PARENTAL CONFIRMATION AGREEMENT

Transcription

1 PARENTAL CONFIRMATION AGREEMENT THIS AGREEMENT AND THE ENCLOSED EVENT RELEASE, WAIVER AND INDEMNITY AGREEMENT (EXHIBIT B) EACH NEED TO BE FULLY COMPLETED AND NOTARIZED FOR MINORS UNDER 18 YEARS OF AGE IF THE MINOR S PARENT OR LEGAL (COURT-APPOINTED) GUARDIAN WILL NOT BE PRESENT TO SIGN THE EVENT RELEASE, WAIVER AND INDEMNITY AGREEMENT ON-SITE AT THE FELD MOTOR SPORTS EVENT. This Parental Confirmation Agreement ( Agreement ) is being entered into by and among the parents and legal guardians, whose full legal names and addresses are listed below (hereafter collectively referred to as the Parents ): for their minor child/ ward, whose full legal name, age and date of birth is listed below (hereafter referred to as Minor or by Minor s first name): (Minor s Full Name) (Minor s Age) (Minor s Date of Birth) By executing this Agreement, Parents confirm and acknowledge that (Minor s first name) has requested permission from them to participate in the 2018 Monster Energy Supercross Amateur Racing Events, produced and promoted by Feld Motor Sports, Inc. (hereafter referred to as Feld Motor Sports ), which is comprised of events as further described in Exhibit A to this Parental Confirmation Agreement (hereafter referred to as Event(s) ). Further, Parents recognize and acknowledge that Feld Motor Sports requires all Event participants to execute Feld Motor Sports standard Event Release, Waiver and Indemnity Agreement (hereafter referred to as the Release and Waiver ), which must be signed by the parents or legal guardians of any minors that participate in an Event. Minor has requested the opportunity to participate in one (1) or more of the Events, and Parents have agreed to sign the Release and Waiver for the Events, and have done so contemporaneously herewith, in order to comply with Feld Motor Sports requirements so that (Minor s first name) can participate. By their signatures below, Parents confirm and acknowledge that they have reviewed the Release and Waiver for the Events, have had an opportunity to have such Release and Waiver reviewed by an attorney of their choosing, and have signed the Release and Waiver for the Events, with full knowledge and understanding of the legal significance of the information contained in the Release and Waiver. A true and correct copy of the standard Feld Motor Sports Release and Waiver for the Events is attached hereto as Exhibit B and incorporated herein for all purposes. Parents confirm that (Minor s first name) is being allowed to participate in the Events with their complete and total permission and authorization, and that they fully understand the risks involved in allowing Minor to do so. Page 1 of 5 Parental Confirmation Agreement

2 Parents hereby agree and acknowledge that: (A)this Parental Confirmation Agreement and the Release and Waiver for the Events: (i) extend to all Events that Minor participates in and to all acts of negligence, gross negligence, or any other wrongdoing by any party to this agreement and/or any Releasees (as defined in the Release and Waiver); (ii) are intended to be as broad and inclusive as is permitted under applicable laws; (iii)shall be valid and enforceable even if signed and/or transmitted by electronic means including facsimile or electronic mail; and (B) if any portion of this Parental Confirmation Agreement and/or the Release and Waiver is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Whereupon we have signed this Parental Confirmation Agreement and the Release and Waiver for the Events on the date set forth below for the purposes and consideration of the matters recited herein. (Signature) (Circle Relationship to Minor) (Print Name) (Date) STATE OF (state) ) ) SS COUNTY OF (county) ) On this (day) of (month), 20 (year), before me personally appeared the foregoing individual (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed above to the within instrument and acknowledged to me that he/she executed the same freely and voluntarily. Notary Public My commission expires: (SEAL) (Signature) (Circle Relationship to Minor) (Print Name) (Date) STATE OF (state) ) ) SS COUNTY OF (county) ) On this (day) of (month), 20 (year), before me personally appeared the foregoing individual (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed above to the within instrument and acknowledged to me that he/she executed the same freely and voluntarily. Notary Public My commission expires: (SEAL) Page 2 of 5 Parental Confirmation Agreement

3 {EXHIBIT A TO PARENTAL CONFIRMATION AGREEMENT} The tentative 2018 Monster Energy Supercross Amateur Racing schedule of Events is set forth below. All Event schedules are subject to change. The Parental Confirmation Agreement and enclosed Release and Waiver apply to all Events that Minor participates in regardless of Event schedules. For current schedules and information about the 2018 Monster Energy Supercross Amateur Racing Events, please visit: February 25, 2018 Raymond James Stadium Tampa, Florida March 4, 2018 Mercedes-Benz Stadium Atlanta, Georgia Page 3 of 5 Exhibit A to Parental Confirmation Agreement

4 {EXHIBIT B TO PARENTAL CONFIRMATION AGREEMENT} MINOR ALL-EVENT RELEASE, WAIVER AND INDEMNITY AGREEMENT THIS IS A TWO-PAGE DOCUMENT. READ BOTH PAGES BEFORE SIGNING. IN CONSIDERATION for Feld Motor Sports, Inc. ( FMSI ) allowing the below-listed minor ( Minor ) to (a) compete, officiate, observe, work for, or participate in any way in any events produced and/or promoted by FMSI during calendar years 2017 and 2018 or in any related activities, whether events are monster truck shows, motorcycle shows, or other entertainment events (collectively, Event(s) ); or (b) enter, for any purpose, any restricted area requiring authorization, credentials, or permission to enter or where admission of the general public is restricted, including but not limited to, the competition and pit areas ( Restricted Area(s) ), the undersigned parent(s) and/or guardian(s) of Minor ( Undersigned ), on behalf of the Minor as well as on behalf of themselves and their respective heirs, assigns and next of kin, acknowledge(s) and agree(s) that, as to each such Event, the Undersigned: 1. Will immediately upon entering any Restricted Areas and continuously thereafter, inspect such areas, and if at any time feel any part of Restricted Areas to be unsafe, will immediately so advise the Event officials and will leave and cause Minor to leave the Restricted Areas and preclude Minor from further participation in the Event(s). 2. (i) UNDERSTANDS that THE EVENT(S) MAY BE VERY DANGEROUS and may involve the risk of SERIOUS INJURY or DEATH and that the INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS; (ii) ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO ANY EVENT, AND FOR ALL LIABILITY TO THE UNDERSIGNED, MINOR, and their respective personal representatives, assigns, heirs, next of kin or wards; and (iii) AUTHORIZES AND PROVIDES FULL CONSENT TO RELEASEES, as defined in Paragraph 3 below, to seek and/or provide medical attention/treatment, as each may deem necessary, if the Undersigned or Minor is unable, unfit or not qualified to make such decision. 3. RELEASES, WAIVES AND DISCHARGES FMSI, its parent, affiliates and related companies, and their respective representatives, officers and employees and those in privity with them including, without limitation, any co-promoters, sponsors, participants, racing associations, sanctioning organizations or any subdivision or affiliate thereof, track operators, owners, builders and construction companies, officials, car owners, drivers, pit crews, rescue personnel, trauma doctors and other medical personnel, any persons in any Restricted Area, promoters, advertisers, owners and lessees of premises used to conduct the Event(s), inspectors, surveyors, underwriters, risk evaluators, consultants and others who provide recommendations, directions, or instructions including, but not limited to, driving schools or classes, and each of them, their directors, officers, agents and employees (collectively, Releasees ) FROM ALL LIABILITY TO THE UNDERSIGNED, MINOR and their respective personal representatives, assigns, heirs, and next of kin or wards FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMAND ON ACCOUNT OF DEATH OR INJURY TO PERSON OR PROPERTY, ARISING OUT OF OR RELATED TO ANY EVENT, WHETHER CAUSED IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OF THE RELEASEES OR OTHERWISE, including, without limitation, NEGLIGENT RESCUE OPERATIONS. 4. AGREES TO INDEMNIFY, DEFEND, AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY claim or demand brought by or on behalf of the Undersigned and/or Minor for any LOSS, LIABILITY, or DAMAGE arising out of or related to the EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ATTORNEY S FEES, LITIGATION EXPENSES AND COURT COSTS. 5. GRANTS to FMSI and its related or affiliated entities and their respective employees, agents, licensees, successors and assigns (collectively, Grantees ), permission to photograph, film, videotape or otherwise record the voice, image, or likeness of the Undersigned or Minor in connection with any Event (collectively, Appearance ), and to use the Appearance in advertising, publicity, promotional, merchandising and/or other commercial activities of Grantees, and agrees that Grantees shall be the exclusive owner of all copyright and other rights in and to all works incorporating any or all of the Appearance, and all allied, ancillary and subsidiary rights relating thereto, and will be able to perpetually use and license to third parties such works in all media currently existing or hereafter created, including, but not limited to, printed materials, television and all electronic media, for any use to which the same or any material therein may hereafter be put, applied or adapted. The Undersigned further acknowledges that (i) Grantees are not required to use the Appearance in any way; (ii) Grantees may transfer, assign or sublicense their rights and privileges hereunder to any entity or individual without restriction; (iii) in no event shall the Undersigned or Minor have the right to enjoin the development, production or distribution or exploitation of material incorporating any or all of the Appearance; (iv) the consent of no other person, firm, corporation or labor organization, including without limitation, SAG and/or AFTRA, is required to enable Grantees to use the Appearance; and (v) the use by Grantees of the Appearance will not violate the rights of any third party or any rights that the Undersigned or Minor may have as a result of any membership in any labor organization. Additionally, the Undersigned forever RELEASES AND DISCHARGES Grantees from any and all actions, counter or cross actions, claims, demands, damages, costs, attorneys fees and expenses of any kind whatsoever (collectively Claims ), which may now exist or hereafter arise, including but not limited to, Claims relating to the rights of privacy and publicity arising out of or related to use of the Appearance, or any part thereof, and further agree that the Undersigned shall be liable for any attorneys fees and costs incurred by Grantees or any one of them in connection with any claim or lawsuit filed notwithstanding the terms of this release. Page 4 of 5 Exhibit B to Parental Confirmation Agreement

5 6. Warrants and represents that the Undersigned is at least eighteen (18) years of age. 7. Understand that if any portion hereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. 8. NOTICE TO THE MINOR CHILD S PARENT/GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FMSI AND OTHER RELEASEES HEREIN USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD S RIGHT AND YOUR RIGHT TO RECOVER, FROM FMSI OR ANY OTHER RELEASEE AS DEFINED ABOVE, IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND FMSI HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I/WE HAVE READ BOTH PAGES OF THIS RELEASE AND FULLY UNDERSTAND ITS TERMS AND THAT I/WE GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT. I/WE SIGN IT VOLUNTARILY AND KNOWINGLY, WITHOUT ANY INDUCEMENT, WITH FULL KNOWLEDGE AND UNDERSTANDING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Nevertheless, I/WE HEREBY AGREE TO WAIVE THE PROVISIONS OF THIS STATUTE, AND MY/OUR SIGNATURE(S) BELOW IS/ARE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 1. Father/Mother/Guardian (circle one) Name: (Print): Signature: Date: Address: Phone: 2. Father/Mother/Guardian (circle one) Name: (Print): Signature: Date: Address: Phone: IF ONLY ONE PARENT/GUARDIAN IS SIGNING, PLEASE INITIAL ONE OF THE FOLLOWING: (initial) I represent and warrant that I am the sole parent/guardian of the Minor OR (initial) I represent and warrant that I am a parent/guardian of the Minor and have been authorized by the non-signing parent/guardian to sign this document on his/her behalf. 3. Printed Name of Minor: D.O.B. NOTARY WITNESS: Subscribed and sworn before me at (County) (State) on this day of, 20. Notary Public My Commission Expires [SEAL] Page 5 of 5 Exhibit B to Parental Confirmation Agreement