1. IMPORTANT: PLEASE READ THIS WAIVER AND RELEASE OF LIABILITY (“WAIVER”) CAREFULLY. This Waiver applies to Work Truck Week, the Work Truck Show and related activities (collectively, the “Event”), as well as the use of related services. By accepting this Waiver, you are agreeing to all terms of this Waiver and giving up certain rights, including but not limited to the right to bring a lawsuit if you are injured at the Event (or during the use of related services). You should seek the advice of legal counsel before accepting the Waiver if you are unsure of the effect of the Waiver.
2. YOU ASSUME THE RISK AND WAIVE LIABILITY.
In consideration of me and my minor children (if any) being permitted to attend and participate in the Event and use related services, I agree to the terms of this Waiver.
I understand and acknowledge that attending and participating in the Event and using related services are voluntary, and that the nature of the Event (which, for example, includes large numbers of people and heavy vehicles and equipment) involves inherent risks and dangers. I also understand and acknowledge that (a) the National Truck Equipment Association, (b) the Indiana Convention Center and Lucas Oil Stadium, (c) the Event Manager (if any), and (d) each of their respective officers, directors, shareholders, members, managers, agents, employees, and representatives cannot ensure my safety. Each person and entity described above in (a) through (d) is referred to in this Waiver as a “Released Party”.
GENERAL WAIVER AND ASSUMPTION OF RISK
I am assuming full and complete responsibility for all risks and dangers (whether inherent, known, or unknown) in connection with my (and/or my minor children’s) attendance and participation at the Event and use of related services, including the responsibility for all injuries, permanent disabilities, illnesses, death, and property damage and loss, even if caused by the negligence of a Released Party. The Event and related services have sufficient value to me that I choose (on behalf of myself and my minor children) to attend and participate in them, despite the risks and dangers.
To the fullest extent permitted by applicable law, I (on behalf of myself and my minor children):
(1) waive, release, and discharge all claims, lawsuits, and other actions against a Released Party in connection with my (and/or my minor children’s) attendance and participation at the Event and use of related services, including but not limited to claims, lawsuits, and other actions for personal injury, permanent disability, death, illness, and property damage and loss, even if caused by the negligence of a Released Party.
(2) hold harmless and indemnify each Released Party from and against all liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees) in connection with my (and/or my children’s) attendance and participation at the Event and use of related services, including but not limited to personal injury, permanent disability, death, illness, and property damage and loss, even if caused by the negligence of a Released Party and regardless of whether the claim, lawsuit, or cause of action is made by me, one or more of my minor children, or another party or entity.
INFECTIOUS DISEASES.
Although already covered by the general assumption of risk and waiver of liability in this Item 2, I specifically agree to assume the risks and waive liability in connection with infectious diseases.
I understand the Released Parties cannot ensure that I and my minor children will not be exposed to, contract, or spread COVID-19 or other infectious diseases while I and my minor children are attending the Event and using related services, and I am voluntarily choosing for me and my minor children to attend and participate in the Event and to use related services. I am assuming full responsibility if I and/or my minor children are exposed to, contract, and/or spread COVID-19 and/or other infectious diseases in connection with the Event (and related services), even if such exposure, contracting, and spreading are caused by the negligence of a Released Party.
To the fullest extent permitted by applicable law, I (on behalf of myself and my minor children) waive, release, and discharge all claims, lawsuits, and other actions against a Released Party, and hold harmless and indemnify each Released Party from and against all liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees) regardless of whether the claim, lawsuit, or cause of action is made by me, one or more of my minor children, or another party or entity, in connection with my (and/or my children’s) exposure, contracting, and/or spreading of COVID-19 and/or other diseases infectious elated to the Event (and related services), including but not limited to death, injury, permanent disability, illness, medical expenses, and loss of income, even if caused by the negligence of a Released Party.
EVENT ACCESS HEALTH SCREENING REQUIREMENTS. In order to enter the Event (and related activities), I understand that I may be required to provide vaccine records, negative test results for one or more communicable diseases, and/or answer questions about my current health related to symptoms, exposure, and diagnosis of one or more communicable diseases (“Event Access Health Screening Requirements”). I (on behalf of myself and my minor children) consent to the Event Access Health Screening Requirements and the use of the information collected by the Event Access Health Screening Requirements for making determinations as to whether I (and my minor children) will be granted access to the Event.
Although already covered by the waiver of liability in this Item 2, I (on behalf of myself and my minor children) specifically agree, to the fullest extent permitted by applicable law, to waive, release, and discharge all claims, lawsuits, and other actions against each Released Party, and to hold harmless and indemnify each Released Party from and against all liabilities, losses, damages, and expenses (including but not limited to reasonable attorneys’ fees), even if caused by the negligence of a Released Party, in connection with the Event Access Health Screening Requirements, including but not limited to, liabilities, losses, damages, expenses, claims, lawsuits and other actions related to invasion of privacy or disclosure of confidential information, regardless of whether the claim, lawsuit, or cause of action is made by me, one or more of my minor children, or another party or entity.
PHOTOGRAPHY AND RECORDINGS. I (on behalf of myself and my minor children) consent to photography, interviews, audio and video recordings, and similar actions that captures my (and/or my minor children’s) image, voice, words, and property in connection with the Event and related services (collectively, “Photography and Recordings”). I also consent to the release, publication, exhibition, streaming, dissemination, storage, reproduction, creation of derivative works, and other use of such Photography and Recordings, including for marketing and promotional purposes, without any compensation to me and/or my minor children.
Although already covered by the waiver of liability in this Item 2, I (on behalf of myself and my minor children) specifically agree, to the fullest extent permitted by applicable law, to waive, release, and discharge all claims, lawsuits, and other actions against each Released Party, and to hold harmless and indemnify each Released Party from and against all liabilities, losses, damages, and expenses (including but not limited to reasonable attorneys’ fees), even if caused by the negligence of a Released Party, in connection with Photography and Recordings of or affecting me and/or my minor children, including but not limited to, liabilities, losses, damages, expenses, claims, lawsuits and other actions related to (a) not having an opportunity to inspect or approve such Photography and Recordings prior to publication or other dissemination, (b) not receiving royalties or other compensation in connection with the use of such Photography and Recordings, and (c) the blurring, alteration, optical illusion, use in composite form, or other results that may occur in the taking, processing, production, and/or distribution of such Photography and Recordings, regardless of whether the claim, lawsuit, or cause of action is made by me, one or more of my minor children, or another party or entity. Examples of the types of claims, lawsuits, and other actions I am waiving include but are not limited to claims of defamation, invasion of privacy, rights of publicity, copyright infringement, and loss of revenue or profits.
3. BINDING ON FAMILY/HEIRS. I understand and agree that this Waiver will be binding on members of my family and spouse, if I am alive, and on my heirs, assigns and personal representatives, if I am deceased.
4. ENFORCEABILITY/SEVERABILITY. I agree this Waiver is intended to be as broad and inclusive as is permitted by applicable law, and that if any of its provisions are unenforceable or otherwise invalid as written, then the obligations under such provisions shall be reduced to the limit of such validity or enforceability. If such a reduction is not possible and one or more provisions of this Waiver would invalidate the Waiver or any portion of it, then only such invalid provisions(s) shall be held ineffective, as though not contained in the Waiver, and the remainder of this Waiver shall be valid and in full force and effect.
5. GOVERNING LAW AND LOCATION. I agree that the law of the State of Michigan (without regard to choice of law considerations) shall apply to this Waiver. I also agree to the exclusive jurisdiction of the state and federal courts of the State of Michigan for any litigation arising from this Waiver.
