By signing this form and taking part in the Event, the Participant declares the following to the benefit of Jan Kalmar Beyond Adventure OÜ, its employees, staff, operator, the operators of driving sites, authorities, service companies and all persons who are connected with the organization and execution of the Event as well as the indirect agents of all the above-mentioned persons and offices (in the following referred to as Beneficiaries) for the Event: Spirit of Speed Arctic January 2025.
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- The Participants take part in the Event at their own risk. They bear sole responsibility under civil and criminal law for any damages caused by them or by and to the vehicles they use.
- The Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he or she may be exposed to or infected by COVID-19 during the Event and that such exposure or infection may result in personal injury. As consideration for being permitted to participate in the Event, the Participant accepts sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, he or she may experience or incur (“Covid Claims”). The Participant will release, covenant not to sue, discharge, and hold harmless the Beneficiaries of and from the Covid Claims.
- The Participant herewith agrees that the Beneficiaries are not liable to the Participant for any claims resulting from any type of damage caused in connection with the Event, with the following exceptions:
- The exclusion of liability does not apply in case of gross negligence and wilful or malicious intent of the Beneficiaries.
- Likewise, it does not apply in the event of negligent breach of major contractual obligations. However, the liability is limited to compensation for the foreseeable, typically incurred damage at the time of contract conclusion.
- Insofar as an exclusion or limitation of liability is agreed as above, the Participant hereby agrees to this not only in his own name, but also on behalf of any natural or legal persons to which the claims may pass in the event of an incident.
- The Participant fully indemnifies the Beneficiaries from all third-party claims brought against the Beneficiaries as well as all costs relating to a reasonable legal defence if a claim is raised against the Beneficiaries on the grounds of a damaging event caused by the Participant.
- The exclusion from liability takes effect for all those involved when the form is submitted. The exclusion of liability applies to all claims based on whatever legal basis, in particular to claims for compensation relating to contractual and non-contractual liability as well as to claims relating to illicit action.
- This agreement is subject to the law of Estonia.