NATIONAL AUTO SPORT ASSOCIATION (NASA)

PUBLICITY RELEASE AND ASSUMPTION OF RISK, RELEASE

1AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in events sanctioned by  NASA, INC. (herein the “EVENTS”) for and during 2019-2021 or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission to the general public is restricted or prohibited), on behalf of myself, my personal representatives, heirs, and next of kin:

1. I represent that I am free of any mental or physical condition that may impair or be aggravated by my participation in the Events, I am of sound mind and body and am entering into this Agreement voluntarily.

2. If I am driving a vehicle in connection with the Event. I represent that I am at least 18 years of age and have a valid driver’s license. I also HEREBY agree to follow track rules and instructions and will not be under the influence of or impaired by alcohol, drugs, medication, illness or fatigue or injury during the Event.

3. I acknowledge, agree, and represent that I have or will immediately upon entering any such of the RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which I enter, and further agree and warrant that, if at any time, I am in or about RESTRICTED AREAS and I feel anything to be unsafe, I will immediately advise the officials or such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENTS.

4. I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, including Gardner Automotive Communications, Inc., Toyota Motor Sales, U.S.A., Inc. and its affiliates and distributors, and any advertisers, owners and lessees of premises used to conduct the EVENTS, premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENTS and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees”, FROM ALL LIABILITY TO ME, my 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 MY PERSON OR PROPERTY OR RESULTING IN MY DEATH ARISING OUT OF OR RELATED TO THE EVENTS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. I HEREBY AGREE TO DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur due to claims brought against the Releasees arising out of or related to my injury or death from the EVENTS WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

6. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE arising out of or related to the EVENTS whether caused by the NEGLIGENCE OF RELEASEES or otherwise.

7. I HEREBY acknowledge that the ACTIVITIES OF THE EVENTS ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. I also expressly acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. I agree to assume all risks and dangers known or unknown, foreseen or unforeseen in connection with the Events.

8. I HEREBY agree that NASA, Inc. and Toyota Motor Sales, U.S.A, Inc. and their respective parents, subsidiaries, affiliates, distributors, dealers and contractors shall have the right to record, broadcast and otherwise exploit in any and all media throughout the world my participation in the Events and to use my name, likeness, voice and biographical information in connection therewith.

9. I HEREBY agree that the Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Events are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

10. I HEREBY agree that this Agreement shall be irrevocable, binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation and shall be in full force and effect for all EVENTS during the stated time period.

I HAVE READ THIS PUBLICITY RELEASE AND ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THE TERMS, AND THAT I HAVE DONE SO  FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. BY CHECKING THE BOX ON THE REGISTRATION PAGE, I ACCEPT AND AGREE TO A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.