VFW Post 2150 – The Lone Star Post
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RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT FOR THE COLLIN COUNTY TOYS FOR TOTS MOTORCYCLE RIDE
I, on my own behalf and on behalf of my heirs, personal representatives, successors and assigns, for and in consideration of the opportunity to participate in the 2018 Collin County Toys for Tots Motorcycle Ride (hereafter the “Ride”), being held on December 1, 2018, and sponsored by VFW Post 2150, McKinney, Texas, and the Collin County Marine Corps Reserve Detachment, (hereafter “Sponsors”) state and agree as follows:
I hereby release, indemnify, hold harmless and forever discharge Sponsors, The Veterans of Foreign Wars of the United States (VFW) and any local, county, district, Department, or any other entity of the VFW, The Marine Corps Reserve, Toys for Tots, and any other entity thereunder, and any and all organizers, vendors, contributors to and volunteers for the Ride, including but not limited to any and all host or corporate sponsors of the Ride; (hereinafter the “Released Parties”) from any and all claims, demands, rights and causes of action of any kind whatsoever, whether known or unknown, which I now have or later may have against the Released Parties in any way resulting from, arising out of, connected in any way to, or contributed to by my participation in the Ride.
This Release extends to any and all claims I now have or may have against the Released Parties, even if such claims result from negligence on the part of any or all of the Released Parties, or if it concerns the conditions, qualifications, instructions, rules or procedures under which the Ride is conducted or from any other cause, and I understand that I release and waive any rights I may at any time to bring a lawsuit or any other claim against the Released Parties, except for the willful or intentional misconduct of any of the Released Parties.
I hereby state that I am a licensed motorcycle operator or the passenger of a licensed motorcycle operator, that I am experienced in and familiar with the operation of motorcycles, that I am familiar with the laws and rules applicable to operating motorcycles in the state of Texas, and that I fully understand the risks and dangers inherent in motorcycling. I am voluntarily participating in the Ride and I expressly agree to assume the entire risk of any accidents or personal injury, including death, or any property damage which I or my spouse, relative, or dependent might suffer, or which I might cause, as a result of my participation in the Ride. I agree that I am participating in the Ride knowing the existing weather conditions, the existing road conditions and the condition of the motorcycle I will be operating in the Ride. In addition, I represent and state that I have no known physical or mental impairment that may affect my safety or the safety of others while participating in the Ride. I understand that the choice of wearing a helmet or other protective gear is solely my own and that I am responsible for my compliance with all state laws, including but not limited to the laws on registration of motorcycles, insurance requirements, and helmets. I certify that I am not under the influence of any narcotic, alcohol or other drug and/or medication that may impair my understanding or judgment and that I will not, at any time during the Ride, operate my motorcycle under the influence of any narcotic, alcohol or any drug and/or medication.
BY MAKING THIS PAYMENT, I HEREBY ACKNOWLEDGE AND AGREE THAT I, AND ANY PASSENGER RIDING WITH ME, HAVE FULLY READ THIS RELEASE AND WAIVER OF LIABILITY, THAT I FULLY UNDERSTAND IT, THAT I AM VOLUNTARILY GIVING UP CERTAIN LEGAL RIGHTS AND THAT I AM NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS OF THE RELEASED PARTIES OR ANY OTHER PERSON BEFORE SIGNING THIS RELEASE VIA MAKING A PAYMENT.