For valuable consideration and to induce permission to participate in the Ride and Drive event (“Event”) organized by Green Energy Resources LLC dba EV Options (“Organizer”) sponsored by Central Hudson Gas and Electric Corporation (“Sponsor”), the participant agrees to the following terms and makes the following warranties:
I acknowledge that test driving a moving vehicle can be a hazardous activity with risk of damage or personal injury to persons or property as a result of, for example: bad decision making, negligent or inattentive participants and failure to follow instructions. I understand this is not a complete description of all risks and that other unknown or unforeseeable hazards and risks of harm may occur.
With this in mind, I accept full responsibility for my own safety and EXPRESSLY ASSUME ALL RISKS OF HARM, whether foreseen or unforeseen, while participating in the Event.
I hereby RELEASE and agree to INDEMNIFY AND HOLD HARMLESS Organizer and Sponsor, its members, officers, employees, agents, instructors, patrons and participants, equipment manufacturers, lessors, and insurers (hereinafter collectively referred to as “parties released”), from and against any liability, demand, claim or right of action for any damage or injury, including paralysis or death, to any person or property, unless such damage or personal injury results from the gross negligence or intentional misconduct of Organizer and Sponsor or other parties released. I further COVENANT NOT TO SUE or make any demand or claim against Organizer and Sponsor or other parties released, for or by reason of any such damage or personal injury from my participation in the Event. I will pay all fees, damages, and costs, including attorney’s fees, EV Options and EV Day sponsor or other parties released may incur in the enforcement of this agreement.
This release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
I EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Participant hereby grants Organizer, its representatives, and employees the right to take photographs and video of the participants in connection with participants’ participation in the Event. Participants hereby authorize Organizer to copyright, use, and publish the same in print and/or electronically. Participants hereby agree that Organizer may use such photographs and video of participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
I intend this agreement to bind me and my family, my assigns, estate, heirs, and personal representatives.
This contract is severable and shall be interpreted and enforced under the laws of the State of California. We further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Waiver Agreement by Participation
By attending and participating in the EV Ride & Drive Event, you acknowledge and agree to the terms and conditions of the event. Your participation in the event, without a signature, constitutes your full acceptance of the waiver of liability and assumption of all risk.
I have carefully read this document and fully understand its contents, which I adopt as a completely integrated and exclusive statement of the entire terms of agreement. Participation in the Event substantiates my approval of the above statement Waiver and Release of Liability and Image Release.