The undersigned team or organization (“Team”) desires use of space in the infield area (“Space”) at the events set forth below (“Events”) being promoted by the subsidiary of Pocono International Raceway, Inc, set forth below (“Company”). This Waiver and Release is entered into at the location set forth below (“Location”). Team agrees to be bound by the terms and conditions herein and agrees as follows:
1. Team agrees to comply with all rules, regulations and/or requirements of Company.
2. Team understands and agrees that because of certain federal, state, city and/or local laws, codes, ordinances or regulations governing temporary motorcoach, motor home and/or recreational vehicle (the “Motorcoach”) facilities, a fire lane must be maintained within the infield area. Team agrees to follow instructions or directions given by Company to ensure compliance.
3. Team agrees no structures, (i.e., platforms, stages, scaffolding, etc) are allowed on top of any Motorcoach.
4. Team understands and agrees that the maximum width and length of its Motorcoach, including canopy, tent and auxiliary equipment, cannot exceed the overall dimensions of the assigned Space.
5. Team agrees no one will be allowed to enter any infield areas before the date set forth by company. NO EXCEPTIONS.
6. TEAM HEREBY FULLY AND FOREVER HOLDS HARMLESS AND RELEASES COMPANY, ITS PARENT, SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, THE CITY IN WHICH THE EVENTS TAKE PLACE, SPONSORS, SANCTIONING BODIES, OTHER TEAMS AND THEIR SPONSORS, OWNERS OR LESSORS OF REAL PROPERTY USED IN CONNECTION WITH EVENTS (INCLUDING PARKING LOTS), AND EACH OF THEIR RESPECTIVE, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASEES”) AGAINST ALL CLAIMS, DAMAGES, LIABILITITES, LOSSES, DEMANDS, SUITS, LEGAL PROCEEDINGS, OR CAUSES OF ACTION OF ANY KIND INCLUDING DAMAGES ARISING FROM PERSONAL INJURY OR DEATH AND THEFT OF OR DAMAGE TO REAL OR PERSONAL PROPERTY, AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND SUIT) (THE “DAMAGES”) ARISING FROM OR IN ANY WAY CONNECTED WITH THIS WAIVER AND RELEASE OR ANY ALLEGED OR ACTUAL BREACH THEROF, OR FROM ANY ACT OR OMISSION OF TEAM, OR ANY OF ITS EMPLOYEES OR AGENTS, WHETHER OR NOT SUCH DAMAGES ARE BASED ON OR ALLEGED TO BE DUE TO THE NEGLIGENCE OF ANY OF THE RELEASEES. ALL SUCH DAMAGES ARE SUBJECT TO THE PROVISIONS OF THE WAIVER AND REALEASEE AND ARE EXPRESSLY WAIVED HEREUNDER.
7. Team agrees Company has the right to enforce certain exclusive agreements at the Events with various catering, food and beverage, and security firms (“Company Approved Firm”). If Team wants to use a non-Company Approved Firm, it must obtain Company’s prior written approval.
8. Team agrees all food and beverage, alcoholic or non-alcoholic, served in connection with use of the Space shall be obtained from the Company Approved liquor concessionaire or Company Approved caterer or will be brought in to the Space by Team personally. Use of any other food or beverage provider is expressly prohibited without Company’s prior written approval.
9. Team represents that no promise, inducement or agreement not expressed herein has been made to Team, that this Waiver and Release contains the entire agreement between the parties, and that the terms of this Waiver and Release are contractual and not a mere recital.