(a) All participants:(1) Shall comply with the rules or regulations established for use by the motorsport operator;(2) Shall wear all safety equipment as recommended by the motorsport operator, or which might otherwise be required by law; (3) Shall obey all rules or instructions announced by the motorsport operator with regard to the safe operation of the motorized vehicle he or she is operating;(4) Shall, as to the motorsport operator, expressly assume the risk of and legal responsibility for any injury, loss, or damage to person or property which results from participation in operating a motorized vehicle, and caused by any of the following:(A) Variations in terrain, slope, or angle of terrain including elevation changes;(B) Surface or subsurface conditions including, but not limited to, rocks or debris;(C) Turns in the racetrack; and(D) Collisions with retaining walls, tire walls, trees, fences, other vehicles, or any property provided by the motorsport operator.(b) Each participant shall have the sole individual responsibility for:(1) Knowing the range of his or her ability to negotiate the course of the motorsport facility;(2) Operating the motorized vehicle within the limits shall have the sole individual responsibility for:(1) Knowing the range of his or her ability to negotiate the course of the motorsport facility;(2) Operating the motorized vehicle within the limits of the participants own ability;(3) Heeding all posted warnings;(4) Operating only within the designated area and designated times as provided by the motorsport operator; and(5) Refraining from acting in a manner which a reasonable person would believe to be likely to cause or contribute to the injury of any person.
West Virginia Legal Code