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LIABILITY WAIVER & INDEMNITY

I, the undersigned (hereinafter referred to as the “participant”) desire to use the facilities and engage in the karting and other activities of SRI LANKA KARTING CIRCUIT BANDARAGAMA at No.162/F, Maithree Mawatha, Walgama, Bandaragama (hereinafter referred to as the “SLKC”).

I hereby warrant and represent to DAVID PIERIS RACING & LEISURE (PRIVATE) LIMITED (PV 121905) - the owners of the SLKC (hereinafter referred to as the Company”), the event sponsor, all operators and users of the SLKC that I am in a fit, proper and adequate physical and mental condition to participate in kart driving/racing.

I am fully aware of the risks associated with kart driving/racing, that it is an inherently dangerous activity with high propensity for accidents and injury that injuries are foreseeable, common and an ordinary occurrence and I freely and voluntarily undertake and participate in full knowledge and conscious acceptance of all such risks.

I hereby release and fully indemnify the Company its directors, employees and the event sponsor, the operators, all agents, representatives, equipment owners and manufactures from any liability, including liability for property damage and or personal injury or death to myself and/or any other person, resulting from my participation in the said activity and or the selection, maintenance, or use of the Company’s and/or the event sponsor’s equipment and facilities and in respect of or arising from any claim based upon negligence, breach of warranty, contract or other grounds.

I accept for myself the full responsibility for any such death, injury, damage which may result from the use of kart and/or safety gear or other equipment either rented from the Company or brought by me , and I hereby release and discharge the Company, its directors, employees, the event sponsor, the operators and all agents, representatives, equipment owners and manufactures of any loss/damage/injury caused as a result of and/or consequence of the use of such kart and/or safety gear or other equipment.

I confirm that I am fully aware with the following important instructions.



IMPORTANT INSTRUCTION

  1. Karting is a form of motorsport with the known dangers of the sport and participation in karting can result in injuries to the participants. Records of karting show that karting related injuries to participants in the event of an accident include injuries arising out of hair or clothing (including scarves) etc. getting caught in rotating parts of the kart. Other types of injury related accidents include over turning of the kart, accident between two or more karts, crashing through tyre barriers hitting walls and other objects, engines catching fire etc. Other types / causes of accident may also occur. Injuries can be of a serious nature leading to permanent disability or death.
  2. Use of the SLKC is at sole risk and responsibility of the participants. Karting activities are not suitable for personnel with a history of heart attack, high blood pressure, back problems, acute asthma or other breathing difficulties and epilepsy. Pregnant ladies are strictly advised to refrain from participating in the karting activities.
  3. It is a compulsory requirement of the SLKC, that all participants wear helmets and any other necessary safety items which comply with the recognized safety standards while driving karts. Any participant who does not comply with this requirement would not be permitted to drive at the SLKC.
  4. In the event of hair or any part of clothing getting entangled with any part of the kart and in the event of the entangled material requiring to be cut to facilitate disengagement of the participant from the kart, the same will be proceeded with no consideration to damage, loss or embarrassment of the participant.
  5. The management of the SLKC has the sole discretion to refuse any individual / customer / member from driving a kart or discontinue his / her driving while on the karting track due to dangerous driving or for non-compliance with any rules and instructions. In these circumstances, there will be no refund of any payments made to the Company.
  6. Participants are required to follow the recommended safety dress code while driving karts.
    Safety dress code: Trousers ankle length, shoes with socks, balaclava, full faced helmet with clear visor, neck brace, long sleeved shirt, quilted type of jacket and gloves. If any safety items are brought by the participant, at his/her discretion, he/she shall ensure that all such items are complied with recognized safety standards.
  7. If any kart is brought by the participant, he/she shall ensure that such kart is in good order and condition as recommended, provided however that SLKC at its sole discretion, have the right to refuse such kart from entering the premises of SLKC.
  8. Participants are requested to refrain from pressing the accelerator and brake simultaneously as same would cause damage to the clutch and engine.
  9. In case any participant is compelled to stop on the karting track, he/she should gradually slide away from the racing line and raise one hand to warn the other participants.
  10. If any participant experiences a technical problem or any other issue, he/she shall stay in the kart and raise both hands.
  11. In the event any damages are caused due to participation in karting, the sole responsibility rests with the participant to make good of such damage to the relevant party. All settlement to the Company should be made in full immediately by cash or credit card.
  12. Deliberate knocking of karts and crashing into each other is strictly forbidden and is considered reckless driving. Any participant found to be driving recklessly will be requested to leave the SLKC immediately and may not be permitted to drive/race at SLKC in the future.
  13. By signing this document, the participant agrees to the settlement of all dues pertaining to damages that may occur due to his/her negligent behavior.
  14. Participants are required to:
    • Learn and obey all flag signs
    • Read and comply with all notices displayed at the SLKC
    • Obey Marshal’s instruction immediately
    • Not eat, drink or smoke in the karting track and pit area
    • Not to be under the influence of alcohol or drugs
    • Be at a Height at least 1.2 meters (for 6-12 years) and 1.4 meters (for adults)
    • Be aware that accelerator is on the right and the brake is on the left.
    • remain seated at all times until instructed by a marshal/ official to get off the kart
    • Keep hands and feet inside the kart at all times
  15. In case the participant detects any illness/disqualification after signing this document, the participant shall declare the same to the SLKC and refrain from using the facilities of SLKC.
I have signed these presents, having read over and understood the content hereof freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent permitted by law.


PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

In consideration of my minor child (hereinafter referred to as the “Minor”) being permitted to use the facilities and engage in the karting and other activities (hereinafter referred to as the “Event/s”) of Sri Lanka Karting Circuit Bandaragama (hereinafter referred to as the “SLKC”) at No. 162/F, Maithree Mawatha, Walgama, Bandaragama (hereinafter referred to as the “Premises”), I state and agree that:
  1. I am fully aware of the nature of the Event/s and of the Minor’s experience and capabilities and I believe the Minor to be competent, capable and qualified to participate in the Event/s. I undertake to inspect the facilities and equipment to be used or with which the Minor may come in contact at the SLKC. If I [or the Minor] believe anything is unsafe or beyond the capability, competence or skill of the Minor, I undertake to remove the Minor immediately from the SLKC and prevent him from participating further in the Event/s.
  2. I fully understand that and will instruct the Minor that
    • The activities of the Event/s are dangerous and participation in the Event/s and/or entry into the karting track/shooting area involves high risks and dangers of serious bodily injury, including permanent disability, paralysis and even death (hereinafter referred to as the “Risk”);
    • The Risk and dangers may arise or be caused by the Minor’s own actions or inactions, the actions or inactions of others participating in the Event/s, the nature and or rules of the Event/s, the condition and layout of the SLKC and equipment, and or the acts or omissions of the Releasees named below. There may be other Risk not known to me or that are not readily foreseeable at this time. The social and economic losses and/or dangers that could result from such Risk could be severe and could permanently alter and change the Minor’s future to his / her prejudice.
  3. In full knowledge of the aforesaid matters, I unconditionally consent to the Minor’s participation in the Event/s and or entry into the SLKC and hereby accept and assume all such Risk, known and unknown, and assume all responsibility for the losses, costs and/or damages following or arising from or connected with any injury, disability, paralysis or even death, even if caused, in whole or in part, by the acts and or omissions of the Releases named below.
  4. I hereby release, discharge and covenant not to sue the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, SLKC owners and its directors, officials and also car owners, drives, pit crews, rescue personnel, any person at the Premises, sponsors, advertisers , lessees/ tenants of the Premises used to conduct the Event/s , Premises or event inspectors, surveyors, underwriters, consultants and other persons or entities who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the Premises or event/s and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as the “Releasees” from any and all liability to myself, the Minor, the Minor’s and my own personnel representatives, assigns, heirs and next of kin for any and all claims, demands, losses or damages on account of any injury to me or the Minor including but not limited to death or damage to property caused or alleged to be caused, in whole or in part, by the acts or omissions of the Releasees or otherwise.
  5. If, despite this release, I myself, the Minor, or anyone on the Minor’s behalf, makes a claim against any of the Releasees named above, I agree to defend, indemnify and save and hold harmless the Releasees and each of them from any legal fees, loss, liability, damage or cost they may incur due to the claim made against any of the Releasees named above, whether the claim is based on the acts or omissions of the Releasees or otherwise.
  6. I have read, understood and am fully aware of the contents of the document titled “Important Instructions” endorsed by the Minor and I undertake the adherence to same by and on behalf of the Minor.
  7. I sign this agreement with intent that the terms above have full binding effect on myself and on behalf of the Minor.
Motorsports are dangerous and I accept all attended Risks and Liabilities.