RIDE & DRIVE TEST-DRIVE PARTICIPANT CONSENT AGREEMENT & WAIVER
Notice – While riding in or operating vehicles: Follow all instructions and directions of staff, manufacturers, volunteer vehicle owners, and their agents and stay on the set course.
I understand that my participation in this EV Test Drive and/or E-bike Test Ride Event is subject to the conditions in this Agreement.
Insurance Responsibility: I acknowledge that my personal auto insurance is primary and will be used in the Event of any incident or accident during the test drive.
Test Drive Supervision: I agree that test drives of volunteer-owned vehicles will be conducted only with the owner present in the vehicle at all times.
No Representations: None of the sponsors have made any representations to me about the condition of the vehicles or the premises where I will be participating in these activities.
Assumption of Risk and Release of Liability: On behalf of myself and/or minor child (if applicable), I accept the risks, dangers and hazards presented by participating in this Event. I acknowledge and accept all risk of harm known and unknown, and risk of injury to myself, my minor child, as well as damage to property and even death, which may result from participating in this Event. On behalf of myself, my minor child, legal representatives, heirs, and assigns I hereby release Ecology Action, Pajaro Valley Arts, the City of Watsonville, CARB, Electrify America, their respective officials, officers, directors, employees and agents; vehicle manufacturers, vehicle dealerships and providers, owners, lessees or lessors, and their respective employees, officers, directors, affiliates, members, shareholders, and agents (“Sponsors”) from and against any and all claims, demands, losses, damages or liability of any kind or nature which may arise out of participation in this activity.
Indemnification: I agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Sponsors from and against all claims, causes of action, liabilities, and damages for injuries to persons and property, including costs of defense and reasonable attorney fees, arising from my participation in this Event; provided, however, that I shall not have any obligation to indemnify, defend, or hold harmless for any claims arising from the sole and active negligence or willful misconduct of the Sponsors.