1.              By signing this Waiver and Release of Liability (Agreement), I hereby waive and release “Classic Green” (collectively encompassing CLASSIC GREEN CLUB, INC., Washington County, WI, as their interests may appear and all related entities with ownership or other interests in any utilized assets), its their agents, directors, officers, managers, members, servants, employees, insurers, successors, assigns and anyone acting by or on behalf of the foregoing from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including but not limited to losses, demands or claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence or involvement at the facility Washington County Fair Park and Conference Center or relating to or arising out of the storage, use or operation of a motorized Auxiliary Vehicles (collectively “AVs” which includes but is not limited to, Golf Carts, service carts, utility vehicles, ATVs and other four-wheeled vehicles not typically licensed for road use) in connection with Classic Green, including but not limited to any breach of this Agreement.

This waiver and release are intended to (and does) release Classic Green from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Classic Green. This is not intended to release Classic Green from any liability resulting from their sole negligence or that of its members and/or representatives. I further covenant and agree not to institute any claims or legal action against Classic Green for any claim released by this Agreement, up to and including death.

2.              I further agree that should any claim be made against Classic Green in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend, indemnify, and hold Classic Green harmless for any such claim and expenses including attorney’s fees and costs incurred by Classic Green in defending itself or security indemnity hereunder.

3.              I further acknowledge that the use of AVs not typically licensed for road use and is not automatically covered through unendorsed or standard insurance coverages, and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, acts of God, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, pedestrians, vendors, event officials and/or producers of the event.

These risks are not only inherent to use of such motorized equipment but are also present for volunteers. I hereby assume all risks of use of such equipment in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released from dangerous or defective equipment or property owned, maintained, or controlled by them or because of their possible liability without fault. I certify that I am physically able, have sufficient experience for driving using such motorized equipment and have not been advised otherwise by a qualified medical person. I acknowledge that Classic Green, by providing this privilege, is in no way endorsing the use or operation of an AV and does not and will not assume any liability relating to the operation thereof.

4.              I further acknowledge that I am the authorized driver of this vehicle, and even though other drivers may be approved and authorized for driving by facility or event officials, I am ultimately liable and may solely be held responsible for other’s conduct, actions and negligence while operating this vehicle. It is my responsibility to secure this vehicle so that only Classic Green event authorized drivers can access it. The undersigned is fully responsible for the operation of any AV he or she operates in connection with said party’s event and assumes all liability relating to such AV operation, including sole responsibility and liability for any claims, losses or damages asserted by guests, passengers, event attendees, or any other persons.

5.              I acknowledge that this Waiver and Release of Liability form will be used by the event holders, sponsors, and organizers of the event in which I may participate, and that it will govern my actions and responsibilities at said events. I acknowledge that it is my responsibility and obligation to acquire and read any and all applicable Rules and Regulations regarding the use of AVs at the aforementioned facilities and premises and be bound by such terms therein. Further, I have read the Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to bring legal action against Classic Green for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Classic Green, will void, and terminate this Agreement and may result in loss of the ability to use the facility.

This Waiver and Release of Liability Form is a guideline. It does not address potential compliance issues with federal, state or local law, and it is not meant to be exhaustive or construed as legal advice. The contents of this waiver, and the extent of its effectiveness in court, may be affected by state law. Consult your licensed commercial property and casualty representative at Ryder Rosacker McCue & Huston or legal counsel to address possible compliance requirements. ©2013 Zywave, Inc. All rights reserved.

I am signing this Agreement freely, voluntarily, and competently and am at least eighteen (18) years of age.

 

Name (please print)______________________________________________________________________________________

Signature _______________________________________________________________        Date _______________________

Additional Parties using the AV must also agree to the terms. Either they must also sign, or I also am signing on behalf of all permissive: Any for whom I am not authorized to sign for should not drive.[MBS1] 

 

Rules and Regulations:

¾    Must have a valid driver’s license to operate.

¾    I have liability insurance to cover my operation[MBS2] .

¾    I will drive at a safe speed.

¾    I will abide by all direction from law enforcement, grounds personnel, or show representatives.

 

Owner

Name (please print)______________________________________________________________________________________

 

 

Signature _______________________________________________________________        Date _______________________

 

 

Additional drivers

 

Name (please print)______________________________________________________________________________________

 

 

Signature _______________________________________________________________        Date _______________________

 

 

Name (please print)______________________________________________________________________________________

 

 

Signature _______________________________________________________________        Date _______________________

 

 

Name (please print)______________________________________________________________________________________

 

 

Signature _______________________________________________________________        Date _______________________

 

 

Name (please print)______________________________________________________________________________________

 

 

Signature _______________________________________________________________        Date _______________________

 

 

Name (please print)______________________________________________________________________________________

 

 

Signature _______________________________________________________________        Date _______________________