Cayman Autosport Limited (CAL) is a private company incorporated in the Cayman Islands that provides race car simulator (Sim) training, recreational racing experiences, competitions, and related entertainment and educational activities to its members and participants.
Use of the Sim may result in motion sickness, dizziness, nausea, disorientation, eye strain, headaches, or other physical or mental discomfort. Participants acknowledge that such symptoms are known and inherent risks associated with simulator use and agree to immediately stop participation and notify CAL staff if they experience any such symptoms. The Sim is not meant to be used by anyone with an underlying medical condition, such as pregnancy or seizures, that could be triggered or affected by the types of physical and virtual experiences described above.
- Use of Premises. I am responsible for the proper use and care of the Premises and all CAL property located thereon, and that I will be liable for the replacement cost of any CAL property which is damaged, destroyed, or lost. I agree to comply with all safety rules, instructions, and directions provided by CAL and its staff at all times while on the Premises. I understand and agree that CAL reserves the right, in its sole discretion, to refuse service to or remove any participant from the Premises at any time for unsafe, disruptive, or inappropriate conduct, or for failure to follow instructions, without refund.
- Assumption of Risk. I understand and acknowledge that the activities that take place on the Premises may be dangerous and may involve the risk that I could sustain serious injury, temporary or permanent disability, and/or property damage. I understand that the activities that take place on the Premises may not be supervised and that CAL does not provide medical services.
- Physical/Mental Limitations: I represent that I do not have any physical or mental conditions that might affect my ability to safely participate in CAL events, training, or use of the Sim. I authorize CAL to obtain emergency medical treatment for me if deemed necessary and agree to be responsible for any associated costs. I also represent that I will not use the Premises or Sim when under the influence of alcohol or drugs.
- Release from Liability. I hereby agree to fully and forever discharge and release CAL and its affiliates, and their respective partners, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, including but not limited to the Sim, whether caused by the negligence of CAL or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises, including but not limited to the Sim.
- Covenant Not to Sue. I agree not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises, including but not limited to the Sim.
- Photo Release. By entering the Premises, I hereby grant to CAL the irrevocable right and permission to photograph and/or record us on the Premises and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
- Indemnification. I hereby agree to defend, indemnify and hold harmless CAL and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
- Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises. CAL may provide storage areas for convenience only; however, CAL does not assume any responsibility for the security, loss, theft or damage of any personal property, whether or not such storage areas are used.
- Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the Cayman Islands. Any disputes shall be resolved exclusively in the courts of the Cayman Islands.
- Waiver. No waiver of any term or right in this Release and Waiver of Liability Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
- Survival. Any provision of this Release and Waiver of Liability Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.
- Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability Agreement and use of the Premises, the parties shall comply with all applicable laws, regulations, and ordinances of the Cayman Islands.
- Severability. If any provision or portion of this Release and Waiver of Liability Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
- Entire Agreement. Binding Effect. This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements or communications between the parties, whether written, oral, electronic, or otherwise.
I HEREBY ACKNOWLEDGE, ON BEHALF OF MYSELF AND MY MINOR CHILDREN, THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO REFUSE SIGNING AND CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.