EQUIP EXPO RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as " I " or " me ") desires to participate in the activities conducted in relation to EQUIP EXPOSITION (the “ Activities ” ) provided by the Outdoor Power Equipment Institute, Inc., EQUIP EXPO, and participating EQUIP EXPOSITION exhibitors (collectively, the “ Companies ” ). In consideration of being permitted by the Companies to engage in the Activities and the intangible value that I will gain by participating in the Activities, and in recognition of the Companies ’ reliance hereon, I agree to all the terms and conditions set forth in this agreement (this " Release "). 1. I am aware and understand that the Activities include potentially dangerous activities and involve the risk of serious injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Companies ’ employees or others, including negligent emergency response or rescue operations. I understand that while the Companies have implemented measures to reduce the risk of injury from the Activities, the Companies cannot guarantee that I will not be injured due to my participation in the Activities and that engaging in the Activities may increase my risk of injury. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED AND I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS INVOLVED WITH MY PARTICIPATION IN THE ACTIVITIES. 2. I hereby expressly agree to abide by all warning signs located in the Indoor Exhibition Area, the Outdoor Demonstration Area, and the UTV Driving Experience course and to follow all instructions, recommendations, and cautions of the Companies, and their representatives at all times during the Activities. 3. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Companies, and their officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, the " Releasees "), arising out of or attributable to my participation in the Activities, whether arising out of the ordinary negligence of the Companies or any Releasees or otherwise. I covenant not to make or bring any such claim against the Companies or any other Releasee, and forever hold harmless, release and discharge the Companies and all other Releasees from liability under such claims. 4. I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Companies and all other Releasees from any claim based on such treatment or other medical services. 5. I shall defend, indemnify, and hold harmless the Companies and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Companies or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Activities, including any claim related to my own negligence or the ordinary negligence of the Companies. This Release constitutes the sole and entire agreement of the Companies and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Companies and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Jefferson County, Kentucky and I hereby consent to the exclusive jurisdiction of such courts. BY CLICKING THE “ I ACCEPT ” BOX BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANIES.
I ACCEPT
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