To the Released Parties: include: Hampton Downs (NZ) Limited ('Hampton Downs') and its parent, subsidiary and affiliate companies (including the land owner) and their respective directors, officers, employees, contractors, agents, and volunteers
From the Releasing Parties: include: the undersigned as well as the undersigned spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors, assigns, or anyone else who might claim or sue on the undersigned’s behalf.
I, the undersigned, hereby confirm and warrant and agree to be bound by the following terms and conditions in favour, and for the benefit of, the Released Parties:
- I warrant that:
- I am over eighteen years of age or I am the legal guardian and give authority for the passenger if under 18 years of age and on behalf of the passenger and myself, freely, willingly and voluntarily elect to be bound by the terms and conditions.
- I have not consumed any alcohol or other drugs or substances which may affect my ability to drive, for the period of twelve (12) hours before signing this indemnity form.
- I will comply with the Occupational Safety and Health Regulations provided to me by Hampton Downs or its employees and agents at all times, including the wearing of full safety clothing and gear at all times whilst required.
- I will at all times comply with the instructions of Hampton Downs and Hampton Downs employees and agents.
- I will not allow any person other than the person named on this form to be a passenger.
- I will not enter the Hampton Downs Circuit without first obtaining the Hampton Downs Circuit Manager's permission.
- I will exercise all due care and will at all times comply with the Safety Regulations of the Hampton Downs MotorSport Park.
- I understand that the Hampton Downs Circuit Manager or any of other Hampton Downs employees or agents may terminate and prohibit my access to the facility if I breach any of the terms in this indemnity form.
- I will be responsible for and will pay to make good any damage I may cause, whether deliberately or otherwise, to any property of Hampton Downs Motorsport Park.
- I will not hold any of the Released Parties responsible for any damage, injury or death caused by mechanical failure or otherwise of any vehicle supplied by those parties, whether directly or indirectly, or due to the state of the Hampton Downs Circuit.
- I understand that in consideration of me being granted permission to use the Hampton Downs Circuit and/or venue I warrant all of the above and, to the fullest extent permitted by law, I agree to indemnify each of the Released Parties from and against all actions, claims, liabilities, costs, expenses and demands in respect of death, injury, loss or damage to person or property however caused, arising out of or in connection with my use of a vehicle and the Hampton Downs Circuit, including claims by third parties, notwithstanding that such claims may have been contributed to by the fault or negligence of any of the Released Parties. I further agree that this indemnity form shall bind each of the Releasing Parties. The above provisions confer a benefit on, and are intended to be enforceable by, each of the Released Parties (in accordance with the Contracts (Privity) Act 1982.