September 16, 2010, Introduced by Rep. Angerer and referred to the Committee on Judiciary.
A bill to limit civil liability arising from motor vehicle
racing events; to allow exculpatory agreements that limit liability
arising from racing events; and to impose certain duties on
organizers of racing events.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "motor
sports liability act".
Sec. 3. As used in this act:
(a) "Child" means an individual who is less than 18 years of
age.
(b) "Exculpatory agreement" means a document that purports to
waive and release the signatory's, or an individual's on whose
behalf the signatory is signing, prospective claims for personal
injury, death, property damage, or other loss, including claims for
negligence, in connection with participation in motorsports
activities. Exculpatory agreement includes a waiver and release,
waiver of liability, or indemnity agreement.
(c) "Motorsports activities" means an event or activity,
including practices or trials, that involves the use of or racing
of motor vehicles of any kind, regardless of whether the event or
activity is conducted at a motorsports facility.
(d) "Motorsports facility" means land or a building,
structure, or area used for motorsports activities, including the
track on which and surrounding area in which a motorsports activity
or other event involving motor vehicles is held, including an area
designated as restricted to participants.
(e) "Parent" means a biological parent, a guardian, a person
who has legal custody, a legal representative, a physical
custodian, or a responsible person.
(f) "Participant" means any of the following:
(i) An individual who is participating in motorsports
activities at a motorsports facility as a rider, passenger, or
driver, official, or owner of a vehicle or equipment used in
motorsports activities.
(ii) An individual assisting an individual described in
subparagraph (i).
(iii) An individual, including a spectator, who enters an area
of the motorsports facility that is restricted to participants.
(g) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(h) "Releasee" means any of the following:
(i) A promoter, participant, racing association, sanctioning
organization or a subdivision of a sanctioning organization, track
operator, track owner, official, car owner, driver, pit crew
member, rescue personnel, sponsor, advertiser, owner or lessee of
premises used to conduct the motorsports activities, premises or
event inspector, surveyor, underwriter, consultant, or other person
who gives recommendations, directions, or instructions to engage in
risk evaluation or loss control activities regarding the premises
or events.
(ii) A director, officer, agent, or employee of a person
described in subparagraph (i).
(iii) Any other person specified as a releasee in the
exculpatory agreement.
Sec. 5. (1) An exculpatory agreement signed by or on behalf of
a participant in favor of a releasee is valid and enforceable
against any claim for personal injury, death, property damage, or
any other loss of the participant or anyone claiming on behalf of
and for the participant against the releasee.
(2) An exculpatory agreement is valid and enforceable
notwithstanding a claim that the participant did not read,
understand, or comprehend the exculpatory agreement.
(3) An exculpatory agreement is valid and enforceable
notwithstanding any claim that the formatting of the document was
deficient.
(4) This section does not preclude a party from asserting any
other relevant affirmative defenses or legal theories in an action,
including the doctrine of primary, implied assumption of the risk.
(5) An exculpatory agreement is valid and enforceable
notwithstanding the illegality of any particular provision, term,
or definition contained in it. An exculpatory agreement shall be
considered to be severable, whether or not it contains an explicit
severability provision.
(6) Regardless of whether an exculpatory agreement has been
executed, a public entity or public employee is not liable to a
participant for personal injury, death, property damage, or other
loss sustained during the person's participation in motorsports
activities.
Sec. 7. A parent of a child may, on behalf of the child,
release or waive the child's prospective claims for personal
injury, death, property damage, or other loss suffered in
connection with motorsports activities by signing an exculpatory
agreement on behalf of the child.
Sec. 9. (1) An exculpatory agreement executed under this
section that includes a provision in which the signatory agrees to
expressly assume the risks relative to participation in motorsports
activities is valid and enforceable and shall be construed as an
express assumption of the risk by the party executing the
agreement.
(2) A parent may execute an exculpatory agreement that
contains an express assumption of the risk provision on behalf of a
child. An express assumption of the risk provision in an
exculpatory agreement described in this subsection is valid and
enforceable against the child.