Sea-Doo Social Club

COMPREHENSIVE LIABILITY RELEASE, INDEMNIFICATION, AND MEDIA CONSENT AGREEMENT

Cycle Springs Powersports / Dimmitt Automotive Group and its Subsidiaries

In consideration for being permitted to participate in any event, activity, or presence on the premises of Cycle Springs Powersports, Dimmitt Automotive Group, and/or any of their subsidiaries, affiliates, manufacturer partners, authorized dealers, officers, directors, agents, employees, or assigns (collectively referred to as “DAG”), the undersigned participant (“RELEASOR”), individually and on behalf of all accompanying minor children, agrees as follows:

1. Acknowledgment of Risk and Voluntary Participation

RELEASOR acknowledges that participation in DAG events may involve activities that are inherently dangerous, including but not limited to test drives, off-road demonstrations, marine or Powersports activations, on-road test drives, rallies, etc., and recreational or performance-based events.  RELEASOR understands the risks of personal injury, property damage, or death and voluntarily assumes full responsibility for such risks, whether foreseen or unforeseen.

RELEASOR certifies that they (and any minor children under their care):

•               Are in good health and physically able to participate.

•               Are not under the influence of alcohol, illegal drugs, or any legal medication that impairs their ability to participate safely.

•               Will comply with all safety instructions, laws, rules, and directions of DAG representatives.

•               Will immediately cease participation in any activity they believe to be unsafe.

2. Release and Waiver of Liability

RELEASOR hereby releases, waives, discharges, and covenants not to sue DAG or its RELEASEES from any and all claims, liabilities, damages, or causes of action arising out of or related to personal injury, illness, disability, death, property damage, or any other loss, whether caused by negligence, gross negligence, or otherwise, and regardless of whether occurring on or off DAG property or during any DAG-sponsored activity.

This release applies to all claims known and unknown, foreseen and unforeseen, occurring from the date of execution forward, including claims arising out of emergency medical treatment, first aid, or healthcare rendered during or after the event.

3. Indemnification

RELEASOR agrees to indemnify, defend, and hold harmless DAG and its RELEASEES from any loss, liability, damages, costs (including attorney’s fees), or claims brought by any third party arising out of RELEASOR’s conduct, misrepresentations, breach of this agreement, or participation in any DAG event or activity.

This includes any claims brought on behalf of minor children accompanying RELEASOR, whether participating in the activity or not.

4. Media Release

RELEASOR grants DAG the right to photograph, film, record, or otherwise capture their likeness and/or voice, as well as that of any accompanying minors, during any DAG-related event.  RELEASOR waives all rights to inspect, approve, or receive compensation for the use of such content, and irrevocably grants DAG the unrestricted right to use, reproduce, edit, distribute, and display such content in any format or medium (print, digital, social, promotional, commercial, or otherwise), now and in the future.

All rights, title, and interest in such materials shall belong exclusively to DAG.

5. Miscellaneous Provisions

•               This agreement is intended to be as broad and inclusive as permitted under Florida law. If any portion is found unenforceable, the remaining provisions shall continue in full force and effect.

•               This agreement shall be governed by the laws of the State of Florida, and venue shall lie exclusively in a court of competent jurisdiction located therein.

•               This is a continuing release and indemnity agreement that remains in effect for all future participation unless expressly revoked in writing by RELEASOR.

I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT.  I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.

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