Please Read This Wavier
Solstice Sky Dragon Event
August 5th to the 8th 2010
CONSIDERATION FOR PARTICIPATION
1. IN CONSIDERATION of being permitted to
attend, drive, observe, or participate in any way in The Solstice Sky Dragon
Event or being permitted to enter for any purpose any area in which The
Solstice Sky Dragon Event is being conducted,
EACH OF THE UNDERSIGNED for himself/herself, his/her personal representatives,
heirs, and/or next of kin:
RELEASE
OF CLAIMS
2. HEREBY RELEASES, WAIVES, DISCHARGES, HOLDS
HARMLESS, AND COVENANTS NOT TO SUE The Solstice Sky Dragon Event or any
officer, member, organizer, vendor, road captain, sweeper, or other
representative of the foregoing event, all of whom are jointly referred to
herein as the "Releasees," from ANY AND ALL LIABILITY to the
undersigned, his or her personal representatives, assigns, heirs, and/or next
of kin, FOR ANY AND ALL LOSS OR DAMAGE, and any claim or demands therefore on
account of INJURY to the undersigned's person or property, including DEATH, arising
out of or related to The Solstice Sky Dragon Event in any way whatsoever,
WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. This release extends to ALL ORGANIZED DRIVES
/ RUNS / OUTINGS, GROUP FUNCTIONS, MEALS, OR OTHER EVENTS associated with The
Solstice Sky Dragon Event.
INDEMNITY
3. HEREBY AGREES TO INDEMNIFY and SAVE AND HOLD
HARMLESS the Releasees and each of them from any LOSS, LIABILITY, DAMAGE, OR
COST he or she may incur arising out of or related to The Solstice Sky Dragon
Event in any way WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
ASSUMPTION
OF THE RISK
4. HEREBY ASSUMES full responsibility for ANY
RISK OF BODILY INJURY, DEATH, or PROPERTY DAMAGE arising out of or related to ALL
ORGANIZED DRIVES / RUNS / OUTINGS, GROUP FUNCTIONS, MEALS, OR OTHER EVENTS at The
Solstice Sky Dragon Event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR
OTHERWISE.
ACKNOWLEDGMENT
OF DANGER
5. HEREBY ACKNOWLEDGES that The Solstice Sky
Dragon Event, including ALL ORGANIZED DRIVES / RUNS / OUTINGS, GROUP FUNCTIONS,
MEALS, OR OTHER EVENTS, may involve activities which are DANGEROUS and
may involve a risk of injury to the participant, including a risk of DEATH,
SERIOUS INJURY, and/or property damage. In
recognition of this danger, I have provided an emergency contact name, address,
and telephone number.
ACKNOWLEDGMENT
OF INCREASED DANGER AT NIGHT
6.
HEREBY ACKNOWLEDGES that DRIVING the roads in
the area AT NIGHT GREATLY INCREASES the RISKS associated with these roads. I HAVE BEEN ADVISED NOT TO DRIVE the roads AT
NIGHT. I understand that I AM SOLELY
RESPONSIBLE for my SAFETY and that of others on the road IF I choose to IGNORE
THIS RECOMMENDATION and choose to DRIVE the roads AT NIGHT.
RESPONSIBILITY
FOR UNORGANIZED TRAVEL
7.
HEREBY ACKNOWLEDGES that I AM SOLELY RESPONSIBLE for the SAFETY of my
TRAVEL TO AND FROM The Solstice Sky Dragon Event, as well as for any ERRANDS or
other PERSONAL / NON-EVENT-ORGANIZED DRIVES which I decide to undertake during
the Event.
AGREEMENT REGARDING VEHICLE / TIRE CONDITIONS
8.
HEREBY ACKNOWLEDGES that if the VEHICLE, including TIRES, I am driving,
or in which I am riding, is NOT IN PROPER CONDITION, the RISKS associated with The
Solstice Sky Dragon Event are GREATLY INCREASED for myself and everyone else on
the road with me. I understand that I BEAR
SOLE RESPONSIBILITY FOR ensuring that MY VEHICLE, including TIRES, are in
proper condition, and I AGREE that, for my own safety and the safety of others,
I WILL NOT PARTICIPATE in this Event UNLESS they are in a PROPER CONDITION.
AGREEMENT
REGARDING SKILL AND COMFORT LEVEL
9.
HEREBY ACKNOWLEDGES that I have a responsibility to look out for MY OWN
SAFETY and to only participate in The Solstice Sky Dragon Event in accordance
with MY SKILL and COMFORT LEVELS. I AGREE
that I will only sign up for drives for which I HAVE SUFFICIENT SKILLS and a
SUITABLE COMFORT LEVEL. I FURTHER AGREE
that if I EVER BECOME UNCOMFORTABLE with the environmental conditions, weather,
road conditions, driving conditions, speed, spacing of vehicles, or other
aspects of a drive, I WILL IMMEDIATELY NOTIFY the officers, members,
organizers, road captains, sweepers, or other representatives of The Solstice
Sky Dragon Event so that the issue may be addressed and I WILL CEASE
PARTICIPATION in the Event until such time as I am comfortable with the
conditions.
AGREEMENT
REGARDING ALCOHOL, MEDICATIONS, DRUGS
10.
HEREBY ACKNOWLEDGES that consumption of ALCOHOL or any prescription MEDICATIONS
/ recreational DRUGS GREATLY INCREASES the RISKS associated with The Solstice
Sky Dragon Event for both myself and anyone else on the road with me. I understand that I BEAR SOLE RESPONSIBILITY
for ensuring that I do not drive while impaired in any manner, and I AGREE THAT
I WILL NOT DRIVE in The Solstice Sky Dragon Event WHILE IMPAIRED.
AGREEMENT
REGARDING ALERTNESS
11.
HEREBY ACKNOWLEDGES that FATIGUE, INADEQUATE REST, or LACK OF MENTAL
ALERTNESS GREATLY INCREASES the RISKS associated with The Solstice Sky Dragon
Event for both myself and everyone else on the road with me. I understand that I BEAR SOLE RESPONSIBILITY
for ensuring that I am ADEQUATELY RESTED and MENTALLY ALERT, and I AGREE that I
WILL NOT PARTICIPATE in The Solstice Sky Dragon Event UNLESS I am ADEQUATELY
RESTED and MENTALLY ALERT.
AGREEMENT
REGARDING CONCENTRATION
12.
HEREBY ACKNOWLEDGES that, given the nature of the roads associated with
this event, even a momentary LAPSE IN CONCENTRATION (changing the radio /
environmental controls, turning to talk to a passenger, sight-seeing, etc.) can
be VERY DANGEROUS to both myself and everyone else on the road with me. I understand that I AM SOLELY RESPONSIBLE for
ensuring that I STAY FOCUSED on the driving task, and I AGREE that I WILL STAY
FOCUSED on driving and the roads while participating in The Solstice Sky Dragon
Event.
AGREEMENT
REGARDING RADIOS
13.
HEREBY ACKNOWLEDGES that the ability to communicate between road
captains, sweepers, and other participants is vital during the drives. I AGREE that I WILL HAVE A RADIO in the car
with me at all times.
USE
OF LIKENESS IN MEDIA
14. GRANTS permission to The Solstice Sky Dragon
Event to use his or her voice, likeness, photographs, and/or videotape of his
or her person and/or vehicle in publicity and/or promotional materials or media
of any type whatsoever in the sole discretion of The Solstice Sky Dragon Event
and its officers, members, or representatives.
I HAVE READ, and/or HAS
BEEN READ TO ME, this Release and Waiver of Liability, Assumption of Risk and
Indemnity Agreement in its entirety. I fully understand its terms and I understand
that I HAVE GIVEN UP SUBSTANTIAL RIGHTS by signing it FREELY and VOLUNTARILY,
without any inducement, assurance or guarantee being made to me. I intend my
signature to be a complete and UNCONDITIONAL RELEASE OF ALL LIABILITY to the
GREATEST EXTENT allowed by law.