For and in consideration of being permitted to drive or be a passenger in, or otherwise allowed to enter any area where any activity related to the event described above (the “Event”) shall take place, or being permitted to observe or otherwise participate in or be involved with any purpose related to the Event, I, THE UNDERSIGNED, FOR MYSELF, MY PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS, UNCONDITIONALLY AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, JAGUAR LAND ROVER NORTH AMERICA, LLC (“JLRNA”) AND ITS PRESENT, FORMER, AND FUTURE PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, REPRESENTATIVES, AGENTS, CONTRACTORS AND OFFICERS, FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS) WHICH MAY ACCRUE AS A RESULT OF MY PARTICIPATION IN THE EVENT. I UNDERSTAND THAT THIS DOCUMENT IS INTENDED TO DISCHARGE JLRNA FROM AND AGAINST ANY AND ALL LIABILITY ARISING OUT OF, OR RELATED IN ANY WAY WITH MY PARTICIPATION IN THE EVENT, EVEN IF THAT LIABILITY IS CAUSED BY JLRNA’S CONDUCT.
I UNDERSTAND THAT SERIOUS ACCIDENTS MAY OCCUR DURING AUTOMOBILE DRIVING ACTIVITIES AND THAT PARTICIPANTS CAN SUSTAIN FATAL OR SERIOUS PERSONAL INJURY AND/OR PROPERTY DAMAGE. NOTWITHSTANDING THIS, I HEREBY AGREE TO ASSUME FULL AND COMPLETE RESPONSIBILITY FOR, AND RISK OF, BODILY INJURY, DEATH, PROPERTY DAMAGE OR ANY OTHER KIND OF INJURY OR DAMAGE, WHETHER FORESEEN OR UNFORESEEN, WHICH MAY OCCUR DURING MY PARTICIPATION IN THE EVENT.
I acknowledge, agree, represent, and warrant that I: (a) am 21 years of age or older and possess a valid driver’s license without any restriction; (b) can see and hear well enough to operate a motor vehicle properly and safely and am wearing any eyewear or hearing apparatus required to operate a motor vehicle properly and safely; (c) will operate the vehicle in a safe manner, observe all traffic laws and follow instructions, recommendations and cautions of JLRNA’s representatives and vendors at all times, whether or not on public streets;
(d) I am not under the influence of any alcohol or illegal substance.
(e) am not under the influence of any intoxicant, narcotic, prescription medicine, or other drug that would impair my ability to operate the vehicle, nor do I have any physical or mental condition that would make participation in the Event an undue risk to me, the vehicle or other Event participants; (f) will properly wear seat belts at all times while I am in a vehicle in operation at the Event; (g) understand that sport utility vehicles handle differently from traditional passenger cars and, in particular, sharp turns or abrupt maneuvers can result in unanticipated loss of control or even a rollover in the vehicle ; (h) will avoid excessive speeds; and (i) shall pay for all fines or penalties incurred in connection with my operation of any vehicle during the Event.
I acknowledge that JLRNA or its vendors at this Event may take photographs, videos and recordings of me and my personal property, including any vehicles and pets, as well as quotes from me. I agree that any such photographs, videos, recordings or quotes, along with my name and biographical information, may be used by JLRNA in any manner, venue or media worldwide in perpetuity, without compensation, for any lawful purpose, including without limitation for marketing and trade purposes.
In consideration of permission to participate in the Event, I CONTRACTUALLY AGREE that ALL CLAIMS herein shall be GOVERNED BY NEW JERSEY LAW AND ALL LITIGATION RELATED IN ANY WAY TO THIS RELEASE SHALL ONLY BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN NORTHERN NEW JERSEY. I agree that the foregoing terms are intended to be as BROAD AND INCLUSIVE AS PERMITTED BY LAW. These terms shall continue from this date forever. If any portion of this document is found invalid, unenforceable, or contrary to public policy, law, statute, or ordinance, then the remainder of this document shall remain valid and fully enforceable. This document embodies the entire agreement and supersedes any previous or contemporaneous statements, negotiations or agreements regarding the Event. I agree that no representations, warranties, agreements, promises or inducements have been made by JLRNA or anyone on behalf of JLRNA, except as set forth herein.
I UNDERSTAND THAT BY PARTICIPATING IN THE EVENT AND PROVIDING MY INFORMATION, I CONSENT TO BE CONTACTED BY TELEPHONE, EMAIL, AND POSTAL MAIL FROM JLRNA AND ITS AUTHORIZED RETAILERS SERVICING MY AREA ABOUT PURCHASING A VEHICLE, OR OBTAINING VEHICLE FINANCING, VEHICLE SERVICE, OR OTHER AUTOMOTIVE RELATED PRODUCTS/SERVICES.
I HAVE CAREFULLY REVIEWED THIS DOCUMENT AND I UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A WAIVER, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE.
NOTE: JLRNA reserves the right to deny participation in the Event to individuals demonstrating behavior that may result in injury to themselves or others. JLRNA reserves the right to deny participation in the Event to individuals who do not provide proof of a valid driver’s license or who may not have the required motor skills to operate a vehicle in a safe manner (if applicable). The possession or use of any alcoholic beverage will result in an automatic denial in participating in the Event. The drive staff shall have complete discretion in determining whether an individual is fit to participate in the Event. If participant is denied participation in the Event for any of the foregoing reasons, JLRNA shall have no obligation to provide a refund of any amounts previously paid by participant.