Baja Racing News.com EXCLUSIVE
SCORE International must be desperate, they go berserk and demand racers sign a "2009 Baja 1000 Waiver of Liability and Indemity (Indemnity)", that on its face is UNCONSTITUTIONAL!
Is this the END of SCORE?
SCORE International is now requiring all racers to sign and submit to indemnify SCORE International from any mistakes of ANY kind.
Any racer who wishes to race in a SCORE sanctioned event, will have no right to PROTEST any rulings by the sanctioning body! SCORE is demanding the racers keep their big mouths shut, under penalty of threatened litigation by SCORE against the racers in question.
Baja Racing News.com has received reports that this NEW legal document is the product of Oscar Ramos, the attorney for SCORE and was drawn up in Mexico by a non-english speaker and in a non-American legal stature. Looking at the spelling errors alone, shows this reporter, some flunky in Tijuana wrote it.
The constitutional rights of the signee would have to be waived for any agreement of this type to be valid. In Mexico it could be considered legal. There is no way this document could be legal in the United States, even if signed by the participant.
Here is the language "Godfather" Sal Fish is now demanding racers sign, before racing in this years, 2009 Baja 1000:
"I CERTIFY THAT I HAVE READ THE 2006-2010 SCORE RULEBOOK AND THAT I UNDERSTAND AND SHALL COMPLY WITH ALL RULES CONTAINED THEREIN. I SPECIFICALLY AGREE THAT SCORES INTEREPREATION (INTERPRETATION) OF RULES, DECISIONS ENFORCING RULES, INTERPRETATION OF PENALTIES IN CONNECTION WITH ENFORCEMENT OF RULES, TIMINING (TIMING) OF EVENTS AND DECISIONS AS TO WINNERS AND PLACEMENT POSITIONS SHALL BE FINAL AND NOT SUBJECT TO PROTEST OF ANY KIND. NO DECISION OF SCORE WITH RESPECT TO RACE RESULTS MAY BE CHALLENGED BY LITIGATION OR OTHERWIESE (OTHERWISE). I UNDERSTAND THAT ANY STATEMENTS MADE BY ME OR ANYONE ACTING ON MY BEHALF WHICH CHALLEGES (CHALLENGES) THE INTEGRITY OF SCORES DECISION WITH RESPECT TO RACE RESULTS WILL CAUSE IRREPARABLE HARM TO SCORE’S BUSINESS REPUTAION (REPUTATION) AND SUBJECT ME TO DAMAGES UNDER APPLICALBE (APPLICABLE) LAW. I ALSO CERTIFY THAT I HAVE READ AND WILL COMPLY WITH ALL SUPPLEMENTAL OR AMENDED RULES SPECIFICALLY PUBLISHED FOR THIS EVENT IN THE RACE BULLETINS."
Here is the text of the document in its entirety:
""2009 TECATE SCORE BAJA 1000
WAIVER OF LIABILITY & INDEMNITY AGREEMENT
PLEASE READ CAREFULLY
FOR INFORMATIONAL PURPOSES ONLY - DO NOT SIGN
MUST BE SIGNED AT BAJA 1000 RACE REGISTRATION IN ENSENADA
I UNDERSTAND THAT IN CONSIDERATION AND EXCHANGE FOR, AND AS A CONDITION TO MY PARTICIPATION IN THE 2009 TECATE SCORE BAJA 1000 OFF-ROAD
RACE ACTIVITIES, I KNOWINGLY AND FREELY RELEASE AND INDEMNIFY SCORE INTERNATIONAL ("SCORE"), TECATE BEER, RED BULL, MICHELIN TIRE COMPANY,
INSTANT MEXICO INSURANCE, SUNOCO RACE FUELS, AND ALL OTHER SCORE SPONSORS, FROM ALL RESPONSIBILITY TO ME, MY HEIRS, EXECUTORS AND
ASSIGNS FOR ANYTHING THAT OCCURS DURING THE RACE. IT IS MY INTENTION THAT THIS RELEASE AND INDEMNIFICATION EXTEND TO MY PARTICIPATION IN
THE RACE, USE OF ANY AND ALL EVENT RELATED FACILITIES, INCLUDING BUT NOT LIMITED TO, MY USE OF THE RACE COURSE DURING THE EVENT AND PRERUNNING (PRE-RUNNING) OF THE RACE COURSE PRIOR TO THE EVENT.
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY THE
ORGANIZER OF THIS EVENT AND SCORE INTERNATIONAL ("SCORE"), TECATE BEER, RED BULL, MICHELIN TIRE COMPANY, INSTANT MEXICO INSURANCE,
SUNOCO RACE FUELS, AND ALL OTHER SCORE SPONSORS, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, VOLUNTEERS, MEMBERS, CLUBS, SPONSORS,
PROMOTERS AND AFFILIATES (COLLECTIVELY “RELEASEES”), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH
LEGAL AND BINDING CONSEQUENCES AND IT APPLIES TO ALL RACES AND ACTIVITIES ENTERED AT THE EVENT, REGARDLESS WHETHER OR NOT LISTED
ABOVE. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.
I UNDERSTAND AND ACKNOWLEDGE THAT OFF-ROAD RACING IS AN INHERENTLY DANGEROUS ACTIVITY AND FULLY REALIZE THE DANGERS OF
PARTICIPATING IN THIS EVENT. I ALSO UNDERSTAND THAT BY PARTCIPATING IN THE RACE AND PRE-RUNNING ACTIVITIES, I AM EXPOSING MYSELF TO THE
POSSIBILITY OF SERIOUS INJURY OR EVEN DEATH TO MY PERSON AS WELL AS DAMAGE TO MY PROPERTY. I KNOWINGLY AND VOLUNTARILY ACCEPT THESE
STATED RISKS AND FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION.
I HEREBY FOR MYSELF, MY HEIRS, EXECUTORS, ASSIGNS, AS WELL AS MY SPONSORS OR ANY AFFILIATED COMPANY WITH WHOM I HAVE ANY BUSINESS
RELATIONSHIP, AGREE WITH SCORE AS FOLLOWS:
I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE THE RELEASEES THEIR OFFICERS, AGENTS,
OFFICIALS AND EMPLOYEES FROM ANY AND EVERY CLAIM OR RIGHT OF ACTION OF ANY KIND OR NATURE, INCLUDING CLAIMS ARISING FROM THE RELEASEES
OWN NEGLIGENCE, WHICH ARISES OUT OF OR RESULTS FROM MY PARTICIPATION IN THIS RACING EVENT. I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS
SCORE AND ALL SCORE SPONSORS FROM ALL SUCH CLAIMS OR RIGHTS OF ACTION, AS WELL AS COSTS, LOSS OR EXPENSE IN ANY WAY RELATED TO OR
ARISING OUT OF THOSE CLAIMS OR RIGHTS OF ACTION, INCLUDING ATTORNEY FEES.
IT IS MY INTENTION THAT THIS WAIVER OF LIABILITY AGREEMENT AND THE INDEMNITY AND HOLD HARMLESS PROVISION DESCRIBED ABOVE SHALL COVER
ANY CLAIM OR DEMAND FOR INJURY TO OR DEATH OF ANY PERSON, OR ANY DAMAGE TO OR DESTRUCTION OF ANY PROPERTY, OR ANY CLAIM OR DEMAND OF
ANY KIND OR NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO, INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR DESTRUCTION OF ANY
PROPERTY, ANY DAMAGE TO MY REPUTATION, BUSINESS, OR BUSINESS RELATIONSHIPS WHICH MAY ARISE OUT OF ANY ACTS OR OMISSIONS OF SCORE, ITS
OFFICERS, AGENTS, OFFICIALS AND EMPLOYEES, EVEN IF SAID ACT OR OMISSION WOULD BE CONSIDERED NEGLIGENT UNDER APPLICABLE CIRCUMSTANCES.
BY SIGNING THIS WAIVER OF LIABILITY AGREEMENT, I DO NOT RELEASE ANYONE FROM ANY DAMAGE I SUFFER FROM INTENTIONAL ACTS DESIGNED TO HARM
EITHER ME OR MY PROPERTY. HOWEVER, I DO KNOWINGLY RELEASE SCORE AND ALL SCORE SPONSORS FROM LIABILITY THAT MIGHT BE IMPOSED ON THEM
BY LAW FOR SUCH ACTS OF THEIR OFFICERS, AGENTS, OFFICIALS AND EMPLOYEES THAT HAVE NOT BEEN DIRECTED, ADOPTED OR RATIFIED BY AN OFFICER
OR DIRECTOR OF SCORE.
I DECLARE THAT I HAVE READ THIS WAIVER OF LIABILITY AGREEMENT AND FULLY UNDERSTAND THAT NO OFFICER, AGENT, OFFICIAL OR EMPLOYEE OF SCORE
IS AUTHORIZED TO VARY ANY TERM OR PROVISION OF THIS WAIVER OF LIABILITY AGREEMENT. I EXPRESSLY AGREE NOT TO RELY ON ANY SUCH VARIANCE
OR REPRESENTATION IF ANY IS MADE. I FURTHER REPRESENT THAT THE DRIVER/RIDER AND CO-DRIVERS/CO-RIDERS LISTED ON THIS ENTRY FORM POSSESS
THE STANDARD OF COMPETENCE NECESSARY AND ARE PHYSICALLY FIT TO COMPETE IN THIS OFF-ROAD EVENT. I FURTHER REPRESENT THAT THE VEHICLE
ENTERED IS ROADWORTHY AND SUITABLE FOR PARTICIPATION IN THIS EVENT.
I CERTIFY THAT I HAVE READ THE 2006-2010 SCORE RULEBOOK AND THAT I UNDERSTAND AND SHALL COMPLY WITH ALL RULES CONTAINED THEREIN. I
SPECIFICALLY AGREE THAT SCORES INTEREPREATION OF RULES, DECISIONS ENFORCING RULES, INTERPRETATION OF PENALTIES IN CONNECTION WITH
ENFORCEMENT OF RULES, TIMINING OF EVENTS AND DECISIONS AS TO WINNERS AND PLACEMENT POSITIONS SHALL BE FINAL AND NOT SUBJECT TO
PROTEST OF ANY KIND. NO DECISION OF SCORE WITH RESPECT TO RACE RESULTS MAY BE CHALLENGED BY LITIGATION OR OTHERWIESE. I UNDERSTAND
THAT ANY STATEMENTS MADE BY ME OR ANYONE ACTING ON MY BEHALF WHICH CHALLEGES THE INTEGRITY OF SCORES DECISION WITH RESPECT TO RACE
RESULTS WILL CAUSE IRREPARABLE HARM TO SCORE’S BUSINESS REPUTAION AND SUBJECT ME TO DAMAGES UNDER APPLICALBE LAW. I ALSO CERTIFY THAT
I HAVE READ AND WILL COMPLY WITH ALL SUPPLEMENTAL OR AMENDED RULES SPECIFICALLY PUBLISHED FOR THIS EVENT IN THE RACE BULLETINS AND ON
THE SCORE WEBSITE.
THERE IS ALWAYS THE POSSIBILITY THAT WEATHER CONDITIONS OR OTHER ACTS OF GOD COULD CAUSE SCORE TO POSTPONE OR CANCEL THE EVENT.
SCORE RETAINS THE RIGHT TO DELAY THIS EVENT FOR A PERIOD OF 24 HOURS.
ADVERTISING RELEASE: THE VEHICLE OWNER, DRIVER/RIDER OF RECORD, CO-DRIVERS/CO-RIDERS, AND ALL PERSONS ASSOCIATED WITH THE RACE TEAM
AGREE TO PERMIT SCORE INTERNATIONAL AND ITS ASSIGNS AT NO FEE WHATSOEVER, NOW OR AT ANY TIME IN THE FUTURE, TO THE USE OF THEIR NAMES
AND PICTURES OF THEMSELVES AND OF THEIR VEHICLES FOR PUBLICITY, ADVERTISING AND ENDORSEMENTS (INCLUDING PUBLICATIONS, TELEVISION AND
MOVIES) BOTH BEFORE AND AFTER THE EVENTS AND DO HEREBY RELINQUISH ALL RIGHTS TO ANY PICTURES AND VIDEO TAKEN IN CONNECTION WITH THIS
EVENT AND GIVE THEIR PERMISSION TO PUBLISH, SELL OR OTHERWISE DISPOSE OF SAID PICTURES AND VIDEO AS SCORE SO DESIRES, WITH ALL
ADVERTISING RIGHTS RESERVED BY SCORE.""
Gary Newsome
Baja Racing News.com