Release and Waiver of Liability Form

WAIVER AND INDEMNIFICATION AGREEMENT – (the “Agreement”) is made this by and between the undersigned (the “Participant”), on behalf of themselves, their heirs, agents, and assigns, and the Organizers and Planners of the rides sponsored by HOG Winter Round Up, the date of such ride is listed below.

Who is Covered by this Waiver:  The Participant acknowledges that various people and organizations have participated in organizing, planning, and sponsoring the Event. This includes any person or organization that has promoted the Event, has participated in the planning of the Event, has participated in the selection of the route or itinerary of the Event, has provided logistical support for the Event, or has provided monetary or other sponsorship for the Event or any of its participants. This group of people and organizations shall be referred to as the “Organizers, Planners, and Sponsors”. This group also includes any person or organization who may be vicariously liable for an Organizer, Planner, or Sponsor or may be vicariously liable for claims arising out of any participant’s participation in the Event. The group expressly includes HOG Winter Roundup.  This group also includes the principals, employees, agents, and representatives of the Organizers, Planners, and Sponsors.

Non-Exhaustive List of Risks: The Participant fully acknowledges and understands the inherent risks involved in motorcycling and motorcycling in groups, including the risks of vehicle failure, negligence of other motorcyclists and drivers, and the potential for motorcyclist error leading to serious injury or death; The Participate fully acknowledges the risks involved in the Event specifically. As a non-exhaustive list, this includes the risk of colliding with another motorcyclist or other vehicle, of another rider or driver causing the Participant to lose control of Participant’s vehicle, of crime along the trip when traveling or staying in less safe areas, of road hazards, of ineffective or improper route planning, of vehicle failure of the other motorcycles or support vehicles in the Event, or participants or people in the support vehicle failing to render aid, or rendering aid in a negligent manner, and so forth. The Participant understands that it is possible that a participant, including Participant, may have a health problem or mechanical deficiency or may be an unsafe rider. The Participant acknowledges and understands that such risks may lead to serious injury or death. The Participant acknowledges that he or she has had the opportunity to learn about the route and itinerary of the Event and that it is the Participant’s responsibility to review the route for safety. The Participant represents that he or she is an experienced rider and as an experienced rider, is familiar with the risks of riding and riding in groups. The Participant expressly represents that the Participant is qualified to ride and has motorcycle insurance that will cover the Participant’s negligence.

The Participant expressly represents that the Participant is fit to ride and that Participant’s motorcycle is mechanically sound. Participant acknowledges that the Organizers, Planners, and Sponsors have no obligation to ensure that Participant or any participant is fit to ride or that Participant’s or participants’ motorcycles are mechanically sound. Participant takes full responsibly for Participant’s own health and fitness and takes full responsibility to maintain Participant’s vehicle throughout the Event. Participant agrees that any Organizer, Planner, or Sponsor or other participant who helps Participant during the Event is not assuming a responsibility that Organizer, Planner, or Sponsor or other participant did not have before helping the Participant. This includes, but is not limited to, assistance with things like Participant’s health or mechanical fitness of Participant’s vehicle or the health or vehicle fitness or other participants.

In consideration for being allowed to participate in the Event, the Participant agrees to the following terms.

The Participant agrees that the Organizers, Planners, and Sponsors have no duty to ensure the participants or their vehicles are fit to participate in Event.

WAIVER: The Participant, for themselves, their heirs, personal representatives, and assigns, hereby releases, waives, and discharges the Organizers, Planners, and Sponsors of the Event and their respective principals, agents, and representatives from any and all liability, including any and all claims, demands, causes of action, damages, and costs that may arise in any way from any injury, death, or other damages to them, their family, estate, heirs, or assigns, related to any events or occurrences that may occur during or in relation to the Event including any injury, death, or other damages caused by the negligence of the Organizers, Planners, or Sponsors. This includes but is not limited waiver of claims of negligent hiring, retention, and supervision, and claims of negligent entrustment of a vehicle.

INDEMNIFICATION: The Participant agrees to indemnify, defend, and hold harmless the Organizers, Planners, and Sponsors of the Event and their respective principals, employees, agents, and representatives from any and all claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Participant’s participation in the Event, including, but not limited to, those alleging the negligence of the Participant or any of the Organizers, Planners, or Sponsors of the Event. This duty to indemnify, defend, and hold harmless includes indemnifying, defending, and holding harmless the Organizers, Planners, and Sponsors of the Event and their respective principals, employees, agents, and representatives for their own negligence.

LIMITED EXCEPTION TO WAIVER AND INDEMNIFICATION: Notwithstanding the Waiver and Indemnification provisions in this Agreement, the Participant will be allowed to make a claim against any other participant’s motor vehicle insurance for damage or injuries caused by that other participant’s negligence in operating a vehicle. The limited exception applies only to claims against another participant and does not apply to claims for vicarious liability or claims against another participant for that other participant’s role as an Organizer, Planner, or Sponsor of the Event.

ACKNOWLEDGEMENT OF RISKS: The Participant acknowledges that they have had the opportunity to familiarize themselves with the route and schedule of the Event and the associated risks. The Participant acknowledges that they understand these risks and assume all responsibility for such risks.

MEDIA RELEASE CLAUSE – EVENT PHOTOGRAPHY AND FILMING: By participating in the Event, the Participant acknowledges and grants permission to the Event Organizers, Planners, and Sponsors to capture, photograph, record, film, or otherwise document the Participant’s likeness, image, voice, or performance (“Media Content”). The Participant consents to the use, reproduction, distribution, display, publication, and adaptation of the Media Content by the Event Organizer, Planners, and Sponsors, for promotional, marketing, advertising, or any other lawful purposes, without any additional compensation or further authorization required. The Participant understands that the Media Content may be disseminated through various channels, including but not limited to, print media, digital media, social media platforms, websites, television, radio, or any other medium now known or developed in the future. The Participant acknowledges that once the Media Content is disclosed or published, it may be accessed, copied, and disseminated by third parties over whom the Organizers, Planners, and Sponsors have no control, and releases the Organizers, Planners, and Sponsors from any liability arising from such access, copying, or dissemination. The Participant waives any claims or causes of action against Organizers, Planners, and Sponsors arising out of the unauthorized access, use, or disclosure of personal information by third parties. This release is irrevocable and cannot be withdrawn once the Media Content is captured and used by the Organizers, Planners, and Sponsors. The Participant may request, in writing, that the Organizers, Planners, and Sponsors to discontinue or cease using specific Media Content, and the Organizers, Planners, and Sponsors will make reasonable efforts to comply with such requests. The Participant agrees to indemnify and hold the Event Organizer, its employees, agents, or representatives harmless from any claims, liabilities, damages, costs, or expenses arising out of or in connection with the use, reproduction, distribution, or display of the Media Content as authorized under this Clause.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada, without regard to its conflict of laws principles.

SEVERABILITY: If any provision of this Agreement is found to be unenforceable, such provision will be deemed void, but will not affect the remaining provisions of the Agreement, which shall remain in full force and effect.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Participant and the Organizers with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

IN WITNESS WHEREOF, the Participant has executed this Waiver and Indemnification Agreement as of the date first above written.