BTR Karting

Assumption of Risk, Waiver of Liability, & Indemnity Agreement

 

In consideration of being permitted to use and drive go-karts provided by

Everheard Enterprises, Inc., dba BTR Karting, on its tracks (hereinafter

referred to as “Go-Karting”), I, undersigned participant and, if a minor, his

or her parent (hereinafter the “Participant”), for myself, my family, heirs,

personal representatives, and assigns, agree as follows:

ASSUMPTION OF RISKS: Participant acknowledges and understands that

participation in Go-Karting carries with it certain inherent risks that cannot

be eliminated regardless of the care taken to avoid injuries. The specific

risks vary, but the risks range from 1) minor injuries such as scratches,

bruises, and sprains, 2) major injuries such as eye injury or loss of sight,

joint or back injuries, heart attacks, and concussions, and 3) catastrophic

injuries including paralysis and death. Participant knowingly and voluntarily

accepts and assumes sole responsibility for each of these risks and dangers

and all other risks and dangers that could arise out of, or occur during,

Participant’s participation in Go-Karting.

WAIVER OF LIABILITY: Participant, for his or her self and his or her family,

heirs, personal representatives, and assigns, do hereby release, waive,

discharge, and covenant not to sue Everheard Enterprises, Inc. dba BTR

Karting, its officers, employees, and agents from liability for any and all

claims including the negligence of any of Everheard Enterprises, Inc. dba BTR

Karting, its officers, employees, and agents, resulting in property damage

or loss, and/or in personal injury, accidents, or illnesses (including death)

arising from, but not limited to, participation in Go-Karting.

INDEMNIFICATION AND HOLD HARMLESS: Participant agrees to indemnify and

hold Everheard Enterprises, Inc. dba BTR Karting, its officers, employees, and

agents harmless from any and all claims, actions, suits, procedures, costs,

expenses, damages, and liabilities, including attorney’s fees, brought as a

result of Participant’s participation in Go-Karting and to reimburse Everheard

Enterprises, Inc. dba BTR Karting, its officers, employees, and agents for any

and all of their expenses incurred.

SEVERABILITY: Participant further expressly agrees that the foregoing

assumption of risks, waiver, and indemnity agreement is intended to be as

broad and inclusive as is permitted by the laws of the State of Hawaii and

that if any portion of this document is held invalid, it is agreed that the

balance shall, notwithstanding, continue in full legal force and effect.

ACKNOWLEDGMENT OF UNDERSTANDING: Participant has read this assumption of risk,

waiver of liability, and indemnity agreement, fully understands its terms, and

understands that Participant is giving up substantial rights, including the

right to sue. Participant acknowledges that he or she is signing the agreement

freely and voluntarily, and intends his or her signature on this document to

be a complete and unconditional release of all liability to the greatest

extent allowed by law.

Who will be participating?

Adult  Adult and Children  

Signee Information

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By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.