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Hampton Downs release and waiver of liability assumption of risk and indemnity agreement for passengers

HAMPTON DOWNS RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Participant Release, Waiver and Indemnity - In consideration of being permitted to participate in any way in the above-named event as directed by the relevant officials at the Hampton Downs Motor Sports Park, as the participant I hereby freely, voluntarily, and without duress acknowledge, agree and represent that I:

Understand that my presence at the above-named event is entirely at my own risk.

Agree to save harmless and keep indemnified Hampton Downs (NZ) Limited (“Hampton Downs”) and its parent, subsidiary and affiliate companies (including the land owner) and their respective directors, officers, employees, contractors, and the respective sanctioning organisations, officials, track operators, officials, car owners, drivers, instructors, pit crews, rescue personnel, promoters, sponsors, fellow participants, servants, representatives, agents, and volunteers (collectively the "Released Parties") from and against all losses, actions, claims, expenses and demands in respect of my death, injury, loss or damage to my property or to any other persons whatsoever howsoever caused arising out of or in connection with the this indemnity or my taking part in this event notwithstanding that such death, injury, loss or damage may have been contributed to or caused by the negligence of Hampton Downs (NZ) Limited (“Hampton Downs”) and its parent, subsidiary and affiliate companies (including the land owner) and their respective directors, officers, employees, contractors, and the respective sanctioning organisations, officials, track operators, officials, car owners, drivers, instructors, pit crews, rescue personnel, promoters, sponsors, fellow participants, servants, representatives, agents, volunteers or any other person.

Releasing Parties - means and includes the undersigned as well as the undersigned’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors, assigns, or anyone else who might claim or sue on the undersigned’s behalf.

Event - means any motor sports activities or services at the Hampton Downs Motor Sports Park Circuit which are organised or conducted by Hampton Downs or are permitted or approved by Hampton Downs or otherwise under the responsibility/control of Hampton Downs.

Acknowledge that I must obey the instructions of the Officials of the day and the instructor/driver of the motor vehicle I am a Rider, Driver or Passenger in.

Confirm that I have been briefed by Officials on basic event safety procedures and how to wear and subsequently uncouple the safety harness fitted to the vehicle or vehicles that I will ride in during the event.

Acknowledge that participation in this event requires physical stamina, motor coordination, and mental alertness and I hereby attest that I have No known health-related reasons or problems, to include physical or mental limitations, that preclude or restrict my participation and will not use any form of alcohol, prescription or non-prescription drugs that could impair my performance in this event. In addition, I attest that I have the skill and balance necessary to drive a vehicle/ride a bicycle and I am capable of sustaining moderate physical exertion over a period.

Acknowledge, agree, and represent that: I understand the nature of the activity and that I am over 18 years of age, qualified, in good health and in proper physical condition to participate in or observe such activity. I further agree and warrant that if at any time I believe conditions to be unsafe for myself, I will immediately discontinue further participation in the activity. I understand that motor sports, including the use of high performance street cars, race cars, motor bikes or go karts on a race track is an inherently dangerous activity, and accept any and all injuries I may sustain as I participate, attend, volunteer, sponsor, enjoy or work at this activity.

Acknowledge and understand that, as a participant, I may have access to drive a high-performance street car, race car, motor bike or go kart. As such, I undertake upon myself to fully indemnify Hampton Downs (NZ) Limited to the greatest extent allowed by law for any and all damages, regardless of nature and/or cause, that I may wilfully or recklessly contribute to. This includes mechanical and body damage to the vehicles due to my incorrect operation of the same, as well as my failure to follow proper procedures.

Certify that the vehicle being used is up to Warrant of Fitness Standards or meets current New Zealand competition standards.

Acknowledge and agree to comply with the safety rules and regulation provided to me by Hampton Downs or its employees and agents at all times, including the wearing of full safety clothing, helmet, footwear and other personal protective clothing and equipment at all times whilst required.

Acknowledge and understand that the Hampton Downs Circuit Manager or any of other Hampton Downs employees or agents may terminate and prohibit my access to the facility if I breach any of the terms in this indemnity form.

Acknowledge and agree that I will be responsible for and will pay to make good any damage I may cause, whether deliberately or otherwise, to any property of Hampton Downs (NZ) Limited.

Acknowledge that participation in this event requires physical stamina, motor coordination, and mental alertness and I hereby attest that I have No known health-related reasons or problems, to include physical or mental limitations, that preclude or restrict my participation and will not use any form of alcohol, prescription or non-prescription drugs that could impair my performance in this event. In addition, I attest that I have the skill and balance necessary to drive a vehicle/ride a bicycle and I am capable of sustaining moderate physical exertion over a period.

Consent to the details contained on this form and my photograph, video, voice and/or likeness being held and used by Hampton Downs (NZ) Limited (“Hampton Downs”) and its parent, subsidiary and affiliate companies now and in the future for the purpose of promoting and running events concerned and all associated legal and administrative purposes. I acknowledge my right to access and correction of this information. This consent is given in accordance with the Privacy Act 1993.

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