(“Participant”) understands that operating a gokart at the speeds at which it is capable on the Dubai Kartdrome (“DK”) presents inherent and inevitable risks that can never be completely eliminated. Factors beyond the control of KART ADVISOR ACADEMY will affect the operational safety of the vehicle and the DK track under these conditions. Such factors include, but are not limited to: (a) the skill and experience of the driver; (b) the performance by or on behalf of KART ADVISOR ACADEMY and/or the DK of inspections, maintenance procedures, and repairs; (c) weather, lighting, and track conditions; (d) the presence of other operating cars; (e) the presence of other drivers, (f) the health, physical and mental condition of the driver and (g) the speed at which a gokart is driven.
PARTICIPANT UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH THIS DRIVING EXPERIENCE, WHETHER DURING DRIVING AND/OR WHILE ON THE TRACK OR PREMISES OF THE DK AND/OR KART ADVISOR ACADEMY.
Participant further understands that a driver may lose control while operating the gokart he assumes and accepts all risks associated with any such resulting loss of control.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE: participant and his heirs, affiliates and representatives, past, present and future successors, assigns, members, partners, servants, agents, employees, spouses, partners, attorneys, insurers, executors, administrators, associates and any other related persons, corporations, firms or entities, whether known or unknown, hereby release and covenant not to sue KART ADVISOR ACADEMY or its affiliated entities, its respective divisions, subsidiaries, affiliated and related companies, past, present and future predecessors, successors, assigns, officers, directors, shareholders, principal’s members,partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities whether known or unknown, for any and all damages, liabilities, causes of action, judgments and any and all claims arising under, arising out of, or related to Participant’s use and operation of the vehicle or participation in the driving experience, including but not limited to, claims or actions for personal injury, loss of consortium, death and property damage, whether now existing or arising in the future.
INDEMNITY. Participant further hereby agrees to indemnify and hold KART ADVISOR ACADEMY or its affiliated entities, its respective divisions, subsidiaries, affiliated and related companies, past, present and future predecessors, successors, assigns, officers, directors, shareholders, principals members, partners, servants, agents, employees, suppliers, representatives, attorneys,insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities whether known or unknown, as well as any joint tort-feasors, and their respective divisions, subsidiaries, affiliated and related companies past, present, and future predecessors, successors, assigns, officers, directors, shareholders, principals, members, partners, servants, agents, employees, suppliers, representatives, attorneys, insurers, heirs, assigns, executors, administrators, representatives, associates, and any other related persons, corporations, firms or entities,
Whether known or unknown, harmless from any and all damages, liabilities, causes of action, judgments and any and all claims arising under, arising out of, or related to participant’s use and operation of the gokart or participating in the driving experience, including but not limited to, claims or actions for personal injury, loss of consortium, death and property damage, whether now existing or arising in the future, as well as from any fees, expenses, or costs of any kind, including reasonable attorney’s fees, incurred in connection with any damages, liabilities, causes of action, judgments and claims brought, claimed or asserted at any time after the execution of this document on account of the participation in the driving experience.