Music City Powerboat Association
RELEASE AND WAIVER OF LIABILITY
AND INDEMNITY AGREEMENT
IN
CONSIDERATION of having the opportunity to participate in any way in any Music
City Powerboat Association activity (“Activity”), I, for myself, my personal
representatives, assigns, heirs, and next of kin:
1.
ACKNOWLEDGE, agree, and
represent that I understand the nature of boating activities, both on water and
land, and that I am qualified, in good health, and in proper physical condition
to participate in such activity. I
further agree and warrant that if at any time I believe conditions to be
unsafe, I will immediately discontinue further participation in the Activity.
2.
With respect to any MCPA
sponsored Activities, HEREBY RELEASE AND DISCHARGE Music City Powerboat
Association, its directors, agents, officers, or volunteers, any sponsors, advertisers, and, if
applicable, owners and lessors of premises on which the Activities take place
(each considered a “RELEASEE”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR
DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE “RELEASEES” IN THE FURTHERANCE OF THEIR OFFICIAL DUTIES
RELATED TO SAID ACTIVITY; AND I FURTHER AGREE that if, despite this RELEASE AND
WAIVER OF LIABILITY AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a
claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS
EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss,
liability, damage, or cost which any may incur as the result of such a claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTANDING ITS TERMS AND HAVE
SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND
INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT
IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL
FORCE AND EFFECT.
THIS RELEASE IS NOT INTENDED TO RELEASE ANY INDIVIDUAL FOR DAMAGES
CAUSED BY THEIR NEGLIGENT OR INTENTIONAL ACTS AS A PARTICIPANT OR SPECTATOR AT
MCPA EVENTS OR ACTIVITIES.
SIGNATURE PRINTED
NAME DATE
______________________________________________
____________________________________________ _________
Member
______________________________________________
____________________________________________ _________
Witness