Waiver: In consideration for being allowed to participate in the Kuttawa Cannonball Run (“the Cannonball Run”), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Midwest Powerboat Association, its officers, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Cannonball Run, while in, on or upon the premises where the Cannonball Run is being conducted and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. “Participation” for purposes of this Waiver shall mean piloting a boat or being a passenger in a boat piloted by someone else.
Assumption of Risks: I am fully aware of the risks and hazards connected with the activities of the Cannonball Run, and I am aware that such activity includes the risk of injury and even death, and I hereby elect to voluntarily participate in the Cannonball Run, knowing that my participation may be hazardous to my property and me. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of participating in the Cannonball Run, to the fullest extent allowed by law.
Indemnification and Hold Harmless: I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that RELEASEES may incur due to my participation in the Cannonball Run, to the fullest extent allowed by law.
Binding Effect. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the state of Indiana and that any mediation, suit, or other proceeding must be filed or entered into only in Indiana and the federal or state courts. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
I, the undersigned, agree to the terms above.