We're passionate about creating races that give our participants an unforgettable emotional experience from start to finish. Join the movement by running with RAM Races race company.
WAIVER OF LIABILITY, RELEASE,
ASSUMPTION OF RISK, INDEMNITY & CONSENT AGREEMENT
IT IS THE PURPOSE OF THIS AGREEMENT FOR THE PARTICIPANT (AND PARTICIPANT'S PARENT(S)/GUARDIAN(S), IF APPLICABLE) TO EXEMPT, WAIVE AND RELIEVE RELEASEES FROM LIABILITY, INCLUDING IF CAUSED BY NEGLIGENCE, INCLUDING THE NEGLIGENCE, IF ANY, OF ANY RELEASEES.
"Releasees" include RUNNING AWAY ENTERPRISES, LLC d/b/a RAM Racing, its affiliate associations, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers, and each of them, their officers, directors, agents and employees.
(a) PARTICIPANT AND RELEASEES AGREE THAT ANY CLAIM FILED BY PARTICIPANT OR BY RELEASEES IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS PARAGRAPH.
(b) CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH PARTICIPANT AND RELEASEES SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
(c) Initiation of Arbitration Proceeding/Selection of Arbitrator. If Participant or Releasees elect to proceed with arbitration, the party initiating the arbitration proceeding may initiate it only with the American Arbitration Association (“AAA”). The terms of this paragraph govern in the event they conflict with the rules of the arbitration organization selected by the parties.
(d) Arbitration Procedures. The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
(e) The arbitration will take place in Chicago, Illinois USA. Illinois law will govern all disputes, without regard to conflict of law principles.
(f) If any clause within this paragraph 4, except 4(b), is found to be unenforceable, that clause will be severed from this paragraph, and the remainder will be given full force and effect. If 4(b) clause is found to be unenforceable, this entire paragraph 14 will be unenforceable, and the dispute will be decided by a court in Chicago, Illinois, USA. Participant and Releasees agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
(g) This Section 4 shall survive any termination of these terms and conditions, or Participants relationship with the Releasees.