LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
Please Read and Complete this Entire Form
Parts & Labor (Hereinafter the “EVENT”) its Organizers and Sponsors: Biltwell Custom Motorcycle Corp. dba Biltwell Inc., A California Corporation, the place where my event is taking place and other organizations sponsoring the Event (Hereinafter collectively referred to as “ORGANIZERS OR SPONSORS”.
In consideration for being allowed to participate in the EVENT organized and hosted by the Organizers, I state the following:
I acknowledge and personally understand the dangers and hazards associated with the EVENT which includes but is not limited to, riding or racing motorcycles, physically strenuous activities, camping or other activities related to the Event, including travel to and from the Event (hereinafter referred to as the “PROGRAM”) that could expose me to numerous and unanticipated risks which could result in personal injury, illness or death or could result in damage to my property and/or the property of others.
In consideration of being allowed to participate in the EVENT and its PROGRAM, I acknowledge and understand I will be exerting myself and that if I am injured as a result of fall, crash, heart attack, death, or infectious disease or other injury however caused, that I expressly assume all risk of injury and that I will not hold the Released Parties, Organizers or Sponsors responsible whether the result of negligence, whether active, passive, foreseen or unforeseen.
I hereby: (a) waive, release and hold harmless Biltwell Custom Motorcycle Corp dba Biltwell Inc, the Organizers and Sponsors, their board of directors, officers, employees, volunteers and agents (the “RELEASED PARTIES”) from any liability whatsoever, including but not limited to liability for my personal injury, death, property damage or theft, as a result of my participation in the Event and related activities; and (b) I indemnify and hold harmless the Organizers, Sponsors and Released Parties from any and all liabilities or claims made by other individuals or entities as a result of my actions while participating in the Event and related activities.
I further promise not to sue the Organizers, Sponsors or Released Parties and I release, exempt and hold harmless said Organizers, Sponsors and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns arising out of my attendance or participation in this program including both claims arising during the program or after the activities are over. This provision shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I further promise and agree to pay all court costs and all reasonable attorney fees that result from my action, civil or otherwise.
Photo release and release of liability under California Civil Code 3344 I understand that pictures, videos, recordings, social media posts and other means of media taken by Biltwell Custom Motorcycle Corp dba Biltwell Inc., the Organizers or Sponsors leading up to, during or after the EVENT are the property of Biltwell Custom Motorcycle Corp. dba Biltwell Inc. and may be shared with others, including the Organizers or Sponsors of the EVENT, and may be used commercially for advertisement and/or promotion by the event Organizers or Sponsors, now or in the future, whether locally or elsewhere. I hereby release the Organizers and Sponsors from any and all claims based upon or arising out of the use, reproduction, distribution or display of all or any part of the photographs, videos, recording, social media posts or any derivative thereof, including any claim of invasion of privacy or right of publicity. I further waive any right I may have under California Civil Code 3344 et al.
I further state that I am of lawful age and legally competent to sign this Liability Release and Assumption of Risk Agreement. I understand and agree that I am not only giving up my right to sue the Organizers, Sponsors and Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my injury or death. I further represent that I have the authority to do so and that my heirs, assigns or beneficiaries will be estopped from claiming otherwise.
I, by this instrument agree to exempt and release Biltwell Custom Motorcycle Corp. dba Biltwell Inc., any and all Organizers and Sponsors, their officers, employees, volunteers or agents without limitation, and all related entities as defined above, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including but not limited to the negligence of the released parties, whether passive or active. I have fully informed myself of the contents of this liability release and assumption of risk agreement by reading it in its entirety before signing below on behalf of myself and my heirs.