Your email address:

Please accept the terms for OCTOBER 11 - 13, 2024

PARTICIPANT RELEASE AND WAIVER OF LIABILITY

WHEREAS, FIFTY PLUS FOUNDATION, INC., a Tennessee nonprofit corporation (“Fifty Plus”), is presenting the Chattanooga Motorcar Festival( the "Festival”),which is scheduled to take place during the period of October 11–October 13, 2024, and also will include setup dates of October 4–October 10, 2024, and breakdown dates of October 14–October 18, 2024.

NOW THEREFORE, in consideration of Participant’s participation in the Festival, Participant here by acknowledges, covenants and agrees as follows:

SCOPE OF PARTICIPATION
Participant will be participating in the Festival in one or more capacities including but not limited to as a spectator, guest, driver, vehicle owner, pit crew member, official, flagger, contractor, sub-contractor, sponsor ,volunteer, employee, agent, member, affiliate, performer, neighbor, exhibitor, and/or vendor in one or more events including but not limited to the Concours d’ Elegance, car club gatherings, Broad Arrow Auctions at the Convention Center, Concours d’Lemons, and Fundraiser. The term "Festival” shall include, without limitation, the events, practices, set up, take down, and any ancillary activities relating in any way to the Chattanooga Motorcar Festival on any date and wherever located.

ASSUMPTION OF RISK
PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT BECAUSE AMONG OTHER REASONS THE ACTIVITIES OF THE FESTIVAL INVOLVE THE OPERATION OF MOTOR VEHICLES, CERTAIN RISKS ARE ASSOCIATED WITH PARTICIPATION IN THE FESTIVAL THAT COULD CAUSE INJURY OR DEATH TO THE UNDERSIGNED OR TO OTHER PARTICIPANTS AND BYSTANDERS. IN CONSIDERATION OF PARTICIPANT’S PARTICIPATION IN AND ENJOYMENT OF THE FESTIVAL, PARTICIPANT AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY (INCLUDING INJURIES RESULTING FROM OR COMPOUNDED BY THE ACTIONS, OMISSIONS,OR NEGLIGENCE OF INDEMNITEES DEFINED IN THE BELOW “GENERAL RELEASE OF LIABILITY &INDEMNIFICATION” SECTION, AND INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS),PROPERTYLOSS,OR OTHER DAMAGES THAT MAY RESULT FROM OR ARISE OUT OFPARTICIPANT’S PARTICIPATION IN, PRESENCE AT, WORK OR OTHERACTIVITIES RELATED TO, AND ANY AND ALL USE OF PROPERTY OF, THE FESTIVAL, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF INDEMNITEES DEFINED IN THE BELOW “GENERAL RELEASE OF LIABILITY & INDEMNIFICATION” SECTION OR OTHERWISE.THIS ASSUMPTION OF RISK INCLUDES, BUT IS NOTLIMITED TO, RISKS ASSOCIATED WITH ANY LOSS, THEFT OF OR DAMAGE TO PERSONAL PROPERTY, PERSONAL INJURIES, PERMANENTDISABILITY, PARALYSIS OR DEATH, ARISING FROM, OR RELATED IN ANY MANNERTO ENVIRONMENTAL HAZARDS, WEATHER HAZARDS, LODGING, THE OPERATION OF MOTOR VEHICLES, TOOLS, MACHINERY AND EQUIPMENT, THE CONSUMPTION OF ALCOHOLIC BEVERAGES, THE CONSUMPTION OF ANY AND ALL FOOD OR OTHER BEVERAGES SERVED OR PROVIDED, ANY MATERIALS OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO GOLF CARTS OR OTHER FORMS OF MOTORIZED TRANSPORTATION USED ON OR FOR THE CONCOURS D’ELEGANCE, CAR CLUB GATHERINGS, BROAD ARROW AUCTIONS AT THE CONVENTION CENTER, CONCOURS D’LEMONS, FUNDRAISER, EXPOSURE TO OR CONTRACTION OF CORONA VIRUS DISEASE 2019(AKA COVID-19) OR ANY VARIANT THEREOF, AND ANY AND ALL OTHER RISKS ASSOCIATED WITH THE PARTICIPATION IN, PRESENCE AT, WORK OR OTHER ACTIVITIES RELATED TO, AND ANY AND ALL USE OF PROPERTY OF, THEFESTIVAL.

CONSENT TO MEDICAL TREATMENT
Participant consents to receive medical treatment deemed necessary if they are injured or require medical attention during their participation in the Festival. Participant understands and agrees that they are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Participant hereby releases, forever discharges, and holds harmless the Indemnitees defined in the below “General Release of Liability & Indemnification” section from any claim based on such treatment or other medical services.

MEDIARELEASE
Participant understands and acknowledges that Fifty Plus, its officers, directors, agents, employees, volunteers, affiliates, subsidiaries, and assignees may photograph and make audio and/or visual recordings of Participant's name, appearance, image, poses, voice, oral or written statements, performance, and activities IN connection with the Festival (collectively, “Participant's Performance”) and Participant hereby releases all rights to Participant's Performance and grants to Fifty Plus, its officers, directors, agents, employees, volunteers, affiliates, subsidiaries, and assignees the absolute right and permission to, without further consideration, compensation of any kind, or obligation, to distribute, broadcast, print and publish, use in any technology, and edit Participant’s Performance for all purposes, including advertising, trade or commercial purposes throughout the world.

GENERALRELEASEOFLIABILITY&INDEMNIFICATION
Participant understands and hereby fully and forever releases and discharges Fifty Plus, its officers, directors, agents (actual or apparent), employees, independent contractors, volunteers, representatives, staff, racing associations, sanctioning organizations or any subdivision thereof, insurers, officials, car owners, drivers, owners, lessees and /or licensees of premises on which any portion of the Festival is conducted, premises inspectors, Festival inspectors, surveyors, underwriters, consultants, and others who offer recommendations, directions, or instructions, or engage in risk evaluation or loss control activities regarding the premises or Festival, vendors, entities or companies providing services to the Festival, whether or not for compensation, and all of their respective affiliated entities, all employees, directors, officers and agents(actual or apparent) of any affiliated entities, subsidiaries, and assignees (the “Indemnitees”) from any and all claims, demands, rights of action, causes of action, allegations ,liabilities, injuries, personal injuries, death, damages, medical bills, pain and suffering, loss of enjoyment of life, loss of earnings, loss of earning capacity, any claim for loss of consortium by any spouse, parent and/or child for injury to Participant, loss of consortium for injury to Participant's spouse, parents and/or children, breaches, torts, debts, liens, obligations, express or implied, costs and expenses including attorneys' fees(a “Claim”), arising out of or related in any manner to Participant’s participation in the Festival, Participant's presence at the Festival, Participant’s work at the Festival, Participant’s volunteering at the Festival, driving or being a passenger in a golf cart or other form of motorized transportation used on or for the Concours d’ Elegance, car club gatherings, Broad Arrow Auctions at the Convention Center, Concours d’ Lemons, Fundraiser, or any other activities related to the Festival, the Participant’s Performance, the Assumed Risks, and any and all alleged negligent acts or omissions of any one or more of the Indemnitees(the "Released Claims”).

Participant shall defend, indemnify, and hold harmless the Indemnitees from any and all liability arising out of or related to the Released Claims including but not limited to Indemnitees ’reasonable attorney's fees and expenses(the “Indemnification Obligation”).Participant’s Indemnification Obligation shall extend beyond the date and termination of Participant’s participation in, presence at, work or other activities related to, and any and all use of property of ,the Festival. This Release does not extend to claims or liabilities that Tennessee law does not permit to be released by agreement.

INSURANCE–VENDORONLY
To the extent Participant is participating in the Festival as a vendor to promote, advertise, trade, provide, or vend product(s), goods or services, Participant further agrees that in consideration for its use of the Festival to promote, advertise, trade, provide, or vend product(s),goods or services, Participant, at the sole and exclusive discretion of Fifty Plus, shall obtain a general liability policy providing sufficient coverage for all of Participant's activities, including all damages or injuries which may be caused by Participant, and will name Fifty Plus as an additional insured under such policy. Participant, at the sole and exclusive discretion of Fifty Plus, shall provide Fifty Plus or its designee evidence of such insurance and warrants that there are no exclusions from coverage relating to Participant's activities and participation in the Festival .This insurance must be primary and noncontributory as respects to any other insurance available to the additional insured and waiver of subrogation must apply. Participant shall abide by all applicable conditions and requirements of any such insurance policy(ies).

INSURANCE–DRIVERAND/ORVEHICLEOWNERONLY
To the extent Participant is (a) participating in the Concours d’ Elegance, car club gatherings, Broad Arrow Auctions at the Convention Center, Concours d’ Lemons, Fundraiser, driver and/or vehicle owner, and/or (b) Participant owns or utilizes a golf cart or other form of motorized transportation, Participant shall, in consideration for its participation IN the Festival as a driver and/or vehicle owner, obtain and maintain an auto insurance policy providing sufficient coverage for all of Participant’s activities and the use of such vehicle, including all damages or injuries which may be caused by Participant or such vehicle. Participant warrants that there are no exclusions from coverage relating to Participant’s activities and participation in the Festival. Participant shall abide by all applicable conditions and requirements of any such insurance policy(ies). ParticipantfurtheragreesthatinconsiderationforitsparticipationintheFestivalasadriverand/or vehicle owner, Participant will inspect all vehicles driven by Participant, or to be driven on behalf of Participant ,and confirm that such vehicles are safe for operation under elevated acceleration, braking and cornering forces. Participant further agrees to use all safety equipment that is customarily used in similar events. Participant understands and agrees that Participant is participating in the Festival at his or her own risk.

ENFORCEMENTOFRELEASE
Participant shall indemnify and reimburse Indemnitees for any costs, expenses, damages, and reasonable attorneys’ fees the Indemnitees may incur in the enforcement of this Release and /or in the prosecution of an action arising out of or related to Participant's breach of this Release. This paragraph shall not limit or restrict the ability or the right of the Indemnitees to recover any other damages or to pursue any other remedy under state and/or federal law or the provisions of this Release.

REPRESENTATIONSONAUTHORITYOFPARTIES/SIGNATORIES
Participant represents and warrants that he/she is duly authorized and has legal capacity to execute and deliver this Release. As for any individuals under the age of 18 who are participating in and enjoying the Festival and as to whom Participant is a natural or legal guardian, Participant hereby executes this Release on behalf of said individuals, and agrees to defend, indemnify and hold harmless the Indemnitees from any claims or demands made by or on behalf of any of them. Participant further agrees that Participant shall be liable for any and all damages to any property caused by such individuals.

MODIFICATIONOFRELEASE
This Release may not be supplemented, amended, and/or modified unless such modification is put inwriting and signed by the parties. The conjunctions “and” and “or” in this Release mean “and/or. "The use of the singular form of any word here in shall include the plural, and vice versa.

GENERALWAIVER
The failure of Indemnitees to require strict performance of any provision of this Release shall in no way constitute a waiver of any of the individual or collective rights afforded by law, equity, or the provisions of this Release. The waiver by any party of a breach by the other party shall not be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

ENTIREAGREEMENT
This Release is the entire agreement between parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

ENFORCEABILITY,SEVERABILITYAND/ORREFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature andscopeaswillrenderitenforceable.Intheeventitcannotbesomodified,rewritten or interpreted to been forceable in any respect, it will not be given effect, and the remainder of this Release shall been forced as if such provision was not included.

GOVERNING LAW,JURISDICTIONANDVENUE
The validity, construction and performance of this Release shall be governed and construed in accordance with the laws of Tennessee applicable to contracts made and to be wholly performed within Tennessee, without giving effect to any form of conflict of law provisions thereof. The federal and state courts located in Hamilton County, Tennessee shall have sole and exclusive jurisdiction over any disputes a rising under the terms of this Release.

I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS RELEASE,UNDERSTAND THAT I AM GIVING UP SUBSTANTIALRIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNEDITVOLUNTARILYANDWITHOUTANYINDUCEMENTORASSURANCEOFANYNATURE,ORALOR WRITTEN, AND INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITYTOTHEGREATESTEXTENTALLOWEDBYLAW.
I agree to use an electronic acceptance to demonstrate my approval and agreement of the Release.

I agree that my electronic signature is as legally binding as my handwritten signature.

This Release is EXECUTED the year and day first above mentioned.

Check here to show you accept the terms stated above for yourself or for a minor volunteer for which you are a parental guardian.
Enter your name here to serve as a digital signature: