WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in BEING ON THE COMPANIES PROPERTY (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind of arising out of my participation in the Activity; and

I HEREBY release and forever discharge BETTS TEXACO AND B & G AUTO GLASS CO. INC., located at 2806 Pulaski Hwy, Newark, Delaware 19702, their affiliates, managers, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, define and hold harmless the Releasees against any and all claims, suits or actions of any kind of whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Betts Texaco and B & G Auto Glass Co. Inc.to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any cost incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Betts Texaco and B & G Auto Glass Co. Inc. official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THE IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE BETTS TEXACO AND B & G AUTO GLASS CO. INC. AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST BETTS TEXACO AND B & G AUTO GLASS CO. INC.FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Betts Texaco and B & G Auto Glass Co. Inc., its agents, and employees.

I agree that this Release shall be governed for all purposes by Delaware law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s or agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {{formatedName}}Name  and Betts Texaco and B & G Auto Glass Co. Inc. agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall deemed to be written, construed and enforced as so limited.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

Due to the pandemic we as a company have to take precautions to ensure the safety for both our employees and our customers. We ask that everyone wears a face mask when inside of our building. Face mask are not required in the lot as long as there is at least 6 ft between customers from separate parties , and our employees. 

If you have any COVID-19 symptoms or have been in contact with anyone with COVID-19 symptoms we do ask that you wear a mask at all times in our yard to better ensure safety for everyone. 

Everyone must sign in then when done check out with office staff

All visitors are subject to the Company's Safety regulations.

• In case of fire/emergency please report to the evacuation point (outside of the lot in the grass between Kohl's and Betts Garage) for a roll call.
• Smoking is not allowed anywhere in the lot due to the risk of fire from gases and or oils that could be in the air or on the ground from vehicles.
• Customers are allowed to driver their vehicles into our yard to collect personal belongs but they must
•     park off the side and near their vehicle to allow our company vehicles access to the yard
•     not block entryways to our building
•     not park in front of and of Betts Garage's vehicles and or equipment
  

No one is permitted in the yard without having the Tow Slip from the police department and a valid State ID.

Payment Policy Options

1.      If the owner of the vehicle has full coverage, they need to contact their insurance company and have them contact our office.

2.      If the owner of the vehicle wants to pick up their vehicle or the vehicle is leaving the yard, they are responsible for all the fees.

a.      Payment must be made before the owner can access their vehicle or remove vehicle from yard.

3.      If the owner of the vehicle does not have the funds to pay the fees for the vehicle and / or does not want the vehicle anymore, they may sign over the title to Betts Garage and pay the $175 for the tow fee.

a.      When signing over the title to Betts Garage all fees except the tow fee of $175 are voided.

b.      This must be completed before owner can take personals out of vehicle.

                                                              i.      Except for medication, car seats, and groceries

Damages and Missing Personal Policy

Betts Garage employees are required to photograph each vehicle at the scene which includes whole vehicle, close damages, and interior inventory. We as a company do not go through vehicles nor do we encourage said behavior among our employees. If you notice anything missing or any damages on your vehicle our office staff will conduct a complete investigation into the event. Betts Garage staff will review photographs and surveillance cameras to give the owner an answer. Please allow 1-3 business days for this process.

Also note that the police department that had the vehicle in question towed might have taken belongs for evidence.

 For other issues call 9-1-1

Thank you,

Betts Garage Management