VOLUNTEER AGREEMENT OF RELEASE
The undersigned (“I”) agrees to be a volunteer participant in the events, including, but not limited to, NASCAR races to be held between May 1, 2020 and December 31, 2020 at Kansas Speedway.
I assume any and all risks associated with participating in the particular activities that I agree to undertake, including but not limited to negligent or reckless acts by other participants and volunteers, all such risks being known and appreciated by me. I also agree to abide by the rules of the events as set forth by Kansas Speedway, any applicable sanctioning body and designated officials and supervisors.
I expressly agree and understand that I am a volunteer for all purposes, including federal and state statutes, and that I shall not be deemed or construed as being an employee of Kansas Speedway Corporation. By executing this Agreement, I expressly acknowledge that I am not entitled to any of the usual and customary benefits, terms, or conditions of employment as otherwise enjoyed by employees of Kansas Speedway Corporation.
Knowing these facts, and in consideration for being permitted to participate in the events, I hereby, for myself and my heirs, executors, administrators, successors, assigns, or anyone else who might claim on my behalf, covenant not to sue, and waive release and discharge Kansas Speedway Corporation, its parent, their subsidiaries, limited liability and affiliated companies, and their respective shareholders, members, directors, officers, employees, agents, and sponsors, and each of them, their officials, agents, designated event supervisory personnel or anyone acting for or on their behalf, from any and all losses, costs (including without limitation, litigation costs, and attorney fees), claims, damages, suits, actions, demands, liability, and expenses in connection with loss of life, personal injury and/or property damage of any kind whatsoever, in law or in equity, arising out of or in the course of my participation in the event.
The validity, interpretation and performance of this Agreement shall be governed by the laws of the State of Kansas, without giving effect to the principles of comity or conflicts of laws thereof. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use as the sole and exclusive dispute resolution process available under this Agreement, the following procedures. The parties shall first use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 45 days, then, upon written notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such award shall provide for the prevailing party to receive reasonable attorney’s fees from the losing party and for both parties to be equally responsible for the administrative costs of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The place of arbitration shall be Kansas City, Kansas.
In the event the enforceability of the preceding “Arbitration” provision is challenged by a Party, or if such provision is otherwise deemed unenforceable for any reason, the Parties knowingly and voluntarily agree that the mandatory, exclusive venue for any action in any way related to this Agreement or its enforcement, including without limitation the initial challenge of the Arbitration provision, shall be the state and federal courts in and for Wyandotte County, Kansas. All parties hereby knowingly and voluntarily waive any and all objections to venue and personal jurisdiction in the foregoing, and submit themselves thereto.
The undersigned hereby accepts sole responsibility of the conduct and participation in the events, including, but not limited to, NASCAR races, to be held at Kansas Speedway between May 1, 2020 and December 31, 2020. The undersigned agrees to be legally bound hereby.
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Document Name: VOLUNTEER AGREEMENT OF RELEASE
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