Waiver of Claims and Release of Liability - PSC Ride & Drive
Arising from the undersigned Participant’s (the “Participant”) Test Drive of AllenPerformance Resources, Inc., doing business as PSC MOTORSPORTS (“PSC”),Automotive Vehicle with Unique Steering Equipment on all forms of public, private, and other forms of roads (the “PSC Vehicle”).1
This Waiver of Claims and Release of Liability (the "Agreement") is entered into by the undersigned ("Participant") and ALLEN PERFORMANCE RESOURCES, INC., doing business as PSC MOTORSPORTS (“PSC” or "Company"), in consideration of theParticipant being permitted to test drive a PSC Vehicle equipped with unique PSCVehicle steering and related equipment ("PSC Vehicle").1 Participant acknowledges that test driving the PSC Vehicle involves inherent risks, including but not limited to, accidents, collisions, mechanical failures, and other unforeseen events that may result in property damage, personal injury, or death.
2. Assumption of Risk
Participant voluntarily assumes all risks associated with the test drive of the PSCVehicle. Participant understands and agrees to take full responsibility for Participant’s actions and the consequences thereof during the test drive of the PSC Vehicle.
3. Waiver of Claims
Participant hereby waives, releases, and discharges any and all claims, demands, rights, and causes of action against PSC and its officers, directors, employees, agents, representatives, insurers, successors, and assigns, arising out of or related to the test drive of the PSC Vehicle, including but not limited to, claims for property damage, personal injury, or death.
4. Release of Liability
Participant agrees to release PSC from any and all liability for any loss, damage, injury, or death that may occur as a result of the test drive of the PSC Vehicle. This release applies to any and all claims, whether known or unknown, foreseen or unforeseen, thatParticipant may have against PSC.
5. Indemnification
Participant agrees to indemnify, defend, and hold harmless PSC from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees)arising out of or related to Participant's actions during the PSC Vehicle test drive or any breach of this Agreement.
6. Medical Condition
Participant represents and warrants that Participant does not have any medical condition that would impair Participant’s ability to safely operate the Vehicle. Participant agrees to notify PSC of any changes to Participant’s medical condition that may affectParticipant’s ability to safely operate the PSC Vehicle.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Tarrant County, Texas, United States of America, without regard to its conflict of laws principles.
8. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedesall prior or contemporaneous understandings, agreements, representations, andwarranties, whether oral or written, with respect to the subject matter hereof.
10. Signature
By signing below, Participant acknowledges that Participant has read, understood, and agreed to the terms of this Waiver of Claims and Release of Liability.
Confirmation
BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.
1 PSC Motorsports Vehicle (the “PSC Vehicle) that will be dated 2018-2025 FordF450/F550 Super-Duty 4WD DDS® Steering System. PSC VEHICLE also includes all makes and models of the Jeep released by Stellantix, a multinational company.
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