Assumption of Risk/ COVID-19 Waiver

Express Assumption of risk, complete waiver and agreement not to sue, and
Indemnity agreement:
Business: Hobby Action RC Raceway Chandler LLC,
READ THIS CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS
ADULT WAIVER - EXPRESS ASSUMPTION OF RISK, COMPLETE WAIVER AND AGREEMENT NOT TO SUE, AND INDEMNITY
AGREEMENT READ THIS CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.
In return for the right to participate or use the property, its facilities and services (the “facilities”) of Hobby Action RC Raceway Chandler LLC. or any owned or
affiliated facilities (as well as any other persons or entity related thereto) and/or its subsidiaries and affiliates (“OPERATOR”). The undersigned(“PARTICIPANT”), for
themselves, their heirs, assigns and legal representatives, hereby expressly agrees to:
1. ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANTS USE OR PRESENCE UPON THE FACILITIES,
Including, without limitation, the risks of death, bodily injury or property damage resulting from collision between his or her vehicle and another vehicle, a person,
object or barrier; for RC car driving. Participant’s person; contact between the barrier and the participant’s upper or lower extremities; or any part of the
participant’s body; whether exposed inside or outside of the track area.
2. RELEASE OPERATOR, Franchisers and all its successors, assigns, subsidiaries, branches, operators, franchisees, affiliates, officers, directors, employees, and agents,
landlords, and event sponsors from, and not to sue them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses
arising out of PARTICIPANTS use of or presence upon the Facilities, including without limitation, those based on death, bodily injury, or property damage, whether
or not caused by the negligence or other fault of OPERATOR, including strict product liability or other liability without fault;
3. RELEASE OPERATOR, and other parties identified in paragraph 2 and owners of the facilities (“OWNERS”) of any and all responsibility to him or her and agrees to
indemnify and hold harmless OPERATOR and owners against any and all damages or injuries arising out of the use of the Facilities by any party, including other
PARTICIPANTS, or by negligent acts of OPERATOR or by PARTICIPANT;
4. 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 shall not
extend to the claims; material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the releases;
5. INDEMNIFY AND DEFEND OPERATOR, against and hold harmless from any and all claims, causes of action, damages, judgments, costs or expenses, including
attorney fees, which in anyway arise from PARTICIPANTS use or presence upon the Facilities;
6. PAY for any and all damages to the Facilities caused by PARTICIPANT, negligently, willfully, accidentally or otherwise; and
7. AGREE that by participating in events or the utilization of facilities of OPERATOR, I acknowledge that I fully understand the significant inherent dangers of driving
and/or racing vehicles offered to PARTICIPANT and I further acknowledge that I will read and comply with safety rules provided to me in writing for driving such
vehicles (and if I do not understand any point or part of the safety rules, I will advise OPERATOR and request further assistance so that I may fully understand them
before using the facilities). I agree that I will not participate in any events or utilize the facilities if I am under the influence of drugs or alcohol, if I am pregnant, or if
there is any other physical condition that may impair my ability to understand instructions or to participate without creating risk to others or myself.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
WHEREAS, The novel coronavirus, COVID-19 disease, is caused by a virus that spreads easily from person to person which may result in serious illness or death and
has been classified by the World Health Organization as a worldwide pandemic, has broadly spread throughout the state of Arizona, and has significantly increased
the threat of serious associated health risks statewide. COVID-19 is extremely contagious. As a result, federal, state, and local governments and federal and state
health agencies recommend social distancing and have prohibited the congregation of groups of people. WHEREAS, Hobby Action RC Raceway, LLC and Hobby
Action RC Raceway Chandler LLC (collectively “Hobby Action”) has put in place preventative measures to reduce the spread of COVID-19 at its locations and
facilities; however, Hobby Action cannot guarantee that you or your children will not become sick and/or infected with COVID-19. Further, you or your child(ren)’s
presence at Hobby Action’s locations or facilities could increase your or your child(ren)’s risk of contracting COVID-19. NOW, THEREFORE, in consideration of the
above recitals, and the mutual promises, covenants, rights and obligations herein, the receipt and sufficiency of which is hereby mutually acknowledged and agreed
to, Hobby Action and the party named below agree as follows: By registering for racing events, I acknowledge the contagious nature of COVID-19 and voluntarily
assume the risk that I or my child(ren) may be exposed to or infected by COVID-19 by voluntarily entering and remaining at a Hobby Action facility or location and
that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected
by COVID-19 at a Hobby Action location or facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Hobby
Action’s employees, owners, shareholders, officers, directors, agents, representatives, vendors, and customers. I understand that I am not being required to enter
or remain at Hobby Action under the current conditions and choose to do so under my own free-will. I understand that if I am an “at-risk” individual or in direct
contact with “at-risk” individuals I am advised not to enter or remain at a Hobby Action location or facility. I voluntarily agree to assume all of the foregoing risks and
accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim,
liability, or expense, of any kind, that I may experience or incur in voluntarily entering or remaining at a Hobby Action facility or location (individually a “Claim” and
collectively “Claims”). On my behalf and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless Hobby Action, its
employees, owners, shareholders, officers, directors, agents, representatives, vendors, and customers, of and from any Claim or Claims, including all liabilities,
claims, actions, damages, costs or expenses of any kind, known or unknown, arising out of or relating thereto. I understand and agree that this release includes any
Claim or Claims based on the actions, omissions, or negligence of Hobby Action, its employees, owners, shareholders, officers, directors, agents, representatives,
vendors, and customers, whether a COVID-19 infection occurs before, during, or after my or my child(ren)’s voluntary entry to a Hobby Action location or facility.
This agreement shall be construed and interpreted in accordance with the laws of the State of Arizona without regard to any conflict of laws principles. This
agreement contains all the promises and covenants exchanged by the parties. In executing this agreement, each party hereto warrants that it is relying solely upon
his or its own judgment and knowledge and that he or it is not relying on any statements or representations made by any other party or its agents that are not
contained in this Agreement.
I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT BY MAKING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS. I DO SO FREELY AND VOLUNTARILY. I
FURTHER CERTIFY THAT I AM OF LAWFUL AGE, AND LEGALLY COMPETENT TO SIGN THIS AGREEMENT; THAT I UNDERSTAND THAT THE TERMS HEREIN ARE
CONTRACTUAL AND NOT A MERE RECITAL;
THAT I AGREE TO THIS AGREEMENT AS MY OWN FREE ACT AND IF I HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT, I WILL CONSULT AN
ATTORNEY BEFORE SIGNING IT.
BY REGISTERING FOR RACING EVENTS, I AGREE I HAVE READ THE ABOVE STATED, UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THOSE TERMS WHICH
SIGNIFICANTLY LIMIT MY LEGAL RIGHT TO SUE. I UNDERSTAND AND ACKNOWLEDGE THAT I AM WAIVING THE RISK OF INJURY RELATING TO THE ACTIVITY AT
Hobby Action RC Raceway AND AGREE THAT Racing and being on the track may RESULT IN INJURY OR DEATH AS A RESULT OF COLLISIONS AND CONTACT WITH
PERSONS, OTHER VEHICLES, BARRIERS AND FIXED OBJECTS.