2019 Gila Challenge, Waiver of Liability and Indemnity Agreement
I, the undersigned licensed driver, with valid current auto-owners insurance, acknowledge and understand that the 2019 Gila Challenge is an on-road and off-highway driving event. I am participating in the 2019 Gila Challenge voluntarily, and agree to hold no one but myself accountable for any damages, losses, injuries, or death which may arise as a result of participation in this event.
I understand the 2019 Gila Challenge is not a race and excessive speeding will not be tolerated, and objective times are designed to obey all traffic laws and posted signs. I further understand that off-highway driving can be an inherently dangerous activity which should only be undertaken by competent, experienced individuals. I acknowledge that, during the course of the 2019 Gila Challenge, I will almost certainly be subjecting myself to hazards above and beyond those encountered in everyday driving-related activities. I accept full and complete responsibility for my own safety during the rally. I am fully aware that driving under the best of conditions, let alone adverse road, light, weather, rider, and traffic conditions is inherently dangerous, and could result in injury, or death. I knowingly and voluntarily accept these risks, and the responsibilities, which I may incur or which I may cause to another, as a condition of participation in the 2019 Gila Challenge, and hereby waive any and all claims I have or may have against the 2019 Gila Challenge, its organizers, agents and participants as a result of my participation in the 2019 Gila Challenge. I further agree to defend, indemnify and hold harmless the rally, its organizers, sponsors, volunteers, agents and participants from all claims asserted against them by third parties arising out of my conduct during the rally.
NOW, THEREFORE, IN CONSIDERATION for being permitted to participate in the 2019 Gila Challenge, THE UNDERSIGNED:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the AZLRO, an Arizona Nonprofit Corporation, and its related companies, auto dealers, the officers, the directors, the management, officials and volunteers assisting in the event, the sanctioning organization or any subdivision thereof, grounds operators, grounds owner, officials, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the event and each of them, their officers and employees, all for the purpose herein referenced to as “releasees,” from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in injury to or the death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is participating in the 2019 Gila Challenge; and,
2. FURTHER AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost (including attorney’s fees) they may incur due to the presence of the undersigned participating in the 2019 Gila Challenge and whether caused by the negligence of the releasees or otherwise; and,
3. FURTHER AGREES that in order to participate in this event,the undersigned driver must provide or present a valid operator’s license and proof of personal injury and property damage liability insurance coverage in such amounts as may be required in the sole discretion of the releasees; and,
4. FURTHER AGREES that while participating in the 2019 Gila Challenge, he or she will not drive while under the influence of alcohol or any substance which affects the ability to operate or control his or her vehicle; and,
5. FURTHER AGREES that he or she will not use or operate any vehicle in violation or contravention of any City, County, State or Federal laws, statues, ordinances, or regulation and shall be personally liable for all fines and penalties for traffic law violations.
6. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while participating in the event.
THE UNDERSIGNED expressly acknowledges and agrees that activities associated with the event are dangerous and involve the risk of serious injury and/or property damage. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by any city, county, state, or federal jurisdiction through which THE UNDERSIGNED might pass during his or her participation on the 2019 Gila Challenge
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
THE UNDERSIGNED ALSO AGREES TO release the use of any photos, slides, videotapes, motion picture film, computer images, electronic or written mail, etc. that might contain the UNDERSIGNED for future use in promotional and/or informational activities as deemed appropriate by any of the releasees.
Signed by me, this _______ day of ____________, 2019.
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Signature Auto Insurance Provider
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Print Name Driver’s License # & State of Issue