Hold Harmless Agreement

 

In consideration of the right to obtain a membership in All-American Camaro & Firebird Association, Member (which refers, individually and collectively, and in any combination, to the individual entering into the members’ Hold Harmless agreement, and that person’s heirs, agents and assigns) hereby releases and covenants not to sue All-American Camaro & Firebird Association, its owners, directors, officers, members, contractors, agents, instructors, or affiliated companies (hereinafter individually and collectively "the club"), from any and all claims that may arise out of or are in any way connected with the member’s presence or participation in club activities or events. Member expressly agrees herein to personally assume all risks related to club membership, member’s presence and/or participation in club activities or events.

Member understands and agrees that being present and/or acting as a participant or spectator in club events may create predictable and unexpected risks of serious personal injury, including physical or mental injury, death, property damage, or other losses, and including risks which may be caused by the actions of other participants or other persons. Risks may include, but are not limited to: sprains; strains; fractures; damage to the head, face or body; emotional distress, flesh wounds; muscular skeletal injuries; cosmetic injuries; emotional or physical abuse; cuts; abrasions; penetrations; paralysis, foreign objects in the eye; amputations; permanent disabilities; and other serious injuries or death (collectively "risks").

Member acknowledges that he/she has investigated and evaluated the risks and has made a voluntary and informed decision about becoming a club member and participating in club activities and events. This decision is based upon member’s independent investigation and knowledge, and not on the representations of the club or any of its representatives. If there is any question as to whether member can safely participate in club activities or events, member will seek the advice of a physician or other counsel before engaging in such activity. Member understands that the nature and severity of the risks may be affected by member’s own physical and mental skills and abilities, the relative skill required to participate in club events, and the condition or environment of the site where club events take place. Member acknowledges that he/she is mentally and physically ready to engage in activities. Member agrees to continuously assess whether he or she can safely continue to participate in club activities or events. If member receives any advice or instruction from the club, member acknowledges that member is solely responsible for evaluating the information and choosing how to act upon it.

Member assumes the responsibility to obtain and use all protective equipment that may be reasonably appropriate to ensure safe involvement in club activities or events. Member understands that activities are undertaken at member's own risk, and that the club does not assure medical assistance in the event of accident, injury or illness. If at any time member believes that participating in club activities or events would be unsafe, whether due to member’s physical or mental condition, skills, or abilities, the location, or the conduct or potential conduct of the other participants, member will immediately discontinue engaging in the activity.

Member acknowledges this release prevents him/her from seeking damages or other relief in a court of law or otherwise. This scope of this Agreement shall be read as broadly as allowed by law in favor of releasing All-American Camaro & Firebird Association and shall include, but not be limited to, all conceivable claims for personal injury and/or property loss or property damage.

Member understands that member’s own medical and/or disability insurance will be used in the event of injury or that Member will be directly responsible for any medical costs incurred.

Member agrees to indemnify and hold harmless the club, its directors, officers, members, contractors, agents, instructors, or affiliated companies in the event of a suit or action against the club with regard to damages arising out of member’s own negligence or misconduct.

The terms of this agreement will serve as a release and indemnity agreement for member’s heirs, personal representative, and for all members of member’s family, including any minors.

Member agrees to indemnify the club for legal defense, expense, and any other costs, judgments or settlements arising out of claims by family members of the member injured or whose property is damaged or stolen while participating in club events or activities.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Tennessee applicable to agreements made and to be performed entirely within Tennessee. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

This Agreement may not be amended, modified, canceled, discharged, extended or changed except by an agreement in writing signed by the party against whom enforcement of any such amendment, modification, cancellation, discharge, extension or change is sought.

If any provision or if any part of any provision of this Agreement is found to be unenforceable, illegal or contrary to public policy by a court of competent jurisdiction, the parties agree that this Agreement shall remain in full force and effect except for such provision or part of any such provision held to be unenforceable.

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT – COVID-19

As a condition of the participation in events either hosted by or attended along with or because of your membership in All-American Camaro & Firebird I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:

1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates. I further recognize and assume the risk that while the virus:

a. is understood to spread mainly from person-to person and that recent studies indicate that people who are infected but do not have symptoms (also known as asymptomatic individuals) are likely to play a role in the spread of COVID-19;

b. may remain on surfaces for days and spread to individuals that come into contact with those surfaces;

c. sanitation procedures do not guarantee or ensure that the virus is not present;

d. there is not currently a vaccine to prevent COVID-19;

e. and other individuals present within the premises may be COVID+; and

f. the best way to prevent illness is to avoid potential exposure to COVID-19.

2. Notwithstanding the risks associated with COVID-19, including but not limited to those set forth herein, which I readily acknowledge, I hereby willingly choose to participate in Activities.

3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my presence in and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself, any minor children for whom I have the capacity to contract and to the extent legally possible, on behalf of any others with whom I may come into contact and allege that they became ill or contracted COVID-19 due to my presence in and on the premises and/or participation in the Activities) the All-American Camaro & Firebird Association, and each of their owners, supervisors, officers, directors, professional staff, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my participating in the Activities.

4. I shall hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury alleged to have occurred on the premises or arising out of the Activities.

5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State in which your chapter is based. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE AUTHORIZATION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. I further represent this waiver is not in lieu of, but rather in addition to, the waiver set forth in the Association’s adopted rules, policies & rates for participation in any Association activities.