RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY DISCLAIMER
IN CONSIDERATION of purchasing or receiving parts, service, information or advice (Herein referred to as Products) from Wulff Motorsport as a client, customer, guest or otherwise (Herein referred to as “Client”) or for any purpose associated with Performance Development LLC DBA Wulff Motorsports “Client” agrees for himself, his personal representatives, heirs, assigns and next of kin:
1. “Client: acknowledges, agrees and represents that he/she understands given the nature of the environment in which products or services are used and that MOTORING AND MOTORSPORTS ARE DANGEROUS, THE “CLIENT” ASSUMEES ALL RISKS INCLUDING INJURY, DEATH OR DAMAGE TO PROPERTY.
2. “Client” HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Performance Development LLC, its agents, officers, heirs, beneficiaries, volunteers, assigns, successors, attorneys, affiliates and employees for any and all claims arising out of the use of “Products”. Herby referred to as "Releasees," FROM ALL LIABILITY TO THE “CLIENT”, his 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 PERSONS OR PROPERTY ARISING OUT OF OR RELATED TO THE “PRODUCTS” WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. “Client” 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 arising out of or related to the “CLIENTS” USE OF PRODUCTS, WHETHER CAUSED BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE.
4. “Client” HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the “PRODUCTS” whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
5. Client” HEREBY acknowledges that “PRODUCTS” will be only be used in a lawful manor and that “CLIENT” is responsible to ensure that all “PRODUCTS” meet any laws, regulations, covenants or restrictions for which they are used.
If any provision of this Disclaimer or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable or shall become a violation of any local, state or federal law, then the same or the same as so applied shall no longer be a part of this Disclaimer, but the remainder of this Disclaimer, such provision and the application thereof to the other persons and circumstances shall not be affected thereby and this disclaimer as so modified shall continue in full force and effect.
This disclaimer may be modified or updated without notice.