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    New York

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    WAIVER AND RELEASE OF LIABILITY

    IN CONSIDERATION OF the risk of injury that exists while participating in CAR RALLIES
    (hereinafter the “Activity”); and
    IN CONSIDERATION OF my desire to participate in said Activity and being given the right to
    participate in same;
    I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives
    (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents
    or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this
    WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of
    action of any kind arising out of my participation in the Activity; and
    I HEREBY release and forever discharge KING LUXE CLUB LLC, located at 990 Corporate Dr
    Apt 334, Westbury, New York 11590, their affiliates, managers, members, agents, attorneys, staff,
    volunteers, heirs, representatives, predecessors, successors and assigns (collectively
    “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my
    participation in the aforementioned Activity.
    I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
    PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE
    RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT
    ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING,
    ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING
    PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT
    THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE,
    CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM
    CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED
    RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
    I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all
    claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise
    brought by me or anyone on my behalf, including attorney’s fees and any related costs.
    I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or
    failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
    In the event that I should require medical care or treatment, I authorize King Luxe club LLC to
    provide all emergency medical care deemed necessary, including but not limited to, first aid,
    CPR, the use of AEDs, emergency medical transport, and sharing of medical information with
    medical personnel. I further agree to assume all costs involved and agree to be financially
    responsible for any costs incurred as a result of such treatment. I am aware and understand that I
    should carry my own health insurance.
    I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and
    mental limits and may carry with it the potential for death, serious injury, and property loss. I
    agree not to participate in the Activity unless I am medically able and properly trained, and I
    agree to abide by the decision of the King Luxe club LLC official or agent, regarding my approval
    to participate in the Activity.I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND
    RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I
    EXPRESSLY AGREE TO RELEASE AND DISCHARGE King Luxe club LLCAND ALL OF ITS
    AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,
    HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY
    AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR
    WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST King
    Luxe club LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
    To the extent that statute or case law does not prohibit releases for ordinary negligence, this
    release is also for such negligence on the part of King Luxe club LLC, its agents, and employees.
    I agree that this Release shall be governed for all purposes by New York law, without regard to
    any conflict of law principles. This Release supersedes any and all previous oral or written
    promises or other agreements.
    In the event that any damage to equipment or facilities occurs as a result of my or my family’s or
    my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for
    any and all costs associated with any such actions of neglect or recklessness.
    THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE
    DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL
    SUBSEQUENT EVENTS OF PARTICIPATION.
    THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be
    interpreted as an agreement between two parties of equal bargaining strength. Both Participant,
    _________________________ and King Luxe club LLC agree that this agreement is clear and
    unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or
    explain the terms of this agreement, but that it will be interpreted based on the language in
    accordance with the purposes for which it is entered into.
    In the event that any provision contained within this Release of Liability shall be deemed to be
    severable or invalid, or if any term, condition, phrase or portion of this agreement shall be
    determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall
    remain in full force and effect. If a court should find that any provision of this agreement to be
    invalid or unenforceable, but that by limiting said provision it would become valid and enforceable,
    then said provision shall be deemed to be written, construed and enforced as so limited.