URA License Releases & Agreements
THIS IS AN ASSUMPTION OF RISK AND INDEMNITY AGREEMENT - CONSENT AND RELEASE OF LIABILITY
THIS SECTION MUST BE CAREFULLY READ AND SIGNED BY THE APPLICANT. IN CONSIDERATION OF BEING PERMITTED TO ENTER FOR ANY PURPOSE ANY RESTRICTED AREA (defined to be any area which requires special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited), or being permitted to compete, officiate, observe, work for, or for any purpose participate in any way in the EVENT(S), THE UNDERSIGNED, for himself/ herself, his/her personal representatives, heirs, and next of kin, acknowledges, agrees and represents that he/she has, or will immediately upon entering any of such restricted areas and will continuously thereafter, inspect such restricted areas and all portions thereof and which he/she enters and with which he/she comes in contact, and he/she does further warrant that his/her entry upon such restricted area or areas and his/her participation, if any, in the EVENT(S) constitutes an acknowledgment that he/she has inspected such restricted areas and that he/she finds and accepts the same as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she is in or about restricted areas and he/she feels anything to be unsafe, he/she will refuse to participate further in the EVENT(S), will immediately advise the officials of such unsafe situation and will leave the restricted areas and not return.
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE PROMOTERS, PARTICIPANTS, RACING ASSOCIATION, SANCTIONING ORGANIZATION OR ANY SUBDIVISION THEREOF, TRACK OPERATOR, TRACK OWNER, OFFICIALS, VEHICLE OWNERS, DRIVERS, PIT CREWS, ANY PERSONS IN ANY RESTRICTED AREA, SPONSORS, ADVERTISERS, BROADCAST AND PRODUCTION ENTITIES, SUPPLIERS, OWNERS AND LESSEES OF PREMISES USED TO CONDUCT THE EVENT(S), PREMISES OR EVENT INSPECTORS, SURVEYORS, INSURERS, UNDERWRITERS, CONSULTANTS OR OTHER PERSONS OR ENTITIES WHO GIVE RECOMMENDATIONS, DIRECTIONS, OR INSTRUCTIONS OR ENGAGE IN RISK EVALUATION OR LOSS CONTROL ACTIVITIES REGARDING THE PREMISES OR EVENT(S), AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, LIMITED LIABILITY AND AFFILIATED COMPANIES, MEMBERS, WHOLESALERS, AFFILIATED CORPORATIONS, AND EACH OF THEM, AND THE DIRECTORS, OFFICERS, AGENTS AND EMPLOYERS OF EACH OF THEM, ALL FOR THE PURPOSES HEREIN REFERRED TO AS THE “RELEASEES”, FROM ALL LIABILITY to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the “RELEASEES”, while the undersigned is in or upon the restricted area, and/or competing, officiating in, observing, working for or for any purposes participating in the EVENT(S).
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE “RELEASEES” and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon the restricted area or in any way competing, officiating, observing, or working for, or for any purpose participating in the EVENT(S) and whether caused by the negligence of the “RELEASEES”.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF “RELEASEES” while in or upon the restricted area and/or while competing, officiating, observing, or working for or for any purpose participating in the EVENT(S). THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE “RELEASEES”.
THE UNDERSIGNED expressly acknowledges and agrees that the activities of the EVENT(S) are very dangerous and involve the risk of serious injury and/or death and/or property damage and that his/her heirs and next of kin have been so advised. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is to be governed by and construed in accordance with the laws of the State of Florida applicable to a contract executed and performed in such State, without giving effect to the conflicts of laws principles thereof, and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
All rights and obligations of this license, if granted, are specific to the individual applicant executing this membership and license application.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
I am the applicant identified on the reverse side of this application. I hereby apply for a URA membership, license and annual credential to participate in URA-sanctioned activities, including but not limited to competition races, testing and practices, collectively referred to as “Event(s)”, in the category indicated on the reverse side, including access to restricted areas during Events.
URA RULES. I will make myself familiar with the current rules at each URA-sanctioned track I visit, and I understand that the most current version of the rules will be available on the website of each sanctioned track, and I agree to abide by such rules as they may be amended from time to time.
NO TRANSFER. I understand that my membership and license are personal to me, that I may not transfer or give it to any other person or entity, that any attempt to transfer, lend, or permit any other person or entity to use it shall result in a fine imposed by URA of not less than Five Hundred Dollars ($500) and/or suspension or termination of the membership and license. In addition, I will INDEMNIFY URA and all related parties for any damages arising in connection with such unauthorized transfer, lending or use.
NO AGENCY OR EMPLOYEE RELATIONSHIP. I certify that I am not an agent or employee of URA and that I will not become an agent or employee of URA as a result of URA’s approval of my application. I further certify that, with respect to any activities in which I engage as a member and licensee of URA, I am either an independent contractor or an employee of another person or entity. Therefore, I assume all responsibility either by myself or my employer, for any charges, record keeping, premiums and taxes, if any, payable on any funds I may receive as a result of my activities as a URA member and licensee, including but not limited to, social security taxes, unemployment insurance taxes, workers compensation insurance, income taxes and withholding taxes.
ADVERTISING AND PROMOTION RELEASE. URA, its duly authorized agents and assigns, may use, on a non-exclusive basis, unless otherwise provided in the Driver and Car Owner Agreement, my name, likeness and performance, including photographs, images and sounds of me and/or any vehicle(s) with respect to which I compete in URA events, in any medium (including but not limited to print, broadcasts by and through television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, film productions, audiotape productions, transmissions over the Internet, public and private online services authorized by URA, and sales and other commercial projects, and the like) for promoting, advertising, or reporting any URA event, or related telecast or programming, before, during and after such event, and for the publicity, and I do hereby relinquish to URA in perpetuity all rights thereto for such purpose.
BROADCAST AND OTHER RIGHTS. I acknowledge that URA exclusively and in perpetuity owns any and all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means, process, medium or device (including but not limited to television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, film productions, audiotape productions, transmissions over the Internet, public and private online services authorized by URA, sales and other commercial projects, and the like), whether or not currently in existence, all images, sounds and data (including but not limited to in-car audio, in-car video, in-car radio, other electronic transmissions between cars and crews, and timing and scoring information) arising from or during any URA event and that URA is and shall be the sole owner of any and all intellectual property rights (including, but not limited to, patents, copyrights, trademarks, design rights, and other proprietary rights) worldwide in and to these works and in and to any other works, copyrightable or otherwise created from the images, sounds and data arising from, during or in connection with any URA event. In addition to the extent not already owned by URA, I hereby assign to URA exclusively and in perpetuity any and all rights set forth above. I represent and warrant that as of the date of this Agreement, I have not granted to any third party the rights described herein. I agree to take all steps reasonably necessary, and all steps requested by URA, to protect, perfect or effectuate URA’s ownership or other interest in these rights. I agree not to take any action, nor cause others to take any action, nor enter into any third party agreement which would contravene, diminish, encroach or infringe upon these URA rights. I agree to allow any and all equipment relating to such audio, video, radio, electronic transmissions and timing and scoring information, including, but not limited to, size, location, weight, and use thereof as determined by URA, in the racing vehicle for each event. In addition, I agree to the use of aerial drones above or around competition areas during Events related to video and audio transmissions.
I hereby enclose my annual membership and license dues for the year. I understand that the receipt of this membership application and fee by any URA Official, and/or the depositing of accompanying funds by URA, does not constitute approval of this application, and that all applications must be approved by URA Headquarters. I warrant that all of the information provided herein is true and accurate.