Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement

IN CONSIDERATION of being permitted to participate in any way in the Cherokee Rose Mini Club, Inc. (herein referred to as the Club) or in any Club events or activities now or at any time in the future (participation in the Club and its activities being an “EVENT” for purposes hereof), each Club Member, for themselves, personal representatives, heirs, assigns, and next of kin HEREBY:

• Releases, waives, discharges and covenants not to sue the club and its members, officers, directors, employees, agents, promoters, volunteers, and affiliates and their personal representatives, assigns, heirs, and next of kin (collectively “releases”), of and from and for any and all liability, loss, or damage and any claims or demands therefore on account of, relating to or arising from: injury to the person or property of the Member, death of the Member, or other loss, damage or liability to the Member; arising out of or related to (or alleged to arise out of or be related to) an event or the Member’s participation in or attendance at an event, whether caused by the negligence of the releases or otherwise.
• Represents and acknowledges that he/she is in good physical and mental condition, has a good driving record, is not currently taking any medication, drugs, or other substance that would impair his/her ability to drive safely and is at least eighteen (18) years of age with a valid driver’s license and represents that the foregoing will be true during any Event in which the Member participates or attends. An adult meeting the above criteria shall accompany any driver less than 18 years of age at any Event.
• Agrees to indemnify, defend, and save and hold harmless the releasees and each of them from and against any loss, liability, damage, claim, or cost (including attorneys’ fees) that the releasees (or any one of them) may incur arising out of or related to the Member’s participation in or attendance at an event, whether caused by the negligence of the releasees or otherwise.
• Assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to an Event whether caused by the negligence of releasees or otherwise.
• Assumes full responsibility for any damages willfully, unwilfully or negligently inflicted by the Member upon the property, facilities, equipment, or other persons at the location at which an Event is held.
• Acknowledges that the activities of an event may be dangerous and involve the risk of serious injury and/or death and/or property damage. Each Member also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the releasees.
• Agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, including negligent rescue operations, is intended to apply to each and every Event now or in the future, and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which an Event is conducted, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND BY JOINING THE CLUB AS A MEMBER I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.