I understand that the above event/activity may involve hazards to me, my real or personal property. However, I am willing to take the risk of such hazards in order to participate. I hereby agree to assume those risks.
I understand that I am not acting as an agent, authorized representative or employee of SOA and not entitled to any benefits which may accrue thereto.
If the event/activity involves the use of SOA facilities and/or equipment, I understand that SOA has made no warranties concerning their fitness or condition for any particular use and I agree to use said facilities and/or equipment "as is, where is".
In consideration of being allowed to participate in this event, I hereby release and hold harmless Subaru of America, Inc. its parent and subsidiaries, and each of its employees, directors, and agents from any and all claims that may arise from or relate to my participation in this activity, including negligence on the part of any of them.
I hereby grant SOA and the Subaru Corporation (SBR) a non-exclusive, perpetual, royalty free right to use photographs and video taken during the above event for use in promoting SOA's and SBR's employee activities. Use may include but is not limited to website, social media, annual reports, brochures, and electronic and print media.
I have read this Release and Waiver and freely and voluntarily, without any inducement, intend my signature to be a complete and unconditional release of the SOA Releasees from all liability.
I, THE UNDERSIGNED, hereby represent and certify that I am at least 21 years of age, or at least 12 years of age if a passenger. I understand that the improper operation or use of vehicles, such as failure to observe and obey all traffic rules, may pose a risk of serious injury and/or death to operators of vehicles and others. Although I am aware of the possible risks incident to operating vehicles, I am voluntarily requesting the opportunity to take an evaluation ride/drive in an RESARE MARKETING, INC (“RM") secured and Subaru of America, Inc. provided vehicle. The evaluation ride/drive (the “Event”) will take place at the Cleveland Auto Show at the I-X Center.
FOR AND IN CONSIDERATION of the opportunity to participate in the Event, on behalf of myself and my heirs, personal representatives, successors, and assigns, I give the following releases and agreements:
I DO HEREBY RELEASE, DISCHARGE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RM, Subaru of America, Inc., and their officers, directors, employees, suppliers, agents, affiliates, successors and assigns (collectively “Indemnities”), from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, charges and expenses, including without limitation fees and expenses of legal counsel and expert witnesses, which may be imposed upon or incurred by or asserted against directly or indirectly the Indemnities, or any of them, by reason of the undersigned's participation in the Event, including, without limitation, actual or alleged personal injuries, property damage, death or any other damages resulting from or occurring during my participation in the Event, including participation in pre- and/or post-event sessions, whether caused by the negligence of Indemnities or otherwise.
I ACKNOWLEDGE that the activities of the Event are inherently dangerous and involve the risk of serious injury and/or death. I agree to assume all risks involved in or arising from the undersigned's participation in the Event (including participation in pre and/or post event sessions) and further agree that the Indemnities shall not be liable (and I voluntarily waive any and all claims that I may now or in the future have against them, whether known or unknown) for any property damage or personal injury, including death, loss, expense or accident that I may sustain resulting from or occurring during my participation in the Event, including participation in any pre-and/or post-event sessions. I participate knowing the existing weather conditions, road and surface conditions, and other conditions and factors which might affect the Event.
I UNDERSTAND AND AGREE that during the Event I am prohibited from participating while under the influence of alcohol or any substance which affects the ability to operate or control a vehicle. I UNDERSTAND I MAY BE SUBJECT TO PASSING A BREATHALYZER TEST PRIOR TO PARTICIPATION. I represent that I have a current valid driver's license and motor vehicle liability insurance and that I have no medical condition that will impair my safe operation of any vehicle. I also covenant and agree: (a) not to drive any vehicle if any physical or mental condition exists that may impair my ability to participate in the Event, (b) properly wear a my safety belt at all times while in a vehicle, (c) obey all traffic and vehicle laws, rules and regulations and all instructions and rules posted at the Event or provided by any Event official, and (d) immediately to notify RM or any Event official if I feel anything to be unsafe in connection with the Event. I represent that I have not previously had my driver's license suspended or revoked or been convicted of a motor vehicle violation.
I IRREVOCABLY COVENANT AND AGREE not, directly or indirectly, assert, commence, institute, or maintain any suit, action, or other proceeding, at law or in equity, in any court or administrative body, with respect to any matter embraced within this Release and Indemnification.
I ACKNOWLEDGE AND AGREE that this Release and Indemnification extends to all acts of negligence by the Indemnities, including, without limitation, negligence rescue operations, and is intended to be as broad as permitted by law.
I ACKNOWLEDGE that no group or individual medical coverage is provided to me by virtue of my participation in the Event, and I specifically acknowledge that there is no entitlement to the benefits of Indemnities' worker's compensation.
I FURTHER AGREE that any photographs, voice recording or videotaping of me at the Event may be used without further compensation by RM, its agents, subsidiaries and/or dealers in whole or in part for any advertising, promotional, commercial or information purposes whatsoever.
I CERTIFY THAT I HAVE READ THIS RELEASE AND INDEMNIFICATION AND FULLY UNDERSTAND IT, THAT IT INCLUDES A RELEASE OF LIABILITY, AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS OF ANY PARTY RELEASED HEREBY. I AM SIGNING THIS RELEASE AND INDEMNIFICATION FREELY AND VOLUNTARILY.
THIS IS A LEGAL DOCUMENT - INFORMATION BELOW MUST BE LEGIBLE OR PARTICIPATION MAY BE DENIED.
For parents/guardians of Minors: I hereby represent that I am the parent and/or legal guardian of the minor child(ren) listed below and have the authority to enter into this Release and Waiver on the Child's behalf. I agree to supervise the minor children listed below while they are participating in the Event.