VOLUNTARY WAIVER, CONSENT, RELEASE, AND HOLD HARMLESS AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. DO NOT SIGN THIS AGREEMENT UNLESS YOU AGREE TO THESE TERMS. RIDING IS VOLUNTARY & YOU ARE NOT REQUIRED TO PARTICIPATE.
1. In consideration for being allowed to rent, drive, ride in and/or utilize a vehicle pursuant to the accompanying Rental Agreement (the “Rental Opportunity”), I agree to assume all risks, waive all claims, release all liability, and defend and hold SLINGSHOTTAZ, LLC (“Operator”) and Polaris Industries Inc. (“Polaris”), and their directors, officers, agents, affiliates, subsidiaries and parent companies, harmless to the fullest extent allowed by law.
2. I ACKNOWLEDGE AND AGREE THAT:
3. I AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW ANY AND ALL CLAIMS OF ANY KIND that I have or may in the future have relating to the Rental Opportunity, whether directly or by subrogation or otherwise, against the Operator, Polaris, any Polaris dealership(s), industry association(s), and/or any of their directors, officers, subsidiaries, affiliates, employees, agents, successors or assigns, (collectively, “Rental Opportunity Sponsors”).
4. I AGREE TO RELEASE THE RENTAL OPPORTUNITY SPONSORS FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury (including death) that I or my next of kin or passenger may incur resulting from my participation in the Rental Opportunity. I understand that this waiver and release does not extend to intentionally wrongful acts on the part of the Rental Opportunity Sponsors.
5. I EXPRESSLY WAIVE ANY BENEFITS I MAY HAVE UNDER FLORIDA CODE, or any other law, that provides that a general release does not extend to claims which I do not know of or suspect exist, which if known by me may have materially affected my decision to sign this agreement.
6. I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE RENTAL OPPORTUNITY SPONSORS from and against any and all liability for any claim or loss, including personal injury, death, property loss, attorney fees, and litigation costs resulting from my participation in the Rental Opportunity.
7. I AGREE AND UNDERSTAND that, on behalf of myself, my personal representatives and my heirs, I AM RELINQUISHING ANY AND ALL RIGHTS I NOW HAVE OR MAY HAVE IN THE FUTURE TO SUE the Rental Opportunity Sponsors for any and all injury, damage, or death I may suffer arising from vehicle riding or its equipment, or participation in the Rental Opportunity, including claims based on the Rental Opportunity Sponsor’s negligence.
8. I HEREBY GRANT to the Rental Opportunity Sponsors, and those acting with their authority, the unrestricted, perpetual, worldwide right and LICENSE TO USE MY NAME, PHOTOGRAPH, LIKENESS, and any photograph, video or audio tape that may be taken of me or that includes such materials without further compensation or notice to or permission from me or any third party.
9. THIS AGREEMENT SHALL BE GOVERNED BY FLORIDA LAW, without regard to its choice of law rules. Any dispute or claim relating to this Agreement or the Rental Opportunity shall be finally resolved by binding arbitration under the United States Arbitration Act in the state of Florida.