[Fot] Fwd: 2020 VARAC Release

Sun May 17 20:40:42 MDT 2020

John, Henry:
You asked me to take a look at the VARAC release. I generally agree with Dale’s analysis of the waiver, and as Gary observed, all but Section 1 is what insurance companies have been asking us to sign over the years.  First let’s all understand that waviers/releases/covenants not so sue relating to events which are to happen in the future are generally enforceable except for acts on the part of the releases of reckless, intentional or gross negligence.  (in other words some act on the part of the sanctioning body and its agents which no reasonable person would have anticipated to expose themselves to by entering the event)  Other than Section 1, the release is over-broad on purpose placing layers of attempted release language which can be used by defense counsel (of which I am one) to delay and as a result increase the costs of pursuing litigation against the sanctioning body.  It also plants in the participant’s mind that it would be useless to attempt action for injuries he/she may have received.  (By mentioning increased costs, I would comment that these could be in the tens of thousands of dollars)
            Now, let’s talk about Section 1.  First, set the stage.  All scientific information available to us today says that for us to practice safety from the virus we should shelter at home, practice social distances of 6 feet from other individuals while on necessary trips to obtain essential items such as food etc. and wear a mask when near others.  In addition the states have instituted various executive orders declaring what enterprises are safe conduct in the virus infected atmosphere.  Participating in racing events to my knowledge is not one of them.   In the face of these facts come VSCDA, SVRA, SCCA and perhaps others who wish to stage events where hundreds of people will mingle with one another and compete in a relatively limited area.  On the question of whether their desires to stage these events are as a result of the overwhelming clamor from their members to stage events in this virus pandemic or because of their own financial interests I will not opine.  So, how do these sanctioning bodies entice people to disobey the advice of the scientific community and attend their events?  They come up with a long list of things, changes to normal policy, that they are going to enforce in order to make it safe for you to come to their event. No driver’s meeting, no social events, sanitizing this thing and that thing, pages of actions that they will take to make it safe for you to attend their event.  But how do the sanctioning bodies protect themselves from the claims of people who relied on their representations that it would be safe to attend their events who do in fact become infected with the virus or some other injury?  Enter Section 1 which, in spite of the sanction bodies representations of safety,  places the burden on you to determine whether you “feel safe” to be at the event.  There is also the issue of what responsibility would be attributed to you should you be a carrier of the virus which infected another person?  It has never been clear to me whether these sanctioning bodies carry participant liability insurance or whether such off track liability would be covered, but you should be aware of this potential liability as well.  Whether Section 1 would be enforceable given the representations of safety made by the sanctioning bodies would be an issue, but here again an issue which could cost you thousands of dollars to try and overcome in a court of law.
            Again, I do not opine on whether the sanctioning bodies should be encouraging people to enter their events or whether it is reasonable and one should, as the release states, “feel safe” under the present conditions to participate in these events.  It’s entirely up to you.
[cid:image001.png at 01D62C90.227B0A50]

John H. Hasty
Attorney at Law
Mullen Holland & Cooper P.A.
301 S. York St.,
P.O. Box 488
Gastonia, NC 28053
704.864.6751 (p) 704.861.8394 (f)
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From: John Styduhar <johnstydo at gmail.com>
Sent: Saturday, May 16, 2020 8:05 PM
To: John H. Hasty <jhasty at mhc-law.com>
Subject: Re: [Fot] Fwd: 2020 VARAC Vintage Grand Prix has been cancelled

Here is the adult waiver.  John, I hope you are safe and healthy.

On Sat, May 16, 2020 at 5:14 PM John H. Hasty <jhasty at mhc-law.com<mailto:jhasty at mhc-law.com>> wrote:
Send me a copy & I’ll look it over....even if the event is on, where do we eat?.. the host hotel is closed now & not certain about the future ...7 1/2 drive with no rest rooms open...@ 84 I am really beginning to wonder if it’s worth taking a chance on getting what could well be my death warrant.  I am also told that Kastner is not coming, so what’s the point of it?
Sent from my iPhone

On May 16, 2020, at 4:30 PM, John Styduhar <johnstydo at gmail.com<mailto:johnstydo at gmail.com>> wrote:

The Blackhawk Farms liability waiver is worth a review and comment by one of our  FOT racing attorneys.  Not  your standard form we never read.

On Fri, May 15, 2020 at 4:43 PM Gary Schneider <garygret at sbcglobal.net<mailto:garygret at sbcglobal.net>> wrote:
VSCDA is still planning on the Blackhawk Classic June 19-21. Blackhawk is opening May 30 and I've been in touch with the track and the race chair.

Also the Midwestern Council Driver's School at BFR is firm for July 4, VSCDA & SCCA participants welcome.

Gary Schneider
Midwestern Council Chief Steward for Blackhawk Classic

On Friday, May 15, 2020, 2:23:39 PM CDT, John H. Hasty via Fot <fot at autox.team.net<mailto:fot at autox.team.net>> wrote:

Can mid Ohio be far behind?
Sent from my iPhone

On May 15, 2020, at 2:42 PM, John Styduhar via Fot <fot at autox.team.net<mailto:fot at autox.team.net>> wrote:

FYI that VARAC Vintage Grand Prix for 2020 has been canceled.

---------- Forwarded message ---------
From: Ted Michalos (via MotorsportReg.com) <autopilot at motorsportreg.com<mailto:autopilot at motorsportreg.com>>
Date: Fri, May 15, 2020 at 1:52 PM
Subject: 2020 VARAC Vintage Grand Prix has been cancelled
To: John Styduhar <johnstydo at gmail.com<mailto:johnstydo at gmail.com>>

After careful consideration of all of the persons involved in running the annual VARAC Vintage Grand Prix, competitors, workers, volunteers and fans, we have decided that this year's event, scheduled for June 18 thru 21 will be not be held.  We recognize the importance of the event in the vintage racing calendar, but given the on-going Covid-19 restrictions and concerns, we feel the prudent thing to do is cancel and start planning for next year...

On behalf of VARAC and our partners at Canadian Tire Motorsport Park we thank everyone involved in vintage racing for the interest and support they have shown us in the past and we look forward to hosting you all again in 2021 and beyond.

Stay healthy and safe.  There are better days to come, many more laps to be taken in our vintage racing machines...

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