KENTUCKY KICK DOWN, LLC: WAIVER & RELEASE OF LIABILITY
In consideration of Kentucky Kick Down, LLC (hereinafter "KKD") furnishing venue, services, and/or equipment to enable me, (hereinafter "Participant"), to participate in events of KKD's annual motorcycle festival, I agree as follows:
I, Participant, fully understand and acknowledge that; (a) serious risks and dangers exist in my use of motorcycles and other gas-powered moving machinery, especially in regards to racing, stunts, and other skills involved in performing with them; (b) my participating in such activities and/or use of such equipment may result in my injury and/or illness including, but not limited to, soft tissue sprains/strains, fractured/broken bones, partial/total paralysis, amputation(s), brain damage, or other ailments that could cause serious disability, or even death; (c) these very serious risks and dangers may be caused by the negligence of the owners, employees, officers or agents of KKD; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of KKD, or by any other person.
I, Participant, on behalf of myself, my personal representatives, and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify KKD and its owners, agents, officers, and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of motorcycles and other gas-powered moving machinery or my participation in KKD festival activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers, or employees of KKD.
I, PARTICIPANT, HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND KENTUCKY KICK DOWN, LLC, AND I SIGN IT OF MY OWN FREE WILL. I AM ALSO AWARE THAT KKD RECOMMENDS AND HIGHLY ENCOURAGES SAFETY GEAR, INCLUDING, BUT NOT LIMITED TO, HELMETS AND BODY PADS.
I, Participant, also hereby give KKD permission to reprint any photographs taken during my participation in events of the festival. I understand that these materials may include, but are not limited to, general printed material, video displays, broadcast television, electronic publications (including web sites and social media), and other training and promotional materials.
I, Participant, agree the terms of this Agreement shall be governed by and interpreted according to the laws of the Commonwealth of Kentucky. I agree that venue shall be the court of competent jurisdiction in Jefferson County, Kentucky.