§663‑10.95  Motorsports facilities;
waiver of liability.  (a)  Any waiver and release, waiver of liability, or
indemnity agreement in favor of an owner, lessor, lessee, operator, or promoter
of a motorsports facility, which releases or waives any claim by a participant
or anyone claiming on behalf of the participant which is signed by the
participant in any motorsports or sports event involving motorsports in the
State, shall be valid and enforceable against any negligence claim for personal
injury of the participant or anyone claiming on behalf of and for the
participant against the motorsports facility, or the owner, operator, or
promoter of a motorsports facility.  The waiver and release shall be valid
notwithstanding any claim that the participant did not read, understand, or
comprehend the waiver and release, waiver of liability, or indemnity agreement
if the waiver or release is signed by both the participant and a witness.  A
waiver and release, waiver of liability, or indemnity agreement executed pursuant
to this section shall not be enforceable against the rights of any minor,
unless executed in writing by a parent or legal guardian.



(b)  The execution of a waiver and release,
waiver of liability, or indemnity agreement shall create a presumption that the
person signing the document read and understood the document.



(c)  A waiver and release, waiver of liability,
or indemnity agreement executed under this section shall be construed as an
express assumption of risk on the part of the party executing such a waiver and
release, waiver of liability, or indemnity agreement.



(d)  This section shall not apply to acts or
omissions constituting gross negligence, wilful and wanton conduct, or
intentional acts on the part of another participant or employees or agents of
the motorsports facility.



(e)  The provisions of this section shall not
apply to any motorsports facility unless the facility has a general liability
policy of no less than $1,000,000 for spectators and no less than $500,000 for
participants, per claim, indemnifying participants and spectators for the
negligence of the facility, its employees or agents.



(f)  Without regard to whether a waiver and
release, waiver of liability, or indemnity agreement has been executed pursuant
to subsection (a) and without regard to subsection (e), no public entity or
public employee shall be liable to a participant, for injury or damage
sustained during the person's use of a motorsports facility, except when the
injury or damage is caused by a condition resulting from the public entity's
failure to design, maintain, or repair the motorsports facility.  This
limitation of liability for public entities and employees applies only to the
provision of motorsports facilities and shall not extend to other activities, including
but not limited to police and security, ambulance and medical, fire, food
concessions, and other non-motorsports activities or functions.



(g)  For the purposes of this section:



"Motorsports facility" means land,
building, structure, or area designed or modified for motorsports activities,
including the track and surrounding area wherein a motorsports or other event
involving motor vehicles is held and which is clearly demarcated as a
restricted area to spectators.  "Motorsports facility" shall not include
the areas intended for use by spectators or nonparticipants.



"Owner" means a person or entity that
owns or holds fee simple title to, or a leasehold interest in, a motorsports
facility or any portion of a motorsports facility, and shall include without
limitation, a fee owner or lessor of the underlying land, a lessee, or
sublessee, or a sublessor or master lessor, of a motorsports facility or a
portion thereof.



"Participant" means a person who is
participating in a motorsports event at a motorsports facility, including
practices or trials, as a rider, passenger or driver, official, or owner of a
vehicle or equipment used in a motorsports event, or anyone assisting any of
the foregoing, or a person entering an area of the motorsports facility restricted
to participants. [L 1997, c 245, §1; am L 2006, c 111, §1]