[Fot] Fwd: 2020 VARAC Vintage Grand Prix has been cancelled

Sat May 16 21:22:46 MDT 2020

The waiver is legally over- broad [see, e.g., the “or otherwise language”] hoping a court will scale it back and apply it to the maximum extent the law permits.  [see the last section]. It is a drafting trick. Waivers usually cannot a apply to reckless or intentional misconduct (and in some states cannot apply to “gross negligence”).  Moreover, the waiver in section 1 gives an immediate defense to all defendants (“releasees”) on the basis that the signer “fe[lt] unsafe” (whatever that means) at some time before any injury and still participated [or did not give notice]. This is a trial lawyer’s delight and, at minimum, will cause defense counsel to delay settlement until the edge of trial, running up litigation expenses, until every statement of the plaintiff pre-injury has been collected and parsed.  If you sign this, do not talk to anybody (even in jest) about race or track conditions till your car is on the trailer and off the premises.  Other language gives a defense based on your non-disclosure of any virus symptoms; if you cough or have nausea (probably nerves and a crummy hot dog) you had better tell race organizers and they will have no choice but to escort you out.  

Dale Oesterle
- Sent from iPad

> On May 16, 2020, at 9:23 PM, Brad Eells via Fot <fot at autox.team.net> wrote:
> 
> VARA is racing this weekend at Buttonwillow. 
> 
> The car count looks about half of normal.
> 
> A variety of opinions on whether or not the event should have been held. 
> 
> California has not ‘Reopened’...
> 
> Brad Eells
> Sent from my iPhone
> 
>>> On May 16, 2020, at 1:30 PM, John Styduhar via Fot <fot at autox.team.net> 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> 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> 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> wrote:
>>>> 
>>>> 
>>>> FYI that VARAC Vintage Grand Prix for 2020 has been canceled.
>>>> 
>>>> ---------- Forwarded message ---------
>>>> From: Ted Michalos (via MotorsportReg.com) <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>
>>>> 
>>>> 
>>>> 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...
>>>> 
>>>>  
>>>> 
>>>> Sent for VARAC Canada to John Styduhar at johnstydo at gmail.com, subscriber since May 2014 (Unsubscribe) 
>>>> 
>>>> Delivered by MotorsportReg.com, 121 Drivers Edge, Traverse City, Michigan 49684, USA. Report abuse.
>>>> 
>>>> 
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>>> 
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