RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

RC STREET SHOP, LLC

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the RC Street Shop facilities and equipment located at 16823 Hawthorne Blvd., Lawndale, CA 90260 (the “RC Street Shop”). In consideration for being allowed to use said facilities and equipment, and any other services provided by RC Street Shop or its employees or agents at said location, or any other location within the State of California, I represent, acknowledge and agree as follows:

  1. ACTIVITIES AND ASSOCIATED RISKS: I have chosen to participate in the Activities (hereinafter referred to as «the Activities»), which are organized by RC Street Shop, LLC (hereinafter referred to as «RC Street Shop»). I acknowledge and agree that the use of indoor RC race equipment, as well as other equipment at the RC Street Shop facility, is inherently and obviously dangerous, and I may be exposed to inherent dangers and hazards, including but not limited to some of the following (depending on the nature of the Activities): collisions with other vehicles, track barriers, or obstacles within the indoor facility; injury from moving parts such as spinning wheels, rotating gears, or other moving components; the risk of electrical shock within the indoor facility; the possibility of fire if there is a malfunction or mishandling of the electrical components within the indoor facility; the risk of eye injuries from debris or particles that may be present within the indoor facility; the risk of slipping, tripping, or falling while navigating the racecourse or moving around the indoor facility, especially if the surface is uneven or there are obstacles present; the possibility of equipment malfunction or failure, including the RC vehicle, remote control, or safety gear, which may result in loss of control or accidents; exposure to high levels of noise generated by the RC vehicles and other participants, which may pose a risk of hearing damage; some individuals may have allergies to materials used in RC vehicles or cleaning products used within the indoor facility, which could lead to allergic reactions or respiratory issues; engaging in prolonged RC racing sessions or participating in multiple races consecutively may lead to fatigue and overexertion, increasing the risk of accidents or physical strain; negligence of others; exposure to communicable diseases; falls, fractures, and concussions. As a consequence of these risks and other risks associated with the Activities that may not be listed here, I may be seriously ill, hurt, disabled, or may die from the resulting injuries, and my property may also be damaged. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity, which I further agree is for recreational purposes and completely voluntary. Hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the Activities and RC Street Shop assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Activities, I agree to the terms contained in this document.
  1. VOLUNTARY ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks as well as any other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to me, my Child or my property as a result of my participation in the Activities or during any transportation to or from the Activities—including any injury, illness, or loss caused by the negligence of RC Street Shop, its employees, agents and officers, its contractors, and other Activities participants. I also understand that any equipment that I provide or may borrow or rent from RC Street Shop or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
  1. RELEASE OF LIABILITY: I hereby RELEASE RC Street Shop, its employees, agents, officers, and contractors, the providers of any equipment used in the Activities, land owners and/or either of their employees, volunteers, and/or anyone else acting on its/their behalf (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the Activities or in any way related to the Activities, including during transportation to or from the Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that California law does not permit to be released by Agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities.
  1. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
  1. AGREEMENT TO FOLLOW DIRECTIONS: I and each child agree to follow the Code of Patron Responsibility:
    a) You acknowledge that there are inherent risks in participating in RC vehicle racing, and these risks include not only the use of RC racing equipment but also other activities and equipment. Patrons of an RC vehicle racing facility who use RC racing equipment and engage in any other activities or use any other equipment accept the risks inherent in such participation, which an ordinary prudent person should be aware of. Patrons have a duty to exercise good judgment and act responsibly while using RC racing equipment and other equipment, as well as engaging in such activities. Patrons also have a duty to obey all oral or written warnings provided before or during participation.
    b) You have a duty to refrain from participating in any Activity or using any equipment while under the influence of drugs or alcohol.
    c) You have a duty to use all provided equipment properly.
    d) You have a duty to not participate in any Activity or use RC racing equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
    e) You have a duty to avoid bodily contact with other patrons.
    f) You have a duty to avoid crowding or overloading individual sections of the RC racing equipment, tables, chairs, stands, or other furniture or equipment.
    g) You have a duty to use the RC racing equipment, and other equipment, within your own limitations, training and skills.
    h) You agree to follow and obey all posted and stated warnings and patron education signs.
    i) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.
  1. INDEPENDENT CONTRACTORS: I acknowledge that RC Street Shop has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activities.
  1. ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM:
    I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) below, to maintain a lawsuit against RC Street Shop and the other Released Parties for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) below will NOT have the right to have claim(s) determined by a jury. Reciprocally, RC Street Shop and the other Released Parties waive their right to maintain a lawsuit against me and the minor child(ren) below for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE RC STREET SHOP PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN 6 MONTHS OF ITS ACCRUAL (i.e.,the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE RC STREET SHOP FACILITY, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
  1. PHOTO/VIDEO/SOCIAL MEDIA WAIVER: I understand that during the Activities I may be recorded through mechanical, photographic, technical, digital, electronic or other means. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to RC Street Shop and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. I waive any and all claims I may have in connection with the recordings.
  1. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
  1. APPLICABLE LAW AND FORUM: This Agreement shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in the state or federal court located in Los Angeles County, California, and I agree to the jurisdiction and venue of those courts for any such dispute.
  1. TERM OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I visit RC Street Shop, whether at the current location or any other location or facility.
  1. SUBSCRIPTION: I would like to receive email promotions, discounts, and other advertisements from RC Street Shop and its partners at the email address provided below. I may unsubscribe at any time.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM RC STREET SHOP OR ANY RELATED ENTITY.