LIABILITY WAIVER AND RELEASE

To test drive one of our electric tractors, please fill in the required fields and e-sign at the bottom.

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LIABILITY WAIVER AND RELEASE AGREEMENT
    Releasor, the undersigned (“RELEASOR”), has read, understands, acknowledges, and freely and voluntarily enters into, this Liability Waiver and Release (the “Release”). RELEASOR understands that this Release is a waiver, release, and discharge of any and all liability against Solectrac, Inc., and their employees and agents (collectively, “RELEASEES”) that may arise in connection with RELEASOR’s presence on or around the property, including the warehouse and demonstration facilities, located at [5600 Earhart Ct, Windsor, CA] (the “Property”) and RELEASOR’s operation of any tractor and/or other machinery or equipment on or around the Property.

   RELEASOR understands and acknowledges that there are inherent risks involved when operating any heavy machinery or equipment, specifically in driving a tractor (collectively, the “Activities”). Inherent risks that may arise in connection with the Activities include, but are not limited to:

• Property damage or loss from any event, mishap, accident, loss, damage or injury suffered in connection with the performance of the Activities;

• Minor injuries such as scratches, scrapes, lacerations, bruises, and sprains;

• Major injuries such as eye injury or loss of sight, joint or back injuries, broken bones, heart attacks, or concussions;

• Severe injuries that may result in paralysis or death; or
• The potential that another person onsite will act in a negligent manner that may contribute to illness, injury, death or damage to personal property.

   Understanding the risks involved in the Activities, RELEASOR voluntarily chooses to participate in the Activities on the Property and expressly assumes the associated risks, including the risk of illness, injury, death, or property damage, whether caused by the negligence of the RELEASEES or any independent contractor hired by the RELEASEES (the “Representatives”) or any other cause. RELEASOR represents and warrants that RELEASOR is in good physical condition and is able to engage in the Activities without compromising RELEASOR’s state of health. RELEASOR agrees to use good judgment and will abide by all safety requirements of REALEASOR (including, without limitation, wearing a seat belt and operating tractors at a reasonable speed) while engaging in the Activities and will engage in the Activities at RELEASOR’s own risk. RELEASOR accepts full and complete responsibility for the safety of his or herself, any guests or observers accompanying him or her or present at his or her invitation, and his or her personal property. Further, RELEASOR assumes the risk of any and all damage to persons or property caused by his or her intentional or negligent actions.

   In consideration for RELEASOR being permitted to enter the Property for RELEASOR’S benefit, RELEASOR hereby agrees to hold harmless, indemnify and release RELEASEES and the Representatives from any and all claims, actions, demands, rights, causes of action, liabilities or responsibilities arising out of RELEASEES’ operations or in relation to the Property, including liability for accident(s), theft, damage, illness, injury or death to: (i) RELEASOR; (ii) any third party invited by or accompanying RELEASOR to the Property; or (iii) personal property owned by RELEASOR or under RELEASOR’S jurisdiction. RELEASOR further agrees that except in the event of RELEASEES’ willful and intentional injury to RELEASOR or gross and willful negligence, RELEASOR shall bring no claims, demands, actions or causes of action, or initiate litigation against RELEASEES, including those for any economic and/or non-economic losses due to illness, bodily injury, death, and/or property damage sustained by RELEASOR arising directly or indirectly out of RELEASOR’S performance of the Activities. 

   RELEASOR assumes the risk that he or she may suffer damages in the future which he or she does not now anticipate or suspect may occur as a result of any matter referred to herein and expressly waives all rights under Section 1542 of the Civil Code of California which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

   RELEASOR and RELEASEES agree that any disputes asserted directly or indirectly against RELEASEES by RELEASOR relating to RELEASEES’ operations or in relation to the Property will be determined by submission to binding arbitration in accordance with the then-current rules of the Judicial Arbitration and Mediation Services (“JAMS”), and not by lawsuit or other court process. This includes disputes related to whether any claims are subject to arbitration, disputes regarding the scope of this Release, claims against any Representatives that are subject to this Release, and arbitration of claims against RELEASEES that there have been any wrongful acts or omissions by RELEASEES, intentional or otherwise. Binding arbitration, brought pursuant to this provision, shall be conducted in Santa Clara County in accordance with accordance with the applicable JAMS Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall pay its own costs for the arbitration including, but not limited to, arbitrator or adjudication fees, attorneys’ fees, witness fees, expert fees, transcripts, and other expenses, provided that RELEASOR will not be required to pay any type or amount of expense that would invalidate this arbitration provision or would be otherwise contrary to the law as it exists at the time of the arbitration. The prevailing party in any arbitration shall be entitled to recover its reasonable attorneys’ fees and costs where authorized by contract or statute. The decision of the arbitrator may be entered in any court having jurisdiction in such matters. By signing this Release the parties are agreeing to have any issue or claim arising out RELEASEES’ operations or in relation to the Property decided by neutral arbitration and are giving up any right to a jury or court trial.

   It is RELEASOR’s express intent that this Release shall bind the members of RELEASOR’s family and spouse, if RELEASOR is alive, and RELEASOR’s heirs, assigns and personal representatives, if RELEASOR is deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue RELEASEES and the Representatives.

   The terms of this Release shall be construed as the entire agreement and may not be altered, amended, or modified except in a writing signed by RELEASOR and RELEASEES. The terms of this Release shall be governed by the laws of the State of California.

   RELEASOR agrees that if any portion of this Release is determined to be invalid, illegal or unenforceable, that portion shall be severable, and the validity, legality and enforceability of the balance of this Release shall not be affected or impaired in any way and shall continue in full force and effect.

   RELEASOR agrees that he/she has been given sufficient time to read, understand, and ask questions, if any, concerning the nature and scope of this Release and understands that RELEASOR is giving up substantial rights, including the right to sue. RELEASOR acknowledges that this agreement is being signed freely, voluntarily, and without duress and RELEASOR intends the signature below to be a complete and unconditional release of all liability to the greatest extent allowed by law. Where RELEASOR is a minor, this Release has been signed by a parent or guardian of the minor and the parent or guardian agrees to be bound by the provisions of the Release and hereby indemnifies the RELEASEES and the Representatives in any claim made on behalf of the minor described above (subject to the exclusions of gross negligence and willful actions also described above).
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Electronic Signature: Releasor agrees and understands that by signing this electronic signature, all electronic signatures herein are the legal equivalent of Releasor's manual/handwritten signature and Releasor consents to be legally bound to this agreement.
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