E&W Boggs LLC dba Higbee Truck Show

For the right to participate in any of the services or activities at E&W Boggs LLC dba Higbee Truck Show premises (the "PREMISES"), including, but not limited to, any event and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on its behalf (collectively E&W BOGGS LLC dba Higbee Truck Show, and I, on behalf of myself, and my spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, if any ("My People"), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participatingI will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and in physical condition to participate in the ACTIVITIES that Higbee Truck Show provides; (d) that during the ACTIVITIES neither I nor My People will be under the influence of alcohol or any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; and (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether we are sufficiently fit and healthy enough to participate in ACTIVITIES; (i) that we are familiar with and will abide by the rules established for the ACTIVITIES, which include without limitation the rules posted at the PREMISES or the related website; (j we accept sole responsibility for our own conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the equipment.

I acknowledge that I and/or my spouse have full authority as parent or legal guardian to bind the minor participant to this release and agreement ("AGREEMENT" On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), Higbee Truck Show while on the PREMISES; (b) voluntarily assume all such risks; Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on the PREMISES, on behalf of myself and My People I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue E&W BOGGS LLC dba Higbee Truck Show and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by E&W BOGGS LLC dba Higbee Truck Show while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or My People. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of E&W BOGGS LLC dba Higbee Truck Show

I understand that the known and unknown risks may be caused in whole or in part by the actions or inactions of myself or My People, or by the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of E&W BOGGS LLC dba Higbee Truck Show, and in consideration of being allowed, along with My People to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself and My People while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, including any such loss due to the sole or partial negligence of E&W BOGGS LLC dba Higbee Truck Show and all E&W BOGGS LLC dba Higbee Truck Show from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by E&W BOGGS LLC dba Higbee Truck Show as a result of any claims asserted by me or My People against E&W BOGGS LLC dba Higbee Truck Show including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments E&W BOGGS LLC dba Higbee Truck Show incurs in the event of such loss whether caused by the negligence of E&W BOGGS LLC dba Higbee Truck Show and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless E&W BOGGS LLC dba Higbee Truck Show for any injury, damage and/or harm that I or My People cause to E&W BOGGS LLC dba Higbee Truck Show or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of E&W BOGGS LLC dba Higbee Truck Show

 I, on behalf of myself and My People, agree that E&W BOGGS LLC dba Higbee Truck Show is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not E&W BOGGS LLC dba Higbee Truck Show was negligent.

To the extent permitted by law, I promise to indemnify and pay E&W BOGGS LLC dba Higbee Truck Show for any attorneys' fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.

By entering the PREMISES, on behalf of myself and My People I hereby grant to E&W BOGGS LLC dba Higbee Truck Show the irrevocable right and permission to photograph and/or record us on the PREMISES and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself and My People, waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.

Please read our privacy policy E&W BOGGS LLC dba Higbee Truck Show www.higbee-truck-show.com for information about how E&W BOGGS LLC dba Higbee Truck Show collects, uses, and discloses information about you.

I understand that this AGREEMENT extends forever into the future and will have full force and legal effect each and every time I or My People visit the PREMISES, whether at the current location or any other E&W BOGGS LLC dba Higbee Truck Show location or facility, including, or any of its subsidiary or affiliates' locations or facilities. I agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 If a dispute arises out of or relates to this AGREEMENT and/or E&W BOGGS LLC dba Higbee Truck Show and/or any ACTIVITIES and/or an incident that occurs while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by E&W BOGGS LLC dba Higbee Truck Show SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the "AAA") under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the E&W BOGGS LLC dba Higbee Truck Show is located. In- person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which E&W BOGGS LLC dba Higbee Truck Show is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this AGREEMENT, the participation in any on-site ACTIVITIES and/or while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by E&W BOGGS LLC dba Higbee Truck Show SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA's website at http://www.adr.org. The scope of this AGREEMENT is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this AGREEMENT. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the county/parish and state in which the E&W BOGGS LLC dba Higbee Truck Show is located that are within the scope of the small claims' or district court's jurisdiction. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against E&W BOGGS LLC dba Higbee Truck Show shall be in the county/parish and state in which the PREMISES are is located. It is further agreed that the substantive law of the State in which the E&W BOGGS LLC dba Higbee Truck Show is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against E&W BOGGS LLC dba Higbee Truck Show on the basis of any claim from which I have released E&W BOGGS LLC dba Higbee Truck Show and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless E&W BOGGS LLC dba Higbee Truck Show from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by E&W BOGGS LLC dba Higbee Truck Show as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against E&W BOGGS LLC dba Higbee Truck Show related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

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