|By clicking on "I Agree," you agree, warrant and covenant as follows:
|By purchasing ride package(s) to participate in The Bruce Rossmeyer 23rd Annual Ride For Children occurring on October 8, 2017 (hereafter, “The Ride”), the rider, driver and passenger (hereafter, “Participant” or “Releasor”), hereby agree to be bound by the terms of this Release
& Agreement as it pertains to The Ride and its organizers and sponsors including but not limited to, The Boggy Creek Gang, Inc., Rossmeyer Daytona Motorcycles, Inc. and , Destination
Daytona, LLC, including their promoters, ride participants, shareholders, owners, officers, managers, subcontractors, and employees (hereafter, individually and collectively, ”Dealer” or
”Releasee”); and, in consideration of being permitted to be involved in, observe, or participate as a rider, driver or passenger in The Ride and having access to the Dealer's premises, the Participant, for himself or herself, and his or her personal representatives, heirs and next of kin, acknowledges, agrees to and represents the following:
COVENANTS & ACKNOWLEDGEMENTS. Participant, if a motorcycle rider, has a valid motorcycle license with endorsement, and if Participant is a motor vehicle driver, has a valid driver’s license, and in addition, rider or driver also have either motorcycle or motor vehicle property and liability insurance, as the case may be, and rider and driver) are fully capable of either
riding a motorcycle or driving a motor vehicle, as the case may be, safely in a group of motorcycles and motor vehicles, and Participant understands that rides including The Ride are a very dangerous activity which can and may result in accidents, injury to person and property, and death as a result of sudden and unexpected circumstances, including but not limited to, collisions with or the actions of other Participants, non-participants, other motor vehicles, and objects. PARTICIPANT ACKNOWLEDGES THAT DEALER SHALL NOT BE VERIFYING WHETHER RIDE PARTICIPANTS HAVE A VALID DRIVERS LICENSE OR MOTORCYCLE ENDORSEMENT OR LIABILITY INSURANCE AND THAT THERE MAY BE UNLICENSED AND UNINSURED RIDERS OR PARTICIPANTS RIDING IN THE RIDE.
RELEASE AND COVENANT NOT TO SUE. Participant hereby releases, waives, and discharges Dealer from all liability or any claim or demand on account of injury to the Participant or persons or property or death of Participant from any act, cause, person or thing, whether caused by the gross negligence or negligence of the Releasee or otherwise, for anything that occurs while the Participant is participating in The Ride or traveling to The Ride, or traveling
from The Ride; and, Participant covenants not to sue Dealer for anything whatsoever connected with The Ride.
INDEMNIFICATION / DEFEND / HOLD HARMLESS. Participant agrees to indemnify, defend, and hold Dealer harmless from any claim, loss, liability, damage, or cost caused by Participant to
any third party or property. If Dealer is sued as a result of the actions of Participant, Participant shall pay for Dealer’s defense of such claim including all reasonable attorneys’ fees and costs of such defense, including trial and appeals, and Dealer shall select its own counsel.
ASSUMPTION OF RISK. Participant assumes full responsibility for and risk of bodily injury, death or property damage due to any cause, person, or thing including the gross negligence or negligence of Releasee or any third party. The Participant acknowledges that Dealer is providing a police escort for the motorcycles; however such police escort is very limited and does not
provide safety measures that can remove all risk to Participant. Participant also acknowledges that Dealer is not conducting any background or safety checks of riders or Participants. PARTICIPANT SHALL NOT AND CANNOT SUE DEALER FOR INADEQUATE SAFETY MEASURES INCLUDING THAT DEALER IS NOT VERIFYING WHETHER PARTICIPANTS HAVE A VALID DRIVERS LICENSE OR MOTORCYCLE ENDORSEMENT OR INSURANCE.
SCOPE OF RELEASE. The Participant acknowledges and agrees that motorcycle riding and motor vehicle operation in a group or in The Ride is very dangerous and involves the risk of serious injury and death and property damage, and further that Dealer will not and cannot reduce or remove such risks. The Participant further agrees that the foregoing Release and its contents
are intended to be as broad as is permitted by the laws of the State of Florida, and that if any
portion (including any word or phrase) of this Release is held invalid, it is agreed that the balance of the Release shall be interpreted by the court to be as broad as possible and in all cases to provide the maximum protection to Dealer and to continue in full legal force and effect. It shall have no legal effect on interpretation of this Release that the Dealer has prepared this Release.
The Participant has read and voluntarily accepts this Release and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made which in anyway alters, amends, or changes this Release.
PARTICIPANT AGREES THAT HE OR SHE WILL NOT SUE DEALER FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE THAT OCCURS TO PARTICIPANT DURING OR IN CONJUNCTION WITH THE RIDE.
This Release is effective when signed by Participant(s) or when the on-line registration for The
Ride is completed:
Participant’s Printed Name
Participant’s Printed Name