Description and location of scheduled event(s): Apex Driving Events LLC. - Sebring International Raceway - March 1st & 2nd 2023 RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited, including but not limited to the competition area and any hot pit area), EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin:
1. Acknowledges, agrees and represents that he/she has or will immediately upon entering any such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and will leave the RESTRICTED AREA prior to the event.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning or administrative organizations or any affiliated entities thereof, track operations, track owners, officials, car owners, drivers, pit crews, rescue personnel, and any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners, lessors and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, brokers, consultants and others who give recommendations, directions, or instructions, or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and for each of them, their directors, officers, agents, and employees, all for the purposes herein referred to as “Releasees”, FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3.HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST INCLUDING BODILY INJURY OR PROPERTY DAMAGE they may incur arising out of my presence or participation in the EVENT(S) whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of the UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreements 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 laws of the Province or State in which the EVENT(S) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST ALLOWED BY LAW. COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in anyway in the EVENT(S), I for myself, my personal representatives, heirs, and next of kin: 1. Affirm that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to the virus commonly referred to as COVID-19) within the past thirty days;
2. Acknowledge that I am aware that by entering the premises and participating in the EVENT(S) that there are risks to me and to those with whom I interact of exposure, directly or indirectly, to communicable disease(s) 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;
3. HEREBY voluntarily agree to RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE on behalf of myself or on behalf of others with whom I interact, the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and leasees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees”, from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor, whether caused by the negligence of the Releasees or otherwise;
4. HEREBY agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to my illness or death, whether caused by the negligence of the Releasees or otherwise. I HAVE READ THIS COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. APEX Driving Events - Terms, Conditions, Rules, and Regulations. 1) General Conduct: It is expected that all participants and guests present at any Apex event will always treat each other with respect and courtesy. Any behavior witnessed by Apex staff or reported to Apex staff that is deemed to be disrespectful, abusive, or violent in nature will not be tolerated. Apex has the right, at its sole discretion, to remove any person or team from an event that violates this rule. APEX MAINTAINS A ZERO TOLERANCE POLICY WITH GENERAL CONDUCT VIOLATIONS 2) Electronic Liability Waiver: Anyone attending an event hosted by Apex must sign an event specific liability waiver prior to arriving at the event. Waivers are typically provided through an online form. Anyone under the age of 18 requires a special hard copy waiver and may not utilize the electronic waiver system. PDF and Paper waivers can be requested using the contact info provided at the bottom of this page. 3) Age Requirement: Anyone attending an Apex event must be 18 years of age or older. Drivers, crew, and guests under the age of 18 may be admitted by request and with the permission of their legal guardian. Emancipated minors are not exempt from this requirement. Requests can be made using the contact info provided at the bottom of this page. 4) Cancellation Policy: Apex will offer a full credit of entry fees towards a future event if cancellations are made more than 30 days prior to event load in. Credits are valid at any events in the same calendar year as the canceled event. Apex will not offer credits for cancellations if the cancellation is within 30 days of the event. Apex does not offer refunds. 5) Weather Policy: As much as we would love to, Apex cannot control the weather. No credits will be issued due to any changes to an event’s schedule as a result of weather. The corner workers and track staff determine red flag conditions, not us. 6) Attendance Policy / 25% Rule: Once an event’s stated attendance limit has been reached no new teams will be allowed to register. However, Apex will allow registered teams to add entries. Those late entries will be capped at 25% of total attendance. (e.g., An event limited to 20 cars may see up to 5 late entries for a total of 25 cars) The 25% rule is designed to help teams/team owners and drivers. 7) Transferability: Entries are non-transferable. The driver and/or team specified on the invoice is the holder of the entry and may not sell or gift it outside of those designated on the invoice. 8) Track Damage Policy: Apex offers a Track Damage Liability payment of $150 change per car, per event. This waives damage charges up to $10k in aggregate. For all damage above $10k, resulting from one or multiple incidents, individuals will be held responsible for any damage they make to the racetrack, and all requisite supplies used in repairing the track. This includes but is not limited to guardrails, curbs, brake markers, paddock pavement, and Speedy-Dry. If drivers choose to opt out of this payment, they are responsible for all damage they incur at any event. All crash payments are due within 48 hours of receipt of all crash damage invoices. 9) Multi-Car Track Damage Policy: In the event that there is a multi-car incident that occurs during an event causing damage to the racetrack, the resulting damage charges shall be split equally between the parties involved. In the event of a multi car incident, the $10,000 damage waiver applies to the overall cost of the incident itself. Example, if the total damage from the incident was $16,000, and it was a two-car incident, each car involved would be responsible for $3,000 of overage damage charges. If the incident involved three cars, each car would be responsible for $2,000 each. 10) Safety Policy: It is expected that all participants conduct themselves in a safe and respectful manner during any Apex event they have been registered to attend. This includes adhering to the rules and regulations of Apex and adhering to all posted signs and guidelines of the facilities where Apex hosts events. If at any point in time, Apex feels as though a participant or a team is not conducting themselves in a safe and respectful manner, Apex at its sole discretion may require that individual or team to leave the event and forfeit their entry fees. Apex may also at its sole discretion prohibit violators of the safety policy from returning to any Apex events in the future. 11) Facility Rules and Guidelines: It is required that all participants have read and understand the rules and guidelines of the facility where the Apex event is being held. Apex, upon request, can provide these guidelines prior to the start of load-in for the specific event. 12) On-Track Driving Expectations: Apex maintains a strict policy of respectful driving on track. This means that aggressive and unsafe driving will not be tolerated. As licensed racing drivers, it is mutually understood that drivers maintain the ability to assess risk and determine what is a safe and an unsafe driving maneuver. 13) Driver Registration: All drivers must register with Apex, sign Apex’s electronic liability waiver as a driver, and receive a driver wristband from Apex’s staff. ANY PARTICIPANT AT AN EVENT WHO IS NOT A REGISTERED DRIVER MAY NOT DRIVE ON THE RACE COURSE DURING THE EVENT. 14) Reckless Driving / Safety Violations: Apex, at its sole discretion, may ask any driver and / or team to cease participation in an event should Apex feel as though this policy has been violated. In the event that access to an event is revoked due to an infraction by team or driver, the cost of the entry fee will be forfeited. 15) On Track Vehicle Damage Policy: Each driver and team maintain the sole responsibility of their own cars and equipment. In the event of an on-track incident the burden of repair costs lies solely with the owner of such equipment, neither Apex nor other event participants are responsible for damage. 16) On Track Safety Equipment: Helmets must be SA2015 or newer and HANS devices – or a similar product by Simpson, Schroth, OMP, etc. – are mandatory at Apex events. SFI rated fire suits, shoes, gloves, socks, underwear, and balaclava are required for all drivers. 17) Passing: Apex tests adhere to an open passing policy. Drivers may overtake slower traffic at any point in time on the racetrack. It is the overtaking car's responsibility to execute the pass safely. However, it is also the responsibility of the car being overtaken to leave room for the overtaking car to execute the pass safely and efficiently. 18) General Awareness: All drivers while operating a vehicle on track during an Apex event must always maintain awareness of their surroundings. If Apex feels as though a driver is unaware of their surroundings or is driving in a manner deemed to be unacceptable by Apex, Apex, at its sole discretion, may suspend or revoke that driver’s eligibility to continue driving at the then current event or any subsequent Apex events. 19) Multi-Class Testing: Apex hosts many events where multi-class testing occurs. Any drivers who are not comfortable with multi class racing should not drive at any Apex tests where multi class testing is being offered. 20) Point-by / Passing side indication: If the driver being passed would like to indicate a desired passing direction via turn signal, the signal indicated shows the side you would like to be passed on – left directional means pass on the left. Drivers may also point to the desired side for a pass with their hands as well. 21) Fueling: No fueling may be conducted in garages or inside or under any permanent structures at any time. All other fueling rules are issued on a per event basis. Whenever a vehicle is being refueled, there must be an individual standing next to the car with a fire extinguisher ready for deployment with the safety pin pulled. 22) Emergency Contact: Each team shall maintain all emergency contact information for all drivers and crew. This includes, but is not limited to Spouse / emergency contact, Physician’s contact information. 23) Health Data: Teams must have all relevant driver and crew health data on file, this includes, but is not limited to, blood type, allergies, all medications the driver / team member is actively taking and any additional relevant health data. 24) Pre-existing conditions: It is the responsibility of the team to verify that each Driver and member of their team is physically and mentally fit to be involved with all motorsport related activities. If there are any associated drivers or team members who have a pre-existing medical condition that makes them unfit for motorsport related activities or impairs their abilities to safely conduct their duties as a team member or Driver, those individuals will not be allowed to partake in any Apex Driving Events until that issue has been resolved and they have been cleared by their physician. 25) Licensure: It is mandatory that all drivers participating in Apex Driving Events have a valid racing license from one of the following sanctioning bodies – FIA, IMSA, USAC, SRO or SCCA. Apex may require, at its sole discretion, to ask any registered driver to provide proof of Licensure at any point during an event. 26) Driver Classifications / Sessions: Pro sessions on track are open to all driver coaches, all silver ranked drivers and above and selective bronze drivers on a case-by-case basis. Am sessions are designed for drivers newer to racing, driver’s learning a track and graduates of the APEX GT4 Academy program. Pro drivers are allowed to drive during AM sessions, but it is the Pro’s job to make sure all passes are made safely and that the AM driver is respected. 27) Radio Communications: Cars are not eligible for on-track activities without a working radio allowing the crew members and the driver to directly communicate. 28) APEX Radios: All teams will receive a numbered APEX owned radio at the start of each event. These radios are to be used to communicate with both APEX and other teams during the event. It is the responsibility of the teams to make sure that these radios are returned to APEX. If a radio assigned to a specific team isn’t returned at the end of the event, the respective team will be charged $400 - the replacement cost of the radio. 29) Video and Media: All registered teams are allowed to record in-car video, take photographs of their cars on track and share publicly. Teams are not allowed to take photos or videos of other teams. 30) Social Media Posting: Participants of events are allowed to post video and pictures of their cars on track or in the paddock, team members, driver’s and any crew to their social media accounts. PARTICIPANTS ARE NOT ALLOWED TO POST ANY CRASH DAMAGE TO ANY PUBLIC FORUMS – WHETHER IT IS THEIR OWN CAR OR OTHERWISE. VIOLATIONS OF THIS RULE WILL RESULT IN A $5,000 PENALTY TO THE TEAM RESPONSIBLE. SUBSEQUENT VIOLATIONS WILL RESULT IN A $10,000 PENALTY AND POTENTIAL INELIGIBILITY FOR PARTICIPATION IN FUTURE APEX EVENTS. 31) Video and Media Auditing: Throughout the duration of any Apex event – defined as the time of load-in as published on the schedule to the time of load-out as published on the schedule – Apex maintains the rights to view any media footage collected at an Apex event. Apex may require said footage to be provided to apex in a digital format, and Apex has the right to confiscate any media footage it deems necessary at its sole discretion. Media footage includes but is not limited to the following: in-car video, pictures taken during the event, video recorded on premises during the event and any relevant surveillance video recorded by any participants at events. 32) Alcohol & Marijuana: Alcohol, Marijuana and any non-physician prescribed drug use is strictly prohibited during Apex events. V.1.30.23 Updated 4:30 PM EST I HAVE READ THE APEX DRIVING EVENTS - TERMS, CONDITIONS, RULES, AND REGULATIONS, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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