Precision Exotics
in conjunction with Smile Awhile Inc.
WAIVER AND RELEASE OF LIABILITY, AND COVENANT NOT TO SUE
I, the individual named below, (referred to herein as “I” or “me”), request to be permitted to participate in the Ride for Kam exotic car rally, and any activities incidental or related thereto (the “Rally”), with SMILE AWHILE, INC., an Alabama nonprofit corporation (the “Organization”). I realize that this Waiver and Release of Liability, and Covenant Not to Sue applies to the Event on September 11, 12 and 13, 2026. I hereby acknowledge that I have the legal right to consent to and, by signing below, hereby agree to all of the terms and conditions set forth herein this agreement (“Agreement”).
1. I understand that I will be solely responsible for the actions, conduct, and safety of myself during the Rally, including following all rules, regulations, and instructions. I agree to comply with all applicable laws, rules, regulations, and instructions provided by the Huntsville Police Department, the Organization, and/or the Organization’s designated representatives.
2. I understand that there are certain risks inherent in participation in the Rally, including but not limited to: loss of vehicle control; collisions with other participant vehicles, third-party vehicles, pedestrians, or fixed objects; mechanical failure of vehicles or components; road hazards such as uneven surfaces, debris, construction, or changing traffic conditions; reduced visibility or traction due to weather; and actions or inactions of others. I have been given the opportunity to ask questions about the Rally and the risks involved.
3. I understand that my participation in the Rally is entirely voluntary.
4. In consideration for and as a condition to the participation in the Rally, I, for myself and on behalf of my personal representatives, executors, heirs, and next of kin hereby:
a. expressly, knowingly, and voluntarily assume the risk of injury, illness, or other harm due to any act, event, or omission, including but not limited to any acts or omissions by me, the Organization, and its employees, officers, directors, members, agents, volunteers, and affiliates arising from or in any manner related to the Rally; and
b. release, discharge, covenant not to sue, and absolve the Organization and its respective employees, officers, directors, members, agents, volunteers, and affiliates from and against any and all injuries, damages, claims, actions, rights, causes of action, demands or otherwise, whether for personal injuries, property damage, or any other loss, damages or expenses by or on behalf of myself which I have or may have including, without limitation, any claims arising from the partial or sole negligence of the Organization and its employees, officers, directors, members, agents, volunteers and affiliates, arising from or in any manner related to the Rally; and
c. expressly agree to defend, indemnify, and hold harmless the Organization, its insurers, and its respective employees, officers, directors, members, agents, volunteers, affiliates, and representatives from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of any kind, including without limitation, attorney fees, the fees and costs of enforcing any right to indemnification under this Agreement, the costs of indemnifying any third parties, and the cost of pursuing any insurance providers, arising out of or resulting from (i) my participation in the Rally; or (ii) my acts or omissions in connection with the Rally, including any conduct that contributes to injury of any third-party, including other participants, pedestrians, or spectators.
5. I represent and warrant that I am physically and mentally able to participate in the Rally and have no medical conditions, disabilities, or limitations that would prevent safe participation or create an increased risk of injury. I agree to immediately notify a representative of the Organization of any changes in my physical or mental condition that may affect participation in the Rally.
6. I expressly agree that this Waiver and Release of Liability, and Covenant Not to Sue is intended to be as broad and as inclusive as permitted by the laws of the State of Alabama, and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full force and effect.
7. I consent to the use of my name image, likeness, voice, and any photographs, video recordings, or other media captured during my participation in the Rally by the Organization for promotional, educational, or any other lawful purpose, without compensation or further notice.
8. This Waiver and Release of Liability, and Covenant Not to Sue shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict of law principles. Any dispute arising out of or relating to this Waiver and Release of Liability, and Covenant Not to Sue or the Rally shall be brought exclusively in the state or federal courts located in Madison County, Alabama, and I hereby consent to the personal jurisdiction of such courts.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS AGREEMENT INCLUDES A WAIVER AND RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, AN INDEMNIFICATION AGREEMENT, AND AN AGREEMENT NOT TO SUE SMILE AWHILE, INC., AND OR ITS AFFILIATES, AND I SIGN IT KNOWINGLY AND VOLUNTARILY OF MY OWN FREE WILL.