GEARHEAD SYSTEMS INTERNATIONAL INC – WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to enter and use the premise and equipment owned by Gearhead Systems International Inc (hereinafter “Gearhead Systems”), for a fee, and in order to repair or work on ____________________________(Vehicle’s Description, Make, Model and Year), that is owned by _____________________________(Your Name), I hereby RELEASE, WAIVE, DISCHARGE AND WILL NOT SUE Gearhead Systems, their officers, agents, servants or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or in any way related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of Gearhead Systems, or otherwise, while participating in such activity, or while in, on,or upon the premises where the activity is being conducted at Gearhead Systems.
I further hereby AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Gearhead Systems from any and all expenses, allegations, claims, suits, fines, penalties, losses, liabilities, damages, or costs, including court costs and attorny’s fees that Gearhead Systems may incur due to my participation in said activities or my presense on Gearhead Systems premises, WHETHER RECKLESSLY OR NEGLEGENTLY CAUSED BY GEARHEAD SYSTEMS or otherwise, to the fullest extent allowed by law.
It is my express intent that this Waiver of Liability 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 Gearhead Systems. 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 Rhode Island without regard to principles of conflicts of laws and that the mediation, suit, or other proceeding must be filed or entered into only in the State Courts of Kent County, Rhode Island. If 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.
This Waiver of Liability and Hold Harmless Agreement terminates and supersedes all prior understandings and/or agreements (oral or otherwise) on the subject matter hereof. This agreement may be modified only by further writing that is duly executed by both parties.
I further agree that Gearhead Systems at any point and at its sole direction may assign its rights under this Waiver of Liability and Hold Harmless Agreement to any third party it so chooses.
In signing this release, 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 and agree to all terms detailed herein. I am at least eighteen (18) years of age and fully competent.
Printed Full Name of Participant Signature of Participant Date