DRIVER COACHING AGREEMENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
The Track Coach, a division of Discovery Coaching, LLC · Version TTC-2026.10-v1
READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT YOU GIVE UP THE RIGHT TO SUE THE RELEASEES FOR INJURY, DEATH, OR PROPERTY DAMAGE, INCLUDING CLAIMS BASED ON THEIR NEGLIGENCE, YOU AGREE TO DEFEND AND INDEMNIFY THEM, AND YOU AGREE TO RESOLVE ANY DISPUTE BY BINDING ARBITRATION. DO NOT SIGN IT UNLESS YOU UNDERSTAND AND AGREE TO EVERY TERM.
1. Parties and Definitions
This Agreement is made by me, the undersigned driver ("I," "me," or "Driver"), for the benefit of the Releasees defined below.
"Coach" means David Killion, individually and personally.
"Company" means Discovery Coaching, LLC, a California limited liability company, including its division and trade name "The Track Coach."
"Releasees" means, each and all of them: (a) Coach; (b) Company; (c) Coach's spouse, heirs, estate, trusts, and personal representatives; (d) Company's members, managers, officers, employees, agents, contractors, successors, and assigns; and (e) the owners, lessees, and operators of any track or facility, and any event organizer, sanctioning body, or club, at or through which any Activity takes place, and their officers, employees, and agents.
"Activities" means any and all driver coaching, instruction, ride-alongs, demonstration rides, track walks, classroom sessions, data or video review, paddock and pit activities, and any related travel or presence in any restricted area, whether on or off track, at any facility, on any date on or after the date I sign this Agreement, and on the same day before I sign it.
2. Nature of the Coaching: I Am in Sole Control of My Vehicle
I understand and agree that Coach rides in the passenger seat and provides verbal, advisory coaching only. Examples include, without limitation: "brake later," "turn in at this mark," "back to the throttle here," "stay in the throttle," "look further ahead," and comments on line, braking points, and technique.
I ALONE OPERATE AND CONTROL MY VEHICLE AT ALL TIMES. I alone make and am solely responsible for every input to the vehicle, including steering, throttle, braking, clutch, and shifting, and for my speed, line, spacing, passing, and every other driving decision. I alone decide whether, when, and how to apply any coaching, and I am free to ignore any instruction at any time. I will not follow any instruction that I believe exceeds my skill, my comfort, the vehicle's capability, or the conditions, and I will slow down, decline, or stop whenever I choose.
Coach does not operate, and has no duty or ability to operate, my vehicle. The vehicle has no dual controls. Coach does not supervise or control track conditions, flagging, other drivers, or the event, and has no duty to tell me to slow down, stop, pit, or end a session. I am solely responsible for observing all flags, track rules, and instructions of the event organizer and track.
If Coach ever touches any control of the vehicle, speaks urgently, or otherwise acts in what Coach believes is an emergency, that action is a voluntary, self-protective act only. It does not mean Coach has taken control of or responsibility for the vehicle, does not create any duty, and any claim arising from it is released under this Agreement.
Any comment, instruction, or advice from Coach, whether given before, during, or after a session, is opinion only and not a guarantee of safety, of any result, or that any technique is appropriate for me, my vehicle, or the conditions. Coach's certifications, experience, and reputation are not a warranty of any kind.
3. My Qualifications, Fitness, and Vehicle
I represent and warrant that: (a) I am at least 18 years old; (b) I hold a valid driver's license; (c) the information I give about my identity and my track driving experience is true and complete; (d) I am physically and mentally fit to drive at high speed, and I have no medical condition that could affect my ability to do so safely; and (e) I will not drive while under the influence of alcohol, drugs, or any medication or condition that could impair me. I alone am responsible for judging my own skill, experience, and fitness for any session.
I own the vehicle I drive or am fully authorized by its owner to drive it on a race track, including with a passenger. I am solely responsible for its mechanical condition, preparation, and safety equipment, including brakes, tires, wheels, fluids, seats, seat belts and harnesses, and any roll protection, and for my own helmet and safety gear. Coach and Company do not inspect, approve, or certify any vehicle or equipment, and any comment by Coach about a vehicle is not an inspection.
I am responsible for meeting all requirements of the track and event organizer, including signing their own waivers, which remain in full force alongside this Agreement.
4. Assumption of All Risks, Including Negligence
I UNDERSTAND THAT DRIVING ON A RACE TRACK IS INHERENTLY AND EXTREMELY DANGEROUS AND CAN RESULT IN SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, DEATH, AND PROPERTY DAMAGE.
The risks include, without limitation: high speeds; loss of control; collisions with other vehicles, walls, barriers, and objects; rollovers; fire; mechanical, tire, brake, and equipment failure; track surface, debris, fluid, and weather conditions; the actions of other drivers, passengers, workers, and officials; delayed, inadequate, or negligent rescue, medical, or emergency response; and coaching or instruction that is mistaken, poorly timed, misunderstood, or negligent.
I KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS AND ALL OTHER RISKS OF THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF ANY RELEASEE.
5. Release, Waiver, and Covenant Not to Sue
In consideration of being coached and allowed to participate in the Activities, I, for myself and for my spouse, heirs, next of kin, estate, personal representatives, guardians, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES, and each of them, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, AND CAUSES OF ACTION of any kind, including for bodily injury, disability, death, wrongful death, survival, loss of consortium, emotional distress, and property damage, arising out of or related in any way to the Activities or to any coaching, instruction, advice, or communication from Coach, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY RELEASEE OR OTHERWISE, to the fullest extent permitted by law.
This release specifically includes, without limitation, any claim that Coach gave negligent or improper instruction, failed to instruct or warn, failed to tell me to slow down or stop, failed to assess my skill or my vehicle, or did or did not take any action in an emergency, and any claim arising from my following or not following any instruction.
I EXPRESSLY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542, and of any similar law of any other jurisdiction. Section 1542 provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." I understand that I am releasing claims I do not know about today.
6. Defense and Indemnity, Including Claims by My Family
I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES, and each of them, from and against any and all claims, suits, losses, liabilities, judgments, settlements, costs, and expenses, including attorneys' fees and costs, brought or asserted by ANY person or entity, INCLUDING MY SPOUSE, CHILDREN, HEIRS, NEXT OF KIN, ESTATE, AND PERSONAL REPRESENTATIVES, any owner or lienholder of the vehicle, any insurer by way of subrogation, any passenger, and any other participant or facility, arising out of or related to my participation in the Activities, my operation of any vehicle, or my breach of this Agreement, WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASEE OR OTHERWISE, to the fullest extent permitted by law.
If I, or anyone claiming through or on behalf of me, brings any claim released by this Agreement, I and my estate will pay all attorneys' fees and costs the Releasees incur in defending it.
7. Coach's Rights Are Not Waived
This Agreement is one-way. Nothing in it waives, releases, or limits any claim that Coach or Company may have against me, my estate, my insurers, the vehicle owner, or any other person for injury to Coach, death of Coach, or damage to Coach's or Company's property, including injury caused by my operation of the vehicle.
8. Medical Care and Insurance
I authorize emergency medical treatment for me as any rescue or medical personnel consider necessary, at my sole expense. Releasees have no duty to provide or arrange first aid, rescue, or medical care, and any aid they choose to give is covered by this Agreement.
Releasees provide no medical, health, disability, life, accident, vehicle, or property insurance of any kind for me or my vehicle. I am solely responsible for obtaining any insurance I want.
9. Governing Law and Binding Arbitration
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law rules, and by the Federal Arbitration Act.
ANY DISPUTE, CLAIM, OR CONTROVERSY arising out of or relating to this Agreement or the Activities, including the scope, validity, or enforceability of this Agreement, SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION before a single neutral arbitrator administered by JAMS under its Comprehensive Arbitration Rules, held in Contra Costa County, California. Judgment on the award may be entered in any court with jurisdiction. Claims may be brought only on an individual basis, not as a class or representative action.
I UNDERSTAND THAT BY AGREEING TO ARBITRATION I AM GIVING UP MY RIGHT TO A TRIAL IN COURT AND TO A TRIAL BY JURY. To the fullest extent permitted by law, this arbitration agreement binds my spouse, heirs, next of kin, estate, and anyone else bringing a claim through or on behalf of me, including any claim for wrongful death.
10. Duration, Severability, and Other Terms
Duration. This Agreement takes effect when I sign it and applies to all Activities on every date after that, at every facility, with no expiration date, until I revoke it by written notice that Company actually receives. Revocation applies only to Activities after Company receives it.
Binding effect. This Agreement binds me and my spouse, heirs, next of kin, estate, personal representatives, guardians, and assigns.
Broadest possible scope. This Agreement is intended to be as broad and inclusive as California law allows. If any part of it is held invalid or unenforceable, that part shall be enforced to the maximum extent permitted and the rest of the Agreement shall remain in full force and effect.
Entire agreement. This is the entire agreement between me and the Releasees about its subject. No one has made any oral or written promise, statement, or guarantee to me that is not in this Agreement. Headings are for convenience only.
Electronic signature. I consent to sign this Agreement electronically under the federal E-SIGN Act and the California Uniform Electronic Transactions Act (Civil Code section 1633.1 and following). My electronic signature, initials, and photograph are as valid and binding as a handwritten signature.
Opportunity to review. I have had the chance to read this entire Agreement, to ask questions, and to consult a lawyer of my choosing before signing.
Acknowledgment
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT AND FULLY UNDERSTAND IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES FOR THEIR NEGLIGENCE AND THE RIGHT TO A JURY TRIAL, AND THAT I AM AGREEING TO DEFEND AND INDEMNIFY THEM. I AM AT LEAST 18 YEARS OLD AND I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE, AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.