(“Participant”) (collectively, the “Parties” and each individually a “Party”).

PREAMBLE
WHEREAS, TBRR and Participant acknowledge and agree that the business of TBRR involves the use, operation and rental of race cars, high-performance cars, or other automobiles and race track facilities for purposes including, but not limited to, training, races, competitions, passenger ride along excursions, events, or other programs and activities (“Events”); and,

WHEREAS, Participant desires to participate in one or more Events offered by TBRR and be permitted access to the race tracks, garages, facilities and other real property owned, leased or operated by TBRR or for which TBRR requires special authorization, credentials, or permission to enter or any area to which TBRR restricts, denies, or prohibits access to (collectively “Restricted Areas”); and,

WHEREAS, TBRR desires to allow Participant to participate in one or more Events organized by TBRR and receive supervised entrance and access to TBRR’s Restricted Areas; and,

NOW THEREFORE, in consideration of Participant’s participation in an Event organized, operated or sponsored by TBRR, Participant’s access to and occupancy of any Restricted Area, the mutual promises described herein, the terms, covenants, and all other obligations herein described, the receipt and sufficiency of which is mutually acknowledged, TBRR and Participant agree as follows:

Article 1
Preamble

The Preamble to this Agreement is hereby incorporated as and for this Article 1 of the terms of this Agreement.

Article 2
Acknowledgment of Dangerous Activity

2.1 Participant acknowledges that participating in Events and occupying any Restricted Areas constitute inherently dangerous activities which involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, collision with other participants, spectators, vehicles, or natural or man-made objects; dangers arising from adverse weather conditions; imperfect conditions existing on any Restricted Areas, equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of TBRR; and other undefined risks and dangers which name may not be readily foreseeable or are presently unknown (collectively, the “Risks”). Participant is aware and understands that the Risks may be caused in whole or in part by Participant’s own actions or inactions, the actions or inactions of others participating in the Events, or the acts, inactions, or negligence of TBRR. Participant is aware of the Risks and intrinsic dangers posed by the Events, occupying the Restricted Areas, and the operation and occupancy of race cars, high performance cars, or other automobiles. Participant hereby expressly assumes all such risks and responsibility for any damages, liabilities, losses, or expenses which Participant incurs as a result of Participant’s participation in the Events or occupancy of the Restricted Areas. Participant further hereby expressly assumes all risk and responsibility for any damages, liabilities, losses, or expenses which Participant incurs as a result of any negligent rescue operations or other actions taken by TBRR after, or in response to, any death, bodily injury or property damage sustained by Participant during any Event or while occupying any Restricted Area.

2.2 Participant agrees and acknowledges that Participant is solely responsible for the security of any and all of Participant’s personal property during any Event or while Participant is occupying any Restricted Area. TBRR shall not be responsible for any lost, damaged, or stolen property of Participant.

2.3 Participant hereby represents and warrants that Participant is in good health and proper physical condition to participate in the Events and occupy any Restricted Area. Participant further represents and warrants that Participant will not, and is expressly prohibited from, participating in any Event or occupying any Restricted Area while under the influence of alcohol or any legal or illegal drug.

2.4 Participant agrees and acknowledges that Participant will inspect any Restricted Area immediately upon entering such Restricted Area. Participant shall continuously inspect the Restricted Areas throughout the duration of Participant’s time in such Restricted Areas. If, at any time, Participant feels unsafe while occupying any Restricted Area or notices in any Restricted Area any occurrence or condition of any kind that Participant believes to be unsafe, Participant shall immediately notify TBRR of such occurrence or condition, and, if necessary, voluntarily leave the Restricted Area and/or refuse to participate further in any Event.

Article 3
Compliance with Rules

3.1 Participant agrees to be familiar with and to abide by all rules and regulations established by TBRR for the Events in which Participant shall participate and/or the Restricted Areas which Participant shall occupy. Participant shall further be required to comply with all NHRA rules, regulations, and agreements when participating in an Event or occupying a Restricted Area. Participant accepts sole responsibility for Participant’s own conduct and actions while participating in any Event and/or occupying any Restricted Area. Participant understands and agrees that failure by Participant to abide by any and all rules and regulations established by TBRR or the NHRA for the Events in which Participant shall participate and/or the Restricted Areas which Participant shall occupy is, in TBRR’s sole discretion, grounds for immediate termination of any Event and or immediate removal of Participant from any Restricted Area. In the event that TBRR terminates any Event or removes Participant from any Restricted Areas as a result of Participant’s failure to abide by all rules and regulations established by TBRR, Participant shall not be entitled to any refund or reimbursement of any payment made by Participant in exchange for Participant’s participation in such Event or occupancy of any Restricted Area.

3.2 Before participating in any Event, or occupying any Restricted Area, Participant shall complete a Tech Card and attach such Tech Card as Exhibit “A” to this Agreement.

Article 4
Weather Policy

TBRR may, in its sole discretion, conduct Events and provide Participant access to any Restricted Areas regardless of weather conditions. Participant understands that the decision to participate in an Event or occupy a Restricted Area is voluntary and Participant may decline to participate in an Event or occupy a Restricted Area in the event of inclement weather conditions. Participant shall not be entitled to a refund of any payment in the event that Participant elects not to participate in an Event or occupy a Restricted Area due to any weather condition.

Article 4
Release and Indemnification by Participant

4.1 Participant, for Participant and Participant’s respective agents, attorneys, heirs, successors and assigns (hereinafter, “the Participant Releasors”) hereby forever releases and discharges TBRR and TBRR’s officers, directors, owners, partners, members, managers, stockholders, employees, principals, agents, attorneys, controlling persons, insurers, parent companies, subsidiaries, affiliates, accountants, promoters, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, promoters, sponsors, advertisers, premises and event inspectors, surveyors, underwriters, consultants, lessees, persons in any Restricted Area, and any and all other individuals who have or may have given TBRR any recommendations, directions, or instructions or were engaged in risk evaluation or loss control activities regarding the Events or the Restricted Areas, and each of their respective, directors, officers, agents, employees, heirs, successors and assigns, from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise that Participant, the Participant Releasors, or anyone claiming on their behalf, ever had, now has, or in the future may have, whether fixed or contingent, liquidated or not, known or unknown, suspected or unsuspected, based on, arising out of, or directly or indirectly relating to this Agreement, any and all Events, any Restricted Area, the Risks, Participant’s participation in any Event, or Participant’s occupancy of any Restricted Area. The released and discharged claims include, but are not limited to all claims for any form or theory of recovery, or cause of action whatsoever, whether based on tort, contract, municipal code, state law, federal law or otherwise, relating to or arising out of this Agreement, any and all Events, any Restricted Area, the Risks, Participant’s participation in any Event, or Participant’s occupancy of any Restricted Area, as well as any and all claims for actual damages, costs, fees, attorney’s fees, interest, compensatory damages, treble damages, punitive damages, exemplary damages, loss of use, and any and all other types and kinds of damages, resulting or to result from this Agreement, any and all Events, any Restricted Area, the Risks, Participant’s participation in any Event, or Participant’s occupancy of any Restricted Area.

4.2 Participant shall indemnify, save, protect, defend and hold harmless, TBRR and TBRR’s officers, directors, owners, partners, members, managers, stockholders, employees, principals, agents, attorneys, controlling persons, insurers, parent companies, subsidiaries, affiliates, accountants, promoters, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, promoters, sponsors, advertisers, premises and event inspectors, surveyors, underwriters, consultants, lessees, persons in any Restricted Area, and any and all other individuals who have or may have given TBRR any recommendations, directions, or instructions or were engaged in risk evaluation or loss control activities regarding the Events or the Restricted Areas, and each of their respective, directors, officers, agents and employees (collectively the “TBRR Indemnitees”) from and against any and all direct and indirect liabilities, judgments, claims, suits, proceedings, settlements, losses, damages, fees, liens, taxes, penalties, interest obligations, consequential damages, and expenses (including reasonably documented out-of-pocket costs of investigation and defense and reasonable attorney’s fees and expenses) (collectively, “Losses,”), incurred or suffered by any such TBRR Indemnitee arising from, by reason of, or related to, or in conjunction with: (i) the Risks; (ii.) any bodily injury or death suffered by Participant while participating in an Event or occupying any Restricted Area; (iii) damage to any of Participant’s property which Participant incurs while participating in an Event or occupying any Restricted Area; (iv.) any injury or damage to Participant or Participant’s reasonable expectation of privacy or confidentiality as a result of TBRR’s use of Participant’s name, image, or likeness pursuant to Article 6 of this Agreement (v.) this Agreement; (vi.) any action taken by any TBRR Indemnitee pursuant to this Agreement; (vii.) any breach of this Agreement by Participant; and, (viii.) any fraud or intentional misrepresentation on the part of Participant.

Article 5
Insurance

Participant shall be solely responsible for providing medical, vehicle, or property damage insurance which has primary responsibility for insuring Participant for participation in any event or for Participant’s occupancy of any Restricted Area.

Article 6
Use of Photographs or Video Recordings by TBRR

6.1 Participant hereby grants permission to TBRR to take photographs or video recordings of Participant participating in any Event or occupying any Restricted Area and to publish, use and incorporate all such photographs and video recordings in any print marketing materials, online marketing materials, video-based marketing materials or any other forms of publication or marketing materials, as well as any and all other publications for any lawful purpose including, without limitation, publicity, illustration, advertising, and Internet or Web content.

6.2 Participant authorizes TBRR to edit, alter, copy, exhibit, publish or distribute any photographs or video recordings of Participant participating in any Event or occupying any Restricted Area which are taken or recorded by TBRR, TBRR’s agents, and/or TBRR’s employees in any print marketing materials, online marketing materials, video-based marketing materials or any other forms of publication or marketing materials, or any and all other publications. Participant waives the right to inspect or approve any photographs or video recordings of Participant participating in any Event or occupying any Restricted Area, as well as the right to inspect or approve any edits, alterations or written or electronic copies thereof prior to any use or dissemination of such photographs or video recordings by TBRR in any form or fashion.

6.3 Participant waives any and all rights to receive any royalties or financial compensation of any type arising out of or in any way related to the use, incorporation and/or publication of Participant’s name, image and likeness in any print marketing materials, online marketing materials, video-based marketing materials or any other forms of publication or marketing materials, or any and all other publications or which otherwise arise from any photographs, video recording or other likeness of Participant participating in any Event or occupying any Restricted Area.

6.4 Participant hereby releases, waives and agrees to hold harmless TBRR from any reasonable expectation of privacy or confidentiality associated with TBRR’s use, incorporation and/or publication of Participant’s, name, image, and likeness in any print marketing materials, online marketing materials, video-based marketing materials or any other forms of publication.

Article 7
Miscellaneous

7.1 If any provision of this Agreement shall be deemed by a Court of competent jurisdiction to be invalid or unenforceable as written, then that provision shall be construed as restricting the Parties’ activities to the fullest extent that the Parties’ activities may be lawfully restricted. Any invalid or unenforceable provision in this Agreement shall be deemed modified so as to become enforceable (or if not subject to enforceable modification eliminated here from) for the purpose of enforcing the Agreement and the remaining separate provisions. The Parties agree that if any portion of this Agreement is found to be unenforceable or prohibited and not subject to enforceable modification, then such provision shall be stricken from the Agreement and the remainder of this Agreement as a whole shall not be affected and shall remain in full force and effect.

7.2. No breach of any provision of this Agreement shall be deemed waived unless it is waived in writing. Waiver of any one breach shall not be deemed a waiver of any other breach of the same or any other provision of this Agreement.

7.3. This Agreement may not be altered or amended except by the written agreement of all Parties.

7.4. This Agreement shall be governed by the laws of the State of Illinois. The Parties agree that if an action is brought to enforce the terms of this Agreement, jurisdiction and venue shall be proper exclusively in McLean County, Illinois. In any action commenced to enforce the terms of this Agreement, if TBRR is the prevailing Party then TBRR shall be entitled to recover from Participant all costs and expenses incurred by TBRR in connection therewith, including reasonable attorney’s fees.

7.5. The language used in this Agreement shall be deemed to be the language approved by all the Parties to this Agreement to express their mutual intent and no rule of strict construction shall be applied against any Party.

7.6 This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective transferees, personal representatives, executors, administrators, successors and assigns.

7.7 No failure or delay by TBRR in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other rights, power or privilege hereunder.

7.8 The Parties each declare and represent that no promise, inducement or agreement not herein expressed has been made to them and that this Agreement contains the entire agreement of the Parties and all prior negotiations and agreements pertaining to this Agreement, and subject matter are merged in this Agreement. The Parties each understand that the terms of this Agreement are contractual and not a mere recital.

7.9 This Agreement may be executed in one or more counterpart copies. Each counterpart copy shall constitute an agreement and all of the counterpart copies shall constitute one fully executed agreement. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof.

7.10 The Parties represent and warrant that each respective Party has the full right, legal power, and actual authority to enter into this Agreement, and has obtained the consent of any and all persons, firms, or entities, including lenders, as is required to enter into this Agreement, and that the persons signing this Agreement are duly authorized to do so.

7.11 Participant hereby warrants that Participant has read this Agreement carefully, understands its terms and conditions, acknowledges that Participant will be giving up substantial legal rights by signing (including the rights of the Participant’s spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledges that Participant has signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intends for Participant’s signature to serve as confirmation of Participant’s complete and unconditional acceptance of the terms, conditions and provisions of this Agreement.