2025 Release of Liability
THE NATIONAL CHAMPIONSHIP AIR RACES; THE AIR RACE COMMITTEES; THEIR DIRECTORS, OFFICIALS, AGENTS AND EMPLOYEES; EACH RACING CLASS, THEIR OFFICERS, MEMBERS AND VOLUNTEERS, ALL RACING CONTESTANTS AND THEIR REPRESENTATIVES AND OFFICERS; AIR SHOW PERFORMERS; THE CITY OF ROSWELL, ITS OFFICERS, EMPLOYEES AND AGENTS; AS WELL AS ALL OF THE ABOVE LISTED ENTITIES AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS SUCCESSORS AND ASSIGNS, AND ANY AND ALL OTHER PERSONS, FIRMS, CORPORATIONS OR ENTITIES WHICH MIGHT BE SUBJECT TO LIABILITY; AND ALL PERSONS CONNECTED WITH THE RACE [(the "Released Parties")]:
In consideration of my being allowed to participate in the National Championship Air Races, commencing on or about September 10, 2025, and for other valuable considerations, I, my family, including my spouse and any minors, legal representatives, heirs, executors, trustees, administrators, successors and designs hereby release [the Released Parties] and each of you, individually and collectively, from any and all claims, damages, liability or indebtedness of any kind or character, known or unknown, fixed or contingent, whether such claims are based upon negligence, strict liability, breach of warranty, or any other theory of recovery, [including claims arising from or in any way related allegations of the Released Parties own negligence,] which I may have or claim to have now or at any time hereafter by reason of my participation in said Air Races regardless of the character of such participation, including any and all injury or damage to person or property. I hereby expressly agree to [indemnify, defend and] hold [the Released Parties] and each of you harmless from any and all claims by myself or others arising directly or indirectly out of any phase of my participation in such Air Races, including your costs, expenses or attorney’s fees, directly or indirectly arising out of your defense of any specific enumeration therein contained.
I hereby declare that I am participating in said Air Races of my own free volition and that I certify that I have reviewed and accept the Rules of Competition and any attachments, additions or appurtenances thereto. [In choosing to participate in the Air Races I hereby acknowledge that there are certain risks inherent therewith, including but not limited to, human or mechanical error, Acts of God or other phenomenon that could result in serious injury or death and that I freely accept these risks in consideration of my being allowed to participate in the Air Races.]
I and/or my agents or representatives agree that the National Championship Air Races have the sole right to take still or motion pictures of all or any part of my participation in the 2025 National Championship Air Races and further that the right to dispose of such still or motion pictures, TV film and/or tape, or radio tapes, is retained solely by the National Championship Air Races. All broadcasting and television rights are retained by the National Championship Air Races.
It is my understanding that officials of said Air Races may supply information, guidance or data; but I understand that I act or rely on all such information at my own peril and said officials assume no responsibility for the completeness or accuracy of such information.
[I hereby acknowledge and agree that this Release of Liability shall be governed by and construed in accordance with the laws of the State of New Mexico, exclusive of its choice of law rules and that any and all disputes arising from or in any way related to either this Release of Liability or otherwise from my any aspect of my participation in the Air Races shall be brought before the U.S. District Court for the District of New Mexico in Roswell, New Mexico and that such court shall serve as the exclusive jurisdiction for resolving any and all disputes arising from this Release of Liability or my participation in the Air Races and I hereby waive any objection regarding jurisdiction or venue before that court.]
[I hereby acknowledge that the provisions of this Release of Liability are severable and in the event any provision, clause, sentence, section, or part thereof is held to be invalid, illegal, unconstitutional, inapplicable, or unenforceable to any person or circumstances, such invalidity, illegality unconstitutionality, inapplicability or unenforceability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, parts of the Release of Liability or their application to me or other persons or circumstances. I understand and agree that the terms, conditions, and covenants of this Release of Liability would have been made if such invalid, illegal, unconstitutional, inapplicable, or unenforceable provision, clause, sentence, section, or part has not been included therein. To the extent that any portion of this Release of Liability found to be invalid, illegal, unconstitutional, inapplicable, or unenforceable may be valid by striking of certain words or phrases, such words or phrases shall be deemed to be stricken and the remainder of the provisions and remainder of the other portions of this Release of Liability shall remain in full force and effect.]