WAIVER, RELEASE, ASSUMPTION OF RISK and WARRANTY DISCLAIMER

I acknowledge the purchase of a Racing Vehicle(s) and/or Racing Parts from Pace Off Road corp., a North Carolina Corporation. Upon purchase of Racing Vehicle(s) and/or Racing Parts, I further acknowledge and agree to the following:

1. BY ACCEPTANCE OF DELIVERY OF THE RACING VEHICLE(S) AND/OR RACING PARTS, OWNER HEREBY RELEASES PACE OFF ROAD CORP., ITS RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES, AND DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM THE VEHICLE OR PARTS, OR ACCEPTANCE, POSSESSION OR USE/MISUSE OF THE VEHICLE OR PARTS, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR PART UPON ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE RELEASED PARTIES. THIS RELEASE SHALL INCLUDE BUT NOT BE LIMITED TO DAMAGES FOR ECONOMIC LOSS, INJURY, DISMEMBERMENT, DEATH OR ANY OTHER POSSIBLE LOSS OR DAMAGE WHICH MAY BE SUFFERED BY OWNER BY THEIR ACCEPTANCE, POSSESSION OR USE/MISUSE OF THE VEHICLE OR PARTS.
2. THE RELEASED PARTIES MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE VEHICLE OR PARTS, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE VEHICLE OR PARTS, ITS MERCHANTABILITY, OR IT’S FITNESS FOR ANY PARTICULAR PURPOSE.

OWNER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE RELEASED PARTIES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY; THE RELEASED PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. Owner acknowledges that the Released Parties as defined herein make no guarantee, warranty or representation, express or implied, as to the quality, fitness, safety, efficiency, road ability or fitness for particular purpose of the VEHICLE and/or PARTS. Further, by Owner’s purchase, hereto Owner assumes all risks of loss, damages, injury or death that may be sustained by Owner, in Owner’s use/misuse of the VEHICLE and/or PARTS.

Owner hereby releases and holds harmless (and promises not to sue) the Released Parties and/or any of its partners, affiliated companies, subsidiaries, sponsors, suppliers, agents or employees, together with the owners, officers, directors, partners, agents, attorneys, and employees of any of the foregoing from any and all claims, demands, actions, causes of action, loss or liability arising out of or related to any loss, damages or injury, including death that Owner may sustain from Owner’s use/misuse of the VEHICLE and/or PARTS. Owner is agreeing to this waiver and release on behalf of both Owner, and his/her heirs, devisees, legatees, beneficiaries, administrators, personal representatives, successors and assigns. Owner acknowledges that the Released Parties specifically disclaim any warranty as to the fitness of the VEHICLE and/or PARTS for any particular purpose. Owner waives all claims he/she has or may have in the future arising out of the breach of any such warranty, express or implied, including any implied warranty of merchantability or fitness for any particular use. Owner further acknowledges that it is Owner’s responsibility to inspect the VEHICLE and/or PARTS and determine that the VEHICLE and/or PARTS are suitable for operation.

4. Owner recognizes the inherent dangers and hazards involved in operating and racing a VEHICLE and/or use of racing PARTS, and that such activities can result in accidents, injuries or death. Owner hereby waives any rights Owner or Owner’s estate may have or acquire against the Released Parties in case of accident or injury (including death) to Owner’s person or property, recognizing the risk Owner is voluntarily assuming by operating a Racing VEHICLE and/or use of Racing PARTS
5. OWNER HEREBY ASSUMES ALL AND FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF, OR RELATING TO THE VEHICLE AND/OR PARTS OR OPERATION OF THE SAME.