Reference Title: motor sports; liability release forms

AN ACT
AMENDING TITLE 12, CHAPTER 5, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 12-555; RELATING TO PERSONAL ACTIONS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 12-555, to read:

12-555 . Limited liability; closed-course motor sport facility owners, lessors and operators; definitions

A. A PERSON WHO OPERATES A CLOSED-COURSE MOTOR SPORT FACILITY MAY REQUIRE A NONGENERAL SPECTATOR TO SIGN A MOTOR SPORT LIABILITY RELEASE FORM AS A CONDITION OF ADMISSION INTO ANY NONGENERAL SPECTATOR AREA OF THE FACILITY. A PERSON OR ENTITY THAT OWNS, LEASES OR OPERATES A CLOSED-COURSE MOTOR SPORT FACILITY OR THAT SPONSORS THE MOTOR SPORT EVENT IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A NONGENERAL SPECTATOR, UNLESS THE INJURY OR DEATH IS A DIRECT RESULT OF INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IF THE NONGENERAL SPECTATOR BOTH:

1. SIGNED A MOTOR SPORT LIABILITY RELEASE FORM.

2. WAS INJURED WITHIN A NONGENERAL SPECTATOR AREA DURING THE PERIOD OF TIME COVERED BY THE MOTOR SPORT LIABILITY RELEASE FORM.

B. A MOTOR SPORT LIABILITY RELEASE FORM SHALL BE IN AT LEAST EIGHT-POINT TYPE. MORE THAN ONE PERSON MAY SIGN A MOTOR SPORT LIABILITY RELEASE FORM IF THE RELEASE FORM APPEARS ON EACH PAGE OR SIDE OF A PAGE THAT IS SIGNED.

C. FOR THE PURPOSES OF THIS SECTION:

1. "CLOSED-COURSE MOTOR SPORT FACILITY" MEANS A CLOSED-COURSE SPEEDWAY OR RACETRACK THAT IS DESIGNED AND INTENDED FOR MOTOR VEHICLE COMPETITION, EXHIBITIONS OF SPEED OR OTHER FORMS OF RECREATION INVOLVING THE USE OF MOTOR VEHICLES.

2. "MOTOR VEHICLE" MEANS AN AUTOMOBILE, MOTORCYCLE OR OTHER VEHICLE THAT IS PROPELLED BY POWER, OTHER THAN MUSCULAR POWER, THAT IS USED TO TRANSPORT PERSONS AND THAT OPERATES WITHIN THE CONFINES OF A CLOSED-COURSE MOTOR SPORT TRACK.

3. "NONGENERAL SPECTATOR" MEANS AN EVENT PARTICIPANT OR ATTENDEE WHO SEEKS ADMISSION INTO THE NONGENERAL SPECTATOR AREA.

4. "NONGENERAL SPECTATOR AREA" MEANS A POSTED AREA WITHIN A CLOSED-COURSE MOTOR SPORT FACILITY TO WHICH ALL OF THE FOLLOWING APPLY:

(a) ADMISSION TO THE AREA IS CONDITIONED ON SIGNING A MOTOR SPORT LIABILITY RELEASE FORM.

(b) THE AREA IS INTENDED FOR EVENT PARTICIPANTS.

(c) THE AREA EXCLUDES THE GENERAL SPECTATOR AREA. FOR THE PURPOSES OF THIS SUBDIVISION, "GENERAL SPECTATOR AREA" MEANS AN AREA WITHIN A CLOSED-COURSE MOTOR SPORT FACILITY THAT IS OPEN TO THE GENERAL PUBLIC, WHETHER OR NOT ADMISSION IS CHARGED, AND TO WHICH THE GENERAL PUBLIC HAS UNRESTRICTED ACCESS, INCLUDING GRANDSTANDS AND OTHER GENERAL ADMISSION SEATING OR VIEWING AREAS.

5. "POSTED" MEANS A NONGENERAL SPECTATOR AREA:

(a) THAT IS ENCLOSED BY A FENCE OR WALL AT LEAST SIX FEET HIGH IN ALL AREAS WHERE NONPARTICIPANTS MAY GAIN ENTRY AND AT LEAST THREE FEET HIGH IN ANY OTHER AREA.

(b) IN WHICH SIGNS WITH LETTERING AT LEAST FOUR INCHES HIGH READING "NONGENERAL SPECTATOR AREA" ARE DISPLAYED NOT MORE THAN FIVE HUNDRED FEET FROM THE ENTRANCE TO THE NONGENERAL SPECTATOR AREA AND AT EACH ENTRANCE TO THE NONGENERAL SPECTATOR AREA.

6. "RELEASE" MEANS A DOCUMENT THAT A NONGENERAL SPECTATOR SIGNS BEFORE ENTERING A NONGENERAL SPECTATOR AREA IN A CLOSED-COURSE MOTOR SPORT FACILITY AND THAT ACKNOWLEDGES THAT THE NONGENERAL SPECTATOR IS AWARE OF THE INHERENT RISKS ASSOCIATED WITH THE NONGENERAL SPECTATOR'S ACTIVITIES, IS WILLING AND ABLE TO ACCEPT FULL RESPONSIBILITY FOR THE SPECTATOR'S OWN SAFETY AND WELFARE AND RELEASES THE OWNER OR ENTITY THAT OWNS, LEASES OR OPERATES THE FACILITY OR THAT SPONSORS THE MOTOR SPORT EVENT FROM LIABILITY PURSUANT TO SUBSECTION A.

APPROVED BY THE GOVERNOR APRIL 26, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 1999.