Toys for Tots Rally

In consideration of, and as a condition to being permitted to participate in the Dimmitt Automotive Group Toys for Tots Event (the "Event"), the undersigned ("Driver") for himself/herself, his/her personal representatives, heirs and next of kin, acknowledges, represents and agrees as follows:

1. Driver Representations: Driver represents and warrants that he/she:
   1. is 21 years of age or older and possesses a currently valid driver's license;
   2. can see and hear well enough to operate a motor vehicle properly and safely on public roadways and in off-roadway driving and is wearing any eye wear or hearing apparatus if either/both are required to operate a motor vehicle properly and safely;
   3. will operate the vehicle in a safe manner, observing all traffic laws while on public streets and off-road driving guidelines provided while driving off-road;
   4. will properly wear seat belts while in a vehicle in operation, and will at all times follow the instructions, recommendations and cautions of the representatives of Dimmitt Automotive Group, Inc. its employees, agents, third party contractors and authorized dealership personnel;
   5. will not be under the influence of any alcohol or illegal drug: f) will not be under the influence of any legal drug which would impair his/her driving ability or to understand or comply with oral or written directions regarding the use of a vehicle, and does not have any physical condition which would impair his or her driving ability to operate the vehicle, nor does Driver have any physical condition which would make participation in a performance drive test an undue risk to Driver, other vehicle occupants or vehicle.
2. The Driver hereby acknowledges and agrees as follows:
   1. he/she is duly aware of the risks and hazards inherent in participating in any on-road and/or off-road capability demonstrations making up the Event and hereby elects to participate and voluntarily assumes all risk of loss, danger or injury, including death, that may be sustained by he/she or any loss or damage to any of her/his property. The driver further agrees and warrants that if at any time she/he is participating in any portion of the Event which she/he deems or believes to be unsafe, that he/she will immediately advise the officials or operators of the Event of such and will leave the area and discontinue participation in that portion of the Event which he/she considers to be unsafe. Driver expressly acknowledges and agrees that the activities included in participating in the Event are dangerous and involve risk of serious injury and/or death and/or property damage.
   2. That he/she will only be permitted to participate in the Event if representatives of Dimmitt Automotive Group and/or their contractors determine in their sole discretion that Driver is in compliance with Event guidelines and the representatives' instructions, and is not engaging in any activity which presents any additional danger to herself/himself or others participating in the Event.
   3. That he/she is aware that in connection with the Event, Dimmitt Automotive Group may make video and/or audio recordings of Driver and other participants in the Event (the "Videotape"). Driver agrees to relinquish all rights, if any, that he/she may have related to and/or associated with the videotape and acknowledges and agrees that all rights appertaining thereto, including any right, title and interest in or to any present or future copyrights related to the Videotape or any derivative works, as well as any still photos, audiotapes, advertisements, releases, or derivations associated with or related to the Videotape and the Event, shall belong exclusively and unconditionally to and its successors and assigns without payment of any royalties, compensation, fees or consideration of any kind above and beyond the consideration described in the Waiver and Release. Dimmitt Automotive Group shall, now and forever, have the exclusive right, title, and interest to use, edit, display, reproduce, sell, distribute, or otherwise disseminate the Videotape and any derivative works for any commercial or promotional or other purposes and in any manner that Dimmitt Automotive Group desires.
3. Release by Driver: Driver hereby releases, waives, and discharges all claims and potential claims against, and covenants not to sue Dimmitt Automotive Group, any of its subsidiaries, parents, affiliated entities, authorized dealers or any of its officers, employees and agents (the "Releasees") and facilities with respect to any damages, injuries or losses of any kind to the Driver or any vehicle or any property damage or loss to any other party arising in connection with the Driver's participation in this program of the Driver's operation or use of the vehicle whether caused by negligence of Releasees or otherwise, except for damages, injuries or losses arising directly from the gross negligence of the Releasees.
4. Miscellaneous: Driver acknowledges that this Agreement and Releases is given in exchange for good and valuable consideration. This Agreement shall be governed by the laws of the State of Florida. Ambiguities herein shall not be construed against the drafter. Driver further expressly agrees that the foregoing release and waiver is intended to be as broad and inclusive as is permitted by applicable law, and, if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT AND VOLUNTARILY SIGN IT, AND FURTHER ACKNOWLEDGE AND AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS, APART FROM THE FOREGOING, HAVE BEEN MADE, AND THAT I HAVE BEEN OFFERED THE OPPORTUNITY NOT TO PARTICIPATE IN THE PROGRAM IF I DO NOT AGREE.