CHAPTER 3. PARTIAL EMANCIPATION FOR MINORS TO PARTICIPATE IN AUTOMOBILE AND MOTORCYCLE RACING
IC 34-28-3
Chapter 3. Partial Emancipation for Minors to Participate inAutomobile and Motorcycle Racing
IC 34-28-3-1
Application of chapter
Sec. 1. This chapter applies to a person who wishes to participatein professional automobile or motorcycle racing events.
As added by P.L.1-1998, SEC.24.
IC 34-28-3-2
Petition to court; requirements; terms of emancipation
Sec. 2. (a) This section applies to:
(1) a circuit or superior court that has jurisdiction in the countyin which the minor resides or is employed; or
(2) if the minor neither resides in nor is employed in Indiana,the circuit or superior court that has jurisdiction in the countyin which any party to the contract or release has its principaloffice in Indiana.
(b) A circuit or superior court described in subsection (a) maypartially emancipate a minor under this chapter if the court finds allof the following:
(1) The minor and the minor's parents, having petitioned thecourt, appear before the court and agree that the minor shouldbe partially emancipated to be allowed to participate inprofessional automobile or motorcycle racing events.
(2) The minor possesses the maturity to understand the hazardsand risks involved in participating in automotive or motorcycleracing events.
(3) The minor and the minor's parents understand what it meansfor the minor and the minor's parents to be bound by anycontracts, releases, or indemnity agreements the minor signsonce the minor is partially emancipated under this chapter.
(4) If the minor intends to drive in a professional automobile ormotorcycle racing event, that the minor has five (5) yearsexperience in go-kart, automobile, or motorcycle racing.
(c) Whenever the court partially emancipates a minor under thischapter, the court shall specify the terms of the emancipation, whichare limited to any of the following:
(1) The ability to contract for the purposes of participating inprofessional automobile and motorcycle racing events.
(2) The ability to sign liability releases or indemnity agreementsrequired by a sanctioning entity of professional automobile ormotorcycle racing events.
As added by P.L.1-1998, SEC.24.
IC 34-28-3-3
Avoiding contract, liability release, or indemnity agreemententered into by partially emancipated minor prohibited
Sec. 3. A minor who has been partially emancipated under this
chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract,a liability release, or an indemnity agreement referred to in a courtorder issued under this chapter (or IC 34-4-44.2 before its repeal) byalleging that the minor was under a legal disability by reason of theminor's age. No parent of a minor who has been partiallyemancipated under this chapter (or IC 34-4-44.2 before its repeal)may seek to have a contract, a liability release, or an indemnityagreement signed by the partially emancipated minor as allowedunder this chapter set aside by reason of the minor's age at the timethe minor entered into the contract, regardless of whether the parentparticipates in the partial emancipation proceeding or fits thedefinition of a parent under IC 34-6-2-93.
As added by P.L.1-1998, SEC.24.