THROTTLE RACING CLUB - LIABILITY WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

NOTICE TO USER: THIS IS A LEGALLY BINDING AGREEMENT. BY ACCEPTING THIS AGREEMENT ELECTRONICALLY, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THROTTLE RACING CLUB, LLC FOR INJURIES OR DAMAGES SUSTAINED WHILE PARTICIPATING. IF THE PARTICIPANT IS UNDER THE AGE OF 18, A PARENT OR LEGAL GUARDIAN MUST ACCEPT THIS AGREEMENT ON THE MINOR’S BEHALF.

In consideration for being permitted to utilize the facilities, equipment, and services of Throttle Racing Club, LLC (hereinafter the "Activity"), I—acting either on behalf of myself as an adult Participant, or as the Parent/Legal Guardian of the minor Participant identified below—hereby agree to the following terms for myself, the Participant, and our respective heirs, assigns, personal representatives, and next of kin:

1. Acknowledgment and Assumption of Inherent Risks

I understand and agree that the Activity involves the use of high-fidelity motion racing simulators, high-torque force-feedback steering equipment, virtual reality (VR) headsets, and/or surrounding race simulation hardware. I acknowledge that these activities are physically and mentally strenuous and involve inherent risks that cannot be eliminated. These risks include, but are not limited to:

• Physical Risks: Motion sickness, nausea, dizziness, disorientation, vertigo, spatial awareness disruption, muscle strain, joint fatigue, repetitive stress injuries from high-torque steering feedback and heavy braking pedals, and injuries from trips, falls, or contact with simulator chassis.
• Neurological Risks: Eye strain, severe headaches, migraines, and the risk of photo-sensitive seizures triggered by flashing lights, high-refresh-rate screens, or immersive visual stimuli.
• Psychological Risks: Sensory overload, anxiety, elevated heart rate, or stress due to the highly immersive and competitive nature of the environment.
• Equipment/Environmental Risks: Unforeseen equipment malfunction, software failures, and slips or falls within the facility.

I FULLY UNDERSTAND THAT THESE RISKS MAY RESULT IN BODILY INJURY. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES (defined below), and assume full responsibility for participation.

2. Release of Liability and Covenant Not to Sue

I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Throttle Racing Club, LLC, its officers, members, managers, employees, agents, and the owners/lessors of the premises located at 27A E Main St, Denville, NJ (collectively, the "Releasees"), from any and all claims, liabilities, demands, or causes of action arising out of or related to any loss, damage, or injury, including death, sustained by the Participant or to personal property, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE, while participating in the Activity. This release does not extend to claims for gross negligence, willful misconduct, or intentionally tortious acts.

3. Parental & Personal Indemnification Clause

I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees from any and all litigation expenses, attorney fees, losses, liabilities, damages, or costs they may incur due to any claim made against them by me, on my behalf, or on behalf of the minor Participant, even if such claim arises from the ordinary negligence of the Releasees. If the Participant is a minor, the signing Parent/Guardian agrees to fully indemnify the Releasees for any claims brought by or on behalf of the minor.

4. Medical Declarations and Fitness to Participate

I declare that the Participant is in good health and physically fit to engage in the Activity. I confirm that the Participant does not suffer from any medical conditions that could be dangerously exacerbated by high-torque force feedback or motion simulation, including but not limited to: pregnancy, severe heart conditions, high blood pressure, a history of epilepsy or seizures, or severe vertigo.

I certify that the Participant is not under the influence of alcohol, drugs, or medications that impair physical coordination or judgment. Management reserves the absolute right to deny participation to anyone appearing impaired, without a refund.

5. Rules of Conduct and Property Damage

I agree to follow all equipment operating guidelines and instructions provided by Throttle Racing Club staff. I understand and agree that I (or the parent/legal guardian of the minor) will be held financially responsible for any property or equipment damage resulting from reckless behavior, intentional misuse, or failure to follow staff instructions. Staff instructions are mandatory; non-compliance may result in immediate termination of the session without a refund.

6. Acknowledgment of Personal Insurance

I understand that Throttle Racing Club, LLC does not provide medical, health, or accident insurance for participants. Securing adequate insurance coverage is the sole responsibility of the Participant or Parent/Guardian.

7. Media and Telemetry Release

I hereby grant Throttle Racing Club, LLC the irrevocable, worldwide, and royalty-free right to photograph, video record, or otherwise capture the Participant's likeness and voice during the Activity. I also grant permission to utilize anonymous in-game telemetry data (such as lap times, telemetry graphs, and race standings). Throttle Racing Club, LLC may use these materials exclusively for marketing, promotion, and leaderboard displays across digital and print media, without compensation.

8. Governing Law, Venue, and Binding Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any dispute, claim, or controversy arising out of or relating to this Agreement or participation in the Activity shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Morris County, New Jersey. If any legal matter proceeds to court, the exclusive venue shall be the state or federal courts located in Morris County, New Jersey, and I explicitly consent to the personal jurisdiction of such courts.

9. Severability and Entire Agreement

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This document constitutes the entire agreement between the parties regarding liability and supersedes all prior discussions.

10. Electronic Signature & Representation Acknowledgment

By checking the accompanying selection box and completing this digital registration, I explicitly represent and warrant that:
  (a) I am at least 18 years of age and legally competent to sign this Agreement; AND
  (b) I am executing this Agreement either as the adult Participant, OR as the Parent or Legal Guardian of the minor Participant named in this registration, with full legal authority to bind said minor to all terms, releases, and indemnities contained herein.

I acknowledge that I have read this document in its entirety, fully understand its terms, and recognize that I am giving up substantial legal rights. I agree that checking the agreement box constitutes a legally binding electronic signature under the New Jersey Uniform Electronic Transactions Act (N.J.S.A. 12A:12-1 et seq.).