Waiver of Liability, Assumption of Risk, and Indemnity Agreement
IN CONSIDERATION of being permitted to participate in any road rally organized by Proper Miles LLC (referred to as “the Rally”), I, the undersigned participant, hereby agree as follows:
1. Acknowledgment of Route Conditions
I acknowledge and agree that while I may be provided with information about the rally route, the nature of the event does not allow for a full inspection of the route or adjacent areas prior to participation. I further understand that if, at any time, I believe conditions to be unsafe, I will immediately cease participation in the rally and take all necessary precautions to ensure my safety.
2. Acknowledgment of Risks
I understand that participation in the rally involves inherent risks and dangers, both known and unknown, including but not limited to serious bodily injury, permanent disability, paralysis, death, and property damage.
3. Responsibility for Passengers
I acknowledge and agree that I am fully responsible for the safety and conduct of all passengers in my vehicle, including any minors. I further agree that I am solely responsible for ensuring compliance with all applicable laws, including the proper use of seat belts, child restraints, and any other safety measures required by law. I also agree to indemnify and hold harmless Proper Miles LLC and the Releasees for any claims, damages, or liabilities arising out of injuries, losses, or damages sustained by my passengers.
4. Obligation to Obey Traffic Laws
I agree to comply with all local, state, and federal traffic laws, including but not limited to speed limits, traffic signals, and other rules of the road, while participating in the rally. I understand and agree that Proper Miles LLC does not encourage or condone reckless or illegal driving behavior. I further acknowledge that I am solely responsible for any traffic law violations, fines, citations, or legal consequences arising out of my participation in the rally. Proper Miles LLC and the Releasees are not liable for any such incidents or penalties.
5. Extension of Coverage to Meeting Points
I understand and agree that the terms of this waiver apply not only during the rally itself but also while I am at the designated meeting points before the rally commences and after the rally concludes. This includes, but is not limited to, activities such as vehicle preparation, social interactions, parking, and other related activities. I acknowledge that Proper Miles LLC and the Releasees are not responsible for any injuries, damages, or losses occurring at these locations.
6. Assumption of Risk
I voluntarily assume full responsibility for any risks of bodily injury, death, or property damage arising out of or related to my participation in the rally, including but not limited to risks associated with driving on public roads, interacting with other participants, or attending meeting points, even if such risks are caused, in whole or in part, by the negligence of the “Releasees” defined below.
7. Release and Waiver of Liability
I hereby release, waive, discharge, and covenant not to sue Proper Miles LLC, its promoters, participants, officials, vehicle owners, riders, drivers, crew members, rescue personnel, sponsors, advertisers, property owners, lessees, inspectors, surveyors, underwriters, consultants, and all others involved in organizing or facilitating the rally, as well as their respective officers, directors, agents, employees, and representatives (collectively referred to as “Releasees”). This release applies to all liability for any loss, damage, claim, or demand on account of injury to myself or my property, or resulting in my death, arising out of or related to my participation in the rally, whether caused by the negligence of the Releasees or otherwise.
8. Indemnification
I agree to defend, indemnify, and hold harmless the Releasees from any claims, demands, losses, liabilities, or costs, including legal fees, arising out of my participation in the rally, including any claims brought by my passengers or their representatives, regardless of whether such claims arise from the negligence of the Releasees or otherwise.
9. Binding Agreement
I agree that this agreement is binding upon me, my personal representatives, agents, heirs, assigns, and next of kin, and will remain enforceable to the fullest extent permitted by law.
10. Acknowledgment of Understanding
I certify that I have carefully read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement. I understand its terms, recognize that I am waiving substantial rights, and agree to it freely and voluntarily without any inducement, assurance, or guarantee.