RELEASE OF LIABILITY AND WAIVER OF RIGHTS
BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE INEOS AUTOMOTIVE AMERICAS, LLC , A DELAWARE LIMITED LIABILITY COMPANY (“INEOS”), AND ITS RESPECTIVE AFFILIATES, AND ANY OF THEIR DIRECTORS, MANAGERS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, INSURERS AND ANY AUTHORIZED ENTITY OR INEOS DEALERSHIP THAT HAS OR WILL HAVE SERVICED OR REPAIRED THE VEHICLE (AS DEFINED BELOW) (collectively, "Released Parties").
I am executing this Release of Liability and Waiver of Rights (this “Release Agreement”) and giving it to INEOS in connection with my use of the INEOS vehicle (the “Vehicle”) that is being provided to the party identified as the “Dealer” on the signature page hereto, which use makes me an “Operator” of the Vehicle. In consideration of being permitted to use the Vehicle and in recognition of INEOS’ reliance hereon, I hereby agree to all the terms of this Release Agreement, including all the Covenants and Agreements included in this Release Agreement ("Covenants and Agreements").
This Release Agreement shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release Agreement shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations ("Applicable Law"). If any portion of this Release Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release Agreement to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release Agreement shall continue from this date forever. This document constitutes the entire agreement between INEOS and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
This Release Agreement shall be construed and interpreted as broadly as possible under Applicable Law. Accordingly, I specifically acknowledge and agree that this document is not intended to be what might be referred to in some states as a “general release” that is subject to specific legal limitations and conditions that would otherwise apply under Applicable Law, such as Section 1542 of the California Civil Code, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW.
OVENANTS AND AGREEMENTS
I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:
1. ASSUMPTION OF RISK. I have decided to use the Vehicle of my own free will and not due to any inducement or duress whatsoever. I understand that part of the required consideration for being allowed to use the Vehicle is the acceptance of all of the provisions and the execution of this Release Agreement. I understand that motor vehicles are inherently dangerous and that my use of the Vehicle, including driving or riding as a passenger in the Vehicle, involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I expressly and voluntarily assume all risks of any nature for any death, injury, or damages to myself, others, my property or the property of others, which may in any way, whether foreseeable or not, arise out of my use of the Vehicle, including any risks arising out of or relating to (a) the condition of or safety of any roadways, premises, or property on which the Vehicle is operated; (b) the use of, failure to use, or absence of any safety devices or safeguards; (c) the conditions and circumstances under which the Vehicle is used; (d) the design, manufacture, maintenance, repair, and performance of the Vehicle; and (e) any actions – specifically including negligent acts or omissions – of any persons involved directly or indirectly in my use of the Vehicle.
2. RELEASE FROM LIABILITY.
(a) I fully and forever release and discharge the Released Parties from and waive, to the fullest extent permitted by law, any and losses, damages, claims (including negligence claims), causes of action, demands, lawsuits, expenses, that I may presently or at any time in the future possess against any of them as a consequence of any type of damage (whether personal or property), loss, death or injury, directly or indirectly arising out of or in connection with my driving or riding in the Vehicle or my use of or access to the Vehicle and all accompanying equipment and facilities, or the design, manufacture, maintenance, repair, and performance of the Vehicles (“Release and Waiver”).
(b) I agree that this Release and Waiver is meant to and shall apply to any and all claims for personal injury, death or property damage (whether foreseeable or not), arising from negligence, carelessness, strict liability, or otherwise and regardless of whether the claim, cause of action or demand is grounded in negligence, tort, contract or any other legal basis for recovery other than intentional conduct specifically intended to injure me (“Released Claims”).
(c) Without limiting the foregoing, I acknowledge that I am aware that I may hereafter discover facts different from or in addition to what I now know or believe to be true with respect to the Released Claims, and I agree that this Release and Waiver shall be and remain in effect in all respects as a complete release, notwithstanding any such different or additional facts. It is my intention that this Release Agreement shall be effective as a full and final accord and satisfaction and release of the Released Claims. In accordance with this intention, I acknowledge that I have been informed of Section 1542 of the Civil Code of the State of California and similar laws of other jurisdictions and I do hereby expressly waive and relinquish all rights, if any, which I have or may have under said Section and any similar laws of other jurisdictions. Section 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
(d) I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this Release Agreement, without which I would have not been permitted to use the Vehicle. In furtherance of such intention, this Release and Waiver shall be and shall remain in effect, notwithstanding the discovery or existence of any such additional or different claims or facts. I hereby represent that I have been advised by my own legal counsel, and I understand and acknowledge the significance and consequence of this Release and Waiver and of this specific waiver of Section 1542 and other such laws.
(e) I also waive, to the maximum extent permitted by law, any statute, ordinance, regulation, or requirement of any state to the effect that the Release and Waiver herein granted does not extend to any claims which I did not know or suspect existed at the time I signed the Release Agreement, which, if I had known, may have materially affected my decision to sign the Release Agreement; rather, I expressly agree that all such claims or damages are hereby waived and released to the maximum extent permitted by law.
3. INDEMNITY. I will defend, indemnify, hold harmless, and reimburse the Released Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by them or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with my use of the Vehicle. I will reimburse the Released Parties if anyone makes a claim against any of them in connection with my use of the Vehicle, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against any of the Released Parties, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my use of the Vehicle, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with my use of the Vehicle, even if it is due to the negligence, injudicious act, omission, or other fault of any of the Released Parties.
5. REPRESENTATIONS AND COVENANTS. I represent and agree as follows: (a) I am 21 years of age or older.
(b) I have a valid, unrevoked driver's license (a copy of which I have provided to the Dealer). My right to operate the Vehicle will cease immediately should my driver’s license be suspended or revoked for any reason. I promise to inform the Dealer immediately of any such suspension or revocation. My driver’s license is free of restrictions, or if my driver’s license is subject to restrictions, I will comply with such restrictions in all respects and such restrictions shall not impede my ability to safely operate or ride as a passenger in the Vehicle.
(c) When requested, I will provide documents (ID, driving licenses, etc.) and any authorizations necessary for use of the Vehicle.
(d) If I do not have normal vision and have to wear corrective lenses or contacts, I will wear them at all times while driving at the Vehicle.
(e) I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to drive or ride in a vehicle or otherwise operate the Vehicle. I promise to inform the Dealer immediately of any change in my physical or mental health that occurs while I am operating the Vehicle that would make the foregoing statements untrue.
(f) I have never been refused automobile insurance coverage or had special conditions imposed.
(g) I understand that 4x4 vehicles handle differently from traditional passenger cars.
(h) If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to drive the Vehicle, I will immediately discontinue driving the Vehicle.
(i) I am able to understand instructions given to me, and I will follow any and all instructions, recommendations, cautions, rules, terms and conditions, safety information and procedures of the Released Parties at all times during my use of the Vehicle.
(j) I will comply with all Applicable Laws while driving the Vehicle.
(k) I will operate the Vehicle in a safe manner and will observe all traffic laws. I will not operate or be a passenger in Vehicle while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which could impair my ability to operate or ride in a vehicle.
(l) While driving the Vehicle, I will not use any cell phone or engage in text messaging or other uses of mobile devices, except for any use of any hands-free device that is reasonable taking into account the driving conditions.
(m) I will properly wear seat belts and any other safety equipment at all times while I am in the Vehicle during its operation.
(n) I shall pay for all fines or penalties incurred in connection with my operation of the Vehicle.
(o) I shall not permit any Unauthorized Person to operate or ride as a passenger in the Vehicle while I am driving or am a passenger in the Vehicle. I shall not permit any other person to allow any Unauthorized Person to be transported in any such Vehicle. “Unauthorized Person” means: (a) any minor who has not (i) been expressly permitted by INEOS to be a driver of or passenger in such Vehicle as loaned to the Dealer, and (ii) delivered a copy of this Agreement signed by his/her parent or legal guardian authorizing such minor to operate or ride in the Vehicle; and (b) any person who has not (i) been expressly permitted by INEOS to be a driver of or passenger in the Vehicle, and (ii) delivered their own signed copy of this Agreement to INEOS (or such other form of release, waiver-of-liability, assumption-of-risk, and indemnity document as INEOS or the other Released Parties may in their sole discretion require).
(p) Under no circumstances will any child who, by law, must be transported in a child restraint system be permitted to be transported in the Vehicle at any time while I am operating the Vehicle.
6. INCIDENTS. I will immediately notify INEOS of any incident involving any personal injury or property damage (including damage to any the Vehicle) arising in connection with my use of the Vehicle. In the event of such an incident, I will complete and submit to INEOS a copy of any accident report requested by INEOS or otherwise completed by me, and will submit it to INEOS within twenty four (24) hours of the incident or accident, and will secure the Vehicle from further damage. I will report any incident to the appropriate governmental authority(ies), if required by law. I will complete any insurance documents for, and cooperate in any litigation related to, such incident.
7. VEHICLE CONDITION AND INSURANCE. I understand and agree that prior to any use of the Vehicle, I will have the opportunity to inspect the condition of the Vehicle, and that I will be responsible for inspecting any Vehicle prior to operating it. I agree that I will not drive or ride in the Vehicle, and if already driving or riding, I will cause the driving or riding activity to cease immediately in the safest possible manner, if I have any reservations or concerns of any nature, be it Vehicle, road, course, or driver related, about the drive or ride or if I feel, at any time, that I am not qualified or able to make the drive or ride, regardless of the extent of my training or instructions provided or the application of that training and instructions provided, or if I feel, at any time, my physical or mental condition is not conducive to safe operation of or riding in the Vehicle. I understand and accept that the Vehicle supplied by INEOS will be supplied with insurance coverage provided by the Dealer, a copy of which I can review upon request, and I agree to comply with all the terms and conditions of such insurance. I understand that any insurance coverage provided by the Dealer or by INEOS will not apply to any contents of the Vehicle. I understand that it is my responsibility to ensure that the Vehicle is covered by proper insurance, and that I cannot claim any damages to the Vehicle or any injury to any driver or passenger, or third party, caused by the Vehicle, other than as may permitted by such insurance policy or under any active warranty applicable to the Vehicle, in each case only to the extent that I am proper beneficiary of such insurance or warranty. I understand that I (or my insurance company) will be solely responsible for paying any property damage, medical costs, or other costs and expenses arising from my use of the Vehicle. In addition to the above, I will be responsible for acquiring and maintaining any medical insurance, workers’ compensation insurance, or other similar insurance sufficient to cover any medical expenses associated with any accident or injury that may occur in connection with my use of the Vehicle.
8. PUBLICITY. I hereby grant the Released Parties, without limitation, the right to use my name and likeness in connection with the Vehicle for any publicity without further compensation or permission. I agree that the text, video, photographs and/or other recordings, as well as textual and/or transcribed comments, containing my name, image, likeness, voice and statements (collectively, “Materials”) may be used and distributed by the Released Parties in any and all of its publications and/or commercial materials, for any lawful purpose that the Released Parties deems appropriate, through any medium and in any format that the Released Parties deems appropriate, including webcasts, broadcasts, social media, and other forms of public transmission. The permissions granted by this Release Agreement are perpetual and worldwide, and include the right to edit, alter, copy, and modify the Materials for any purpose and to assign and/or license the Materials to third parties as the Released Parties deem appropriate. In addition, I waive any right to inspect or approve the finished product wherein my Materials appear. I hereby hold harmless, release, and forever discharge the Released Parties from all claims, demands, and causes of action which I have or may have relating to the use of my name and likeness as permitted hereby.
9. PRIVACY. I understand that, in connection with my access to and use of the Vehicle, INEOS and other Released Parties may collect certain personal information about me. I have read the Privacy Notice provided and available at https://ineosgrenadier.com/en/us/privacy. If I am a California resident, I also acknowledge that I have been provided with access to INEOS’ Privacy Notice for California Residents, which is available at https://ineosgrenadier.com/en/us/california-privacy-notice. By signing these Covenants and Agreements and driving the Vehicle, I agree to the collection and use of my personal information in all respects.