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.