Please read the following agreement and click the button at the bottom of the page to accept:
PISTON & CHAIN INC
MEMBER AGREEMENT AND WAIVER AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS AND ASSUMPTION OF THE RISKS AGREEMENT.
This Member Agreement and Waiver and Release of Liability is entered into between the undersigned “Member” and Piston & Chain Inc, it’s directors, officers, employees, volunteers, members, agents, contractors, contracted entities and facilities and the owners and lessors thereof, hereinafter referred to as “Piston & Chain Inc” or collectively as “Releasees”). In consideration for the privilege of participation of the Member in Piston & Chain Inc activities, Member acknowledges and agrees as follows:
1. Participation in the activities of Piston & Chain Inc, including but not limited to motorcycle maintenance, repair, testing, travel, and social events (referred to herein as the “Activities”), can be HAZARDOUS AND PRESENT A DANGER TO MEMBER. Member believes he/she is qualified to participate in Activities, and if at any time the Member believes conditions to be unsafe, he/she will immediately discontinue further participation in the Activities.
2. Participation in Activities exposes Member to RISKS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH. Risks may arise out of contact and/or participation with other Members, motorcycles, equipment, facility and/or fixed objects, falls, collisions, and other mishaps; exposure to adverse weather conditions, flaws and defects in equipment and facilities and negligent maintenance. Risks may be caused by the Member’s own actions, or inaction, the actions or inaction of others Members, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASEES.” Some Risks cannot be predicted or controlled. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
3. Assumption of the Risks. I CONSENT TO PARTICIPATION IN THE ACTIVITIES AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of such participation.
4. Waiver and Release of Liability. In consideration for the privilege of the Member’s participation in the Activities, the undersigned hereby RELEASES, DISCHARGES, COVENANTS NOT TO SUE, AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASEES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorneys fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law suffered by the Member incurred on his/her account with respect to the Member’s personal injury and other injury or harm, disability, and/or death, or property damage, arising directly or indirectly from the Member’s participation in Activities, as caused or alleged to be caused in whole or in part by the Releasees or any of them, and further agrees that if, despite this release, the Member or any other person makes a claim on the Member’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE MEMBER, OR ANOTHER PERSON.
5. Governing Law, Venue and Jurisdiction: The undersigned understands and agrees that this document is intended to be as broad and inclusive as permitted under applicable law and shall be governed by California law. In the event of a dispute, the exclusive venue and jurisdiction for any lawsuit arising out of such dispute shall be the state court of San Francisco County, or the federal courts located in San Francisco, California.
6. Severability: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
THE UNDERSIGNED PARTICIPANT HEREBY CERTIFIES THAT HE/SHE HAS COMPLETELY READ AND UNDERSTOOD THIS AGREEMENT AND ITS TERMS, AND THAT PRIOR TO SIGNING THIS AGREEMENT, HE /SHE HAS HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT.
I AM AWARE, BY SIGNING THIS AGREEMENT I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE AGAINST RELEASEES.
By clicking here, you recognize that you have read, understood, and agree to all and every section of this Member Agreement and Waiver and Release of Liability (“Waiver”) and further, that by clicking here you legally execute such Waiver.