Precision Exotics
WAIVER AND RELEASE OF LIABILITY, AND COVENANT NOT TO SUE
I, the individual named below (referred to herein as “I” or “me”), as the legal guardian of the child identified below (“Child”), request that the Child be permitted to participate as a passenger 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 represent and warrant that I am the legal parent or guardian of the Child and have full legal authority to enter into this Agreement on the Child’s behalf.
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 agree to instruct the Child to follow all safety instructions and not to interfere with the operation of any vehicle during the Rally.
4. I understand that the Child’s participation in the Rally is entirely voluntary.
5. In consideration for and as a condition of the Child’s 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 agree on behalf of myself and the Child to assume all risks associated with the Child’s participation in the Rally, including but not limited to, the risk of injury, illness, or other harm due to any act, event, or omission by the Organization and its employees, officers, directors, members, agents, volunteers, and affiliates arising from or in any manner related to the Rally; and
b. to the fullest extent permitted by Alabama law, release, discharge, covenant not to sue, and absolve the Organization and its respective employees, officers, directors, members, agents, volunteers, and affiliates from any damages, claims, actions, rights, causes of action, demands or otherwise, whether for personal injuries, property damage, or any other loss, that I have or may have individually arising out or related to the Child’s participation in the Rally 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; 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 related to the Child’s participation in the Rally, including but not limited to any claims brought by or on behalf of the Child or arising from the Child’s presence or conduct.
6. I represent and warrant that the Child is physically and mentally able to participate in the Rally and has 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 the Child’s physical or mental condition that may affect participation in the Rally.
7. 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.
8. I consent to the use of the Child’s name, image, likeness, voice, and any photographs, video recordings, or other media captured during the Child’s participation in the Rally by the Organization for promotional, educational, or any other lawful purpose, without compensation or further notice.
9. 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.