RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (the “Agreement”)
PARTICIPATION RULES (the “Rules”) FOR TOMCAR DEMONSTRATION RIDE(S):
- All users shall be 18 years of age or older.
- Operator shall have a valid driver’s license.
- Operator assumes any and all liability for any damage caused during use of TOMCAR product(s).
- All users shall wear properly sized safety equipment, including but not limited to a helmet, and a
seat belt during product use.
- All users shall review and comply with all applicable warnings and instructions for safe product use,
including on-product labels and warnings, and instructional materials.
- No person shall be allowed to operate or ride in the product if such person has an apparent physical
or mental handicap, or is under the influence of alcohol, narcotics or any other substance which may
impair the person’s faculties or ability to use the product.
- All users shall obey all applicable ordinances and laws regarding the operation or use of the product.
- TOMCAR shall have the right to refuse use of its product(s) to anyone when it is in the best interest
of the operator’s safety or the product in use.
In consideration for being permitted to participate in the TOMCAR demonstration ride, I hereby agree as follows:
I have read and understand the Rules, and I agree to abide by the Rules. However, I understand and agree that I am
not relying on any training from TOMCAR or any other information or promises other than what is in this
Agreement in deciding to participate in the demonstration ride or in signing this Agreement.
I understand and agree that use of off-road recreational vehicles, such as TOMCAR’s product(s), is a hazardous
activity. I also recognize that this activity presents the risk of injury, including serious injury and/or death. These
serious risks include but are not limited to: uneven and/or unstable terrain, unmarked obstacles and man-made
structures, actions of other participants in the demonstration, mechanical failures and collisions with other persons or
products. I explicitly assume the risk of injury including, but not limited to, serious injury or death as a result of my
use of TOMCAR product(s), and agree to accept full responsibility for any injuries or damages which may result or
which I may sustain from participation in the TOMCAR demonstration ride.
I, therefore, agree to RELEASE and WAIVE any and all claims of any kind against TOMCAR
, its parent,
subsidiaries, affiliates, officers, employees, contractors, and agents, from liability for any and all claims, loss,
damage, or injury, including death, that may be sustained by me or anyone participating with me while participating
in the demonstration ride, including those injuries and damages caused by any negligent act or omission, design or
manufacturing defect or the breach of any express or implied warranty of TOMCAR.
I further agree to hold harmless and indemnify TOMCAR from any and all liability for any damage to
property or personal injury to any third party resulting from my participation in the demonstration ride.
Nothing in this liability agreement and release applies to, or otherwise affects, claims I may have for gross
negligence, or intentional, willful, or wanton acts on the part of TOMCAR.
THIS AGREEMENT RELEASES TOMCAR AND ITS PARENT, SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, FROM LIABILITY FOR BODILY
INJURY, WRONGFUL DEATH, AND/OR PROPERTY DAMAGE AS SET FORTH HEREIN. I HAVE
READ THIS AGREEMENT AND UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS
WHICH I OR MY HEIRS MAY HAVE AGAINST TOMCAR INCLUDING THE RIGHT TO SUE
SHOULD I SUFFER INJURY OR DEATH.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND
AGREE TO THE TERMS OF THIS AGREEMENT. BY PROVIDING TOMCAR WITH PERSONAL
INFORMATION, I CONSENT TO TOMCAR USING SUCH INFORMATION FOR MARKETING AND
ADVERTISING PURPOSES. YOUR INFORMATION WILL NOT BE SOLD OR DISTRIBUTED.