arising out of, or related to participant’s use and operation of the vehicle or participating in the driving experience, including but not limited to, claims or actions for personal injury, loss of consortium, death and property damage, whether now existing or arising in the future, as well as from any fees, expenses, or costs of any kind, including reasonable attorney’s fees, incurred in connection with any damages, liabilities, causes of action, judgments and claims brought, claimed or asserted at any time after the execution of this document on account of the participation in the driving experience.

ON THE SPEEDWAY RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Participant shall be required to sign a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“LVMS Release and Waiver”) at the Las Vegas Motor Speedway prior to participating in any experience.  In the event of conflict of terms between the LVMS Release and Waiver and the language contained herein, the LVMS Release and Waiver shall govern.

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