Release of Liability

In exchange for participation in Simulation Racing, organized by Big Rock Racing LLC at 14029 278th PL NE, Duvall WA, I, the undersigned (“Releasee”) hereby agree for myself and (if applicable) for the members of my family (“Minor Participant”), to the following:

  1. Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Big Rock Racing LLC, or the employees, representatives, or agents of Big Rock Racing LLC.

  2. Equipment Use Rules. I agree to use all simulation equipment in accordance with staff instructions and will not attempt to adjust, modify, dismantle, or tamper with any software or hardware components, including cables, mounting hardware, USB connections, or software configurations.

  3. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity. These risks include, but are not limited to: motion sickness, nausea, eye strain, headache, neck and back discomfort, wrist and hand fatigue resulting from force feedback steering, elevated heart rate, and adverse reactions to rapid visual stimulation, flashing imagery, or screen motion. I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Big Rock Racing LLC from liability for injury, loss, or damage arising out of my or my family’s use of or presence upon the facilities of Big Rock Racing LLC, whether caused by the fault of myself, my family, Big Rock Racing LLC, or other third parties.

  4. Real-World Driver Safety. I acknowledge that the speeds, following distances, braking, car control exercises, and other driving maneuvers that are practiced during the activity are extremely dangerous on public roads. I agree to obey all traffic laws while driving on public roads, I will not attempt to replicate simulator-derived driving behavior on public roads, including but not limited to speeding, drifting, drag racing, and street racing. I release and discharge Big Rock Racing LLC from liability for injury, loss, or damage incurred while operating a motor vehicle on public roads or closed, controlled motorsports environment.

  5. Indemnification. I agree to indemnify and defend Big Rock Racing LLC against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Big Rock Racing LLC.

  6. Fees. I agree to pay for all damages to the facilities of Big Rock Racing LLC caused by any negligent, reckless, or willful actions by my family or me.

  7. Parent/Guardian Consent. I, the undersigned Parent or Legal Guardian (“Releasee”), consent to the participation of the Minor Participant in the activities described in this agreement and agree on behalf of the Minor Participant to all the terms and conditions of this agreement. By signing this Release of Liability, I represent that I have legal authority and custody of the Minor Participant.

  8. Governing Law. This agreement shall be governed by the laws of Washington

  9. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Big Rock Racing LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

  10. Arm’s Length Agreement. This agreement and each of its terms are the product of an arm’s-length negotiation between the parties. In the vent any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

  11. Severability. If any provision of this agreement shall be held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid, illegal, or unenforceable, but that by limiting such provision, it will become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  12. Alternate Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the following Alternative Dispute Resolution (“ADR”) procedure.

If any controversies, claims, or disputes arising out of or relating to this agreement cannot be resolved through negotiation, the parties agree to try in good faith to settle the dispute by mediation in accordance with any statutory rules of mediation.

  1. Emergency Contact. In case of an emergency, please call

Name: ____________________________

Daytime Phone: ___________________

Evening Phone: ___________________

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

NOTICE

By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational activity, or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.

The Minor Participant

Printed Name of Minor Participant: _____________________

Address of Minor Participant: __________________________

The Releasee

Printed Name of Releasee: ______________________________

Address of Releasee (if different): ____________________

Phone Number: __________________________________

Relationship to Minor Participant: ______________________

Signature of Releasee: ______________________________

Date: ______________________