Langley

Langley v. Superior Court CA2/1

Good Law
Court of Appeal of CaliforniaJune 27, 2024B333431California5,394 words

Opinion

Opinion

BACKGROUND

1. Release and indemnification agreement Promote Mexico promotes the Baja 1000 race. In advance of that race in 2018, Langley signed a document entitled “General Waiver, Release, Consent and Indemnification Agreement” (underscoring & some capitalization omitted). We will refer to this document as the “release.” Promote Mexico and its officers, directors, managers, employees, shareholders, and members are among the “Releasees” identified in the release. Section 2 of the release, entitled “Acknowledgement of Ultrahazardous Activity” (underscoring omitted), states, “I understand, acknowledge and am aware that off-road racing may be a dangerous activity in which a participant could suffer serious bodily, psychological, and neurological injury or death or cause injury to another’s person or property.” The section then provides a nonexclusive but detailed list of “possible risks” in off-road racing. Section 4, entitled “Assumption of Risk” (underscoring omitted), states, “I PERSONALLY AND VOLUNTARILY

ASSUME ALL INHERENT RISKS, WHETHER FORESEEN OR

UNFORESEEN, IN CONNECTION WITH MY PARTICIPATION

IN THE EVENT[ ] AND RELATED ACTIVITIES FOR ANY

LOSS, DAMAGE, HARM, OR…

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