Charges will post on statements as "Fifty Plus Racing Foundation, Inc." By entering your email address, you are agreeing to receive communications from West Village, Fifty Plus Racing Foundation and Chattanooga MotorCar Festival. 2019 Chattanooga MotorCar Festival tickets are not eligible for refunds.
In consideration of choosing to participate in activities any time during Chattanooga MotorCar Festival Event, provided by Fifty Plus Racing Foundation, Inc and any and all other persons and entities acting on behalf of Fifty Plus Racing Foundation, Inc including but not limited to agents, owners, subsidiaries, volunteers, participants, customers, employees, contractors, insurers and land or premises owners (“Affiliated Owners”), hereby forever to release, indemnify and discharge Fifty Plus Racing Foundation, Inc on behalf of myself and/or on behalf of my minor child(ren) and all other persons and entities as set forth below:
I, by purchasing an event ticket for entry into Chattanooga Motorcar Festival, (hereinafter referred to as “Event”), do hereby agree to indemnify and hold Fifty Plus Racing Foundation, Inc and its suppliers and Affiliated Owners harmless from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demand expenses that include but are not limited to all reasonable costs for attorney’s fees, court costs, expert fees, or any claim by anyone for reasons including but not limited to property damage, property loss, personal injury or death to myself and or my minor child(ren) while in or about the premises and/or while participating in or as a result of participating in activities in or about the event premises or arising out of the operation or actions of 50+ RACING FOUNDATION, INC its officers, directors, agents, customers, land or premises owners, contractors, and/or employees and that on behalf of myself or my minor child(ren).
Participant understands and acknowledges that because the activities of the Festival involve the operation of motor vehicles, certain risks are associated with participation in the Festival that could cause injury to the undersigned or to other participants and bystanders. In consideration of Participant’s participation in and enjoyment of the Festival, Participant agrees to assume all risks of personal injury, property loss or other damages that may result from or arise out of Participant’s participation in, presence at, work or other activities related to, and any and all use of property of, the Festival. This assumption of risk includes, but is not limited to, risks associated with any loss, theft of or damage to personal property, personal injuries, permanent disability, paralysis or death, arising from, or related in any manner to environmental hazards, weather hazards, lodging, the operation of motor vehicles, tools, machinery and equipment, the consumption of alcoholic beverages, the consumption of any and all food or other beverages served or provided, and any and all other risks associated with the participation in, presence at, work or other activities related to, and any and all use of property of, the Festival.
Participant understands and agrees to fully and forever release and discharge, and further agrees to defend, indemnify, and hold harmless Fifty Plus, its officers, directors, agents, employees, volunteers, affiliates, subsidiaries, and assignees (individually and collectively, the “Indemnitees”), from any and all claims, damages, demands, rights of action, or causes of action resulting from or arising out of Participant’s participation in, presence at, work or other activities related to, and any and all use of property of, the Festival, and, to the maximum extent permitted by law, any and all negligence of the Indemnitees, excepting intentional or willful misconduct. Further, Participant releases and discharges and agrees to defend, indemnify, and hold harmless the Indemnitees from any and all liability for any loss, theft of or damage to personal property, personal injuries, or death, arising from or related in any manner to Participant’s participation in, presence at, work or other activities related to, and any and all use of property of, the Festival, including any loss, theft of or damage to personal property, personal injuries, or death, arising from or related in any manner to any environmental hazards, weather hazards, lodging, the operation of motor vehicles, tools, machinery and equipment, the consumption of alcoholic beverages, the consumption of any and all food or other beverages served or provided, and any and all other risks associated with the participation in the Festival. The indemnifications noted in this Release shall extend beyond the date and termination of Participant’s participation in, presence at, work or other activities related to, and any and all use of property of, the Festival.
To the extent Participant is participating in the Festival to promote, advertise, trade, provide, vend product(s), goods or services to participants and guests, Participant further agrees that in consideration for its use of the Festival to promote, advertise, trade, provide, vend product(s), goods or services to participants and guests, Participant will obtain a general liability policy providing sufficient coverage for all of Participant’s activities, including all damages or injuries which may be caused by Participant, and will name Fifty Plus as an additional insured under such policy. Participant confirms that proof of insurance has been provided to Fifty Plus and warrants that there are no exclusions from coverage relating to Participant’s activities and participation in the Festival.
To the extent Participant is participating in the Festival as a driver, Participant further agrees that in consideration for its participation in the Festival as a driver, Participant will obtain a commercial auto insurance policy providing sufficient coverage for all of Participant’s activities, including all damages or injuries which may be caused by Participant. Participant confirms that proof of insurance has been provided to Fifty Plus and warrants that there are no exclusions from coverage relating to Participant’s activities and participation in the Festival.
Participant understands and agrees to indemnify and reimburse the Indemnitees for any costs, expenses, damages, and attorneys’ fees the Indemnitees may incur in the enforcement of this Release and/or in the prosecution of an action arising out of or caused by the breach of this Release. This paragraph shall not limit or restrict the ability or the right of the Indemnitees to recover any other damages or to pursue any other remedy under state and/or federal law or the provisions of this Release.Participant represents and warrants that he/she is duly authorized and has legal capacity to execute and deliver this Release. As for any individuals under the age of 18 who are participating in and enjoying the Festival and as to whom Participant is a natural or legal guardian, Participant hereby executes this Release on behalf of said individuals, and agrees to defend, indemnify and hold harmless the Indemnitees from any claims or demands made by or on behalf of any of them. Participant further agrees that Participant shall be liable for any and all damages to any property caused by such individuals. This Release may not be supplemented, amended, and/or modified unless such modification is put in writing and signed by the parties. The conjunctions “and” and “or” in this Release mean “and/or.” The use of the singular form of any word herein shall include the plural, and vice versa. The failure of Indemnitees to require strict performance of any provision of this Release shall in no way constitute a waiver of any of the individual or collective rights afforded by law, equity, or the provisions of this Release. The waiver by any party of a breach by the other party shall not be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced . This Release is the entire agreement between parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of this Release shall be enforced as if such provision was not included. The validity, construction and performance of this Release shall be governed and construed in accordance with the laws of Tennessee applicable to contracts made and to be wholly performed within Tennessee, without giving effect to any form of conflict of law provisions thereof. The federal and state courts located in Hamilton County, Tennessee shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Release.
