In exchange for participation in any activity with Countrymen Veteran Motorcycle Club, Inc. and/or use the property, facilities, and services of the CVMC, Inc., I agree for myself and if applicable for my family members, to the following:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings, and further agree to follow all verbal instructions or directions given by CVMC, Inc., or the representatives or agents of CVMC, Inc., where they do not conflict with local, state or national law.
ASSUMPTION OF THE RISKS AND THE RELEASE
I recognize that there are certain inherent risks associated with riding a motorcycle, and in any activity with CVMC, Inc. and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge CVMC, Inc. for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of or activities with CVMC, Inc., whether caused by the fault of myself, my family, CVMC, Inc. or other third parties.
I hereby grant CVMC, Inc. permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications and social media, without payment or other consideration. I understand and agree that all photos will become the property of CVMC, Inc., and will not be returned or removed unless done so at the sole discretion of CVMC, Inc.
I hereby irrevocably authorize CVMC, Inc. to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge CVMC, Inc. from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I agree to indemnify and defend CVMC, Inc. against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of or activities with CVMC, Inc.
I agree to pay for all damages to the facilities of CVMC, Inc. caused by any negligent, reckless, or willful actions by me or my family.
Any legal or equitable claim that may arise from participation in the above shall be resolved under the law of the state in which said claim arises.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review Agreement if I so desire. I further agree that CVMC, Inc. offers no refund of any fees or dues I have paid to use its facilities or participate in any activities if I chose not to sign this Agreement.
ARM’S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to the final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.