BLIZZARD OF DOLLARS / DRIVEHEREDOLLARCHALLENGE
Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement
This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and provided by the person signing below, on behalf of himself or herself, and his or her heirs and personal representatives (hereinafter “Participant”), who is being permitted to enter the apparatus known as “Blizzard Of Dollars / DriveHereDollarChallenge”, “cash cube” and/or “cash booth” (promotion) by Drivehere.com and Drivehere.com Philly, their affiliates, respective partners, agents, operators, managers, employees, and representatives and other participants (hereinafter Company and/or Released Parties) to participate in a promotional activity where all of the “money” that they are able to capture within the allotted time will be applied toward the lease of a vehicle from the Company. The Participant acknowledges and agrees that participation in the promotion is not a requirement of the lease contract nor a guarantee that they will qualify or be permitted to lease a vehicle. Participant acknowledges and agrees that entering into this Release is required as a condition to participating in the promotion. This Release shall be effective on the date of its execution and shall remain in force.
In consideration of Company permitting Participant to enter onto the cash booth, the undersigned, does hereby stipulate and agree:
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK. Participant understands and acknowledges that the cash booth involves inherent risks and can be very dangerous, and that he or she could sustain serious bodily injury, including temporary or permanent disability, paralysis and death, as well as property damage. Such risks and dangers may be caused by the Participant’s own actions or inactions, the actions or inactions of others, the condition of the cash booth, or the negligence of the Released Parties. Participant acknowledges that any injuries he or she may sustain may be compounded or increased by negligent or delayed rescue operations or procedures of the Released Parties. Participant further acknowledges there may be other risks and economic losses, which may be known to the Participant or may be unforeseeable, that are presented by participation in the Promotion. PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO THE CASH BOOTH AND PARTICIPATION IN THE PROMOTIONAL EVENT, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
2. RELEASE FROM LIABILITY. Participant hereby agrees to fully and forever discharge and release Company from any and all claims Participant may have or hereinafter have for any injury, temporary or permanent, disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s participation in the Promotion, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release is intended to be, and is, a complete release of any responsibility of the Released Parties.
3. RELEASE FOR USE OF IMAGES AND LIKENESS. Participant hereby agrees that his or her image, recordings and/or likeness can be used by Company at any time and in whatever form. The Participant also agrees that said images, recordings and/or likeness are the exclusive property of the Company. The Participant specifically acknowledges that said images could be difficult, impossible or expensive to remove from circulation. Therefore, this release is permanent in nature and is in effect regardless of whether the Participant becomes or remains a customer of the Company.
4. EXCLUSIVE USE OF PROMOTIONAL DOLLARS. Participant understands and acknowledges that all “money” obtained, can only be used as a discount toward the lease of a vehicle from the Company. Under no circumstances will the “money” be awarded to or become the property of the Participant. If after participating in the cash booth, the Participant is unable to apply the promotional funds to the lease of a vehicle, they can make a one time irrevocable transfer of the promotional value obtained to another potential lessee. In no case, can a lessee apply more than one promotion on a single lease contract.
5. COVENANT NOT TO SUE. Participant agrees, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant may have as a result of any release of images, likeness, personal injury, death or property damage the Participant may sustain while on the Property or participating in the Promotion.
6. INDEMNIFICATION. Participant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s involvement in any of the Promotional activities or Participant’s use of the property.
7. PARTICIPANT’S REPRESENTATIONS. Participant acknowledges and represents that: (1) Participant is qualified to participate in the Promotion. (2) Participant shall at all times follow all the rules and regulations for the Promotion including information provided by this release, posting and orally. (3) Participant will not allow children to enter or participate in the cash booth and will at all times be responsible for any minors in their care and custody. (4) Participant will not consume or be under the influence of any alcohol or drugs at any time while participating in the Promotion and (5) Participant has fully read and understands each of the provisions of this Release, and prior to signing this Release and signs the release voluntarily and without coercion.
8. NO DUTY TO SUPERVISE. Participant acknowledges and agrees that he or she is aware that the Released Parties have no duty to supervise the activities of any participant, or any other person within the Property. The Released Parties assume no responsibility or liability for the acts or omissions of any such persons.
9. Governing Law and Venue. This Release agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of this Release must be brought exclusively in any state or federal court located in Montgomery County, Pennsylvania.
10. Survival. Any provision of this Release providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
11. Compliance with Laws. In the performance of the terms of this Release, use of the Property and participation in the Promotion, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
12. Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
13. Entire Agreement; Modification; Binding Effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS AGREEMENT FREELY AND VOLUNTARILY.
Date: _______________ Name(print): ________________________________________