Participation in This Hold Harmless, Release and Image Release Agreement (“Agreement”) is entered into by and between you and The Women’s Motorcycle Project (collectively “TWMP”) and “Rider” or “you” as of the date first written below.
Thank you for participating in The Women’s Motorcycle Project. Participation in any motorcycle training requires physical stamina, motor coordination, and mental alertness. Safety is our primary concern, but despite our efforts to keep everyone safe, we cannot guarantee the safety of any individual who chooses to ride a motorcycle and/or scooter. Riding a motorcycle and/or scooter is a dangerous activity (collectively, the “Activities”) and may result in injury or death.
You are choosing to engage in the Activities of your own free will.
NOW, for good and valuable consideration, the receipt of which is acknowledged, the parties to this agreement agree as follows:
1. YOU ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITIES POSES A REAL AND SERIOUS RISK OF PERSONAL INJURY AND HARM TO
YOURSELF AND OTHERS, INCLUDING, WITHOUT LIMITATION, THE RISK OF DEATH AS A RESULT OF THE DANGEROUS NATURE OF THE ACTIVITIES.
2. You agree to hold TWMP harmless and to keep TWMP free, from any and all liability and claim for damages arising out of injury to persons and
property resulting from you engaging in the Activities contemplated under this agreement.
3. You, and your heirs expressly agree to hereby release and discharge forever, TWMP, its representatives, successors, assigns, agents, employees,
and heirs from any and all sums of money, accounts, claims, demands, contracts, actions, debts, controversies, agreements, damages and causes of
action whatsoever, of whatever kind or nature, whether known or unknown, or suspected or unsuspected, by you, or which you either now owns,
knows, holds, has or claims to have, or at any time heretofore owned, knew, held, had or claimed to have, including specifically, but not exclusively
and without limiting the generality of the foregoing, any and all claims, damages, demands and causes of action, known or unknown, suspected or
unsuspected by each of them,
- arising out of you engaging in the above referenced Activities,
- by reason of any matter or thing alleged or referred to, or directly or indirectly or in any way connected with any matters referred to herein,
4. We further agree as follows:
- There is a risk that subsequent to the execution of this agreement, you may incur or suffer loss, damage or injuries which are in some way caused by the matters referred to herein, but which are unknown and/or unanticipated at the time this agreement is executed.
- You hereby assume the above-mentioned risks and agree that this release shall apply to all unknown and/or unanticipated results of the matters referred to herein, as well as those known and/or anticipated, and upon advice ofncounsel, each party does hereby waive any and all rights under California Civil Code Section 1542, which section has been duly explained and reads as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor
or released party."
5. You further grant TWMP, its legal representatives and assigns, the absolute right and permission to copyright and use for any and all commercial
purposes, in any medium, now known or hereafter invented, throughout the universe, in perpetuity, photographic or video portraits or pictures of
you or in which you may be included, in whole or in part, or composites or other images, of any manner, shape, or form, including but not limited
to distortions, whether produced by standard photographic or video techniques or by computer, without restrictions as to changes or alterations or
inclusion in your database or another's, in conjunction with your own or no name, for any purpose whatsoever (hereinafter, the "Images"). You
hereby waive any right that you may have to inspect or approve the Images, their use, or any printed or audio matter that may be used in
connection therewith.
6. You acknowledge that TWMP or its designees shall own the copyright in the Images and is not obligated to use the Images.
7. You hereby further expressly release, discharge, and agree to hold TWMP harmless from any liability that may be incurred hereunder, including
but not limited to future use of the Images.
You have read the above agreement and understand that you are agreeing to, among other things, not bring an action of any kind against TWMP if
you are injured or killed while engaging in of the Activities and have granted TWMP permission to photograph or video record you during the
Activities, or in preparation for the Activities, or immediately following the Activities.
“Rider”