I, whether as a driver or passenger (“Driver”),
will be participating in the Volvo event
("Event") where I may operate or ride in a
vehicle (“Vehicle”). In consideration of being
permitted to participate or observe the Event, Driver agrees to
the following on behalf of Driver’s personal representatives,
estate, executives, heirs, next of kin, successors, assigns and
administrators:
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Neither Volvo Car Canada Limited (“Volvo Cars”), nor Proof Experiences, Integrated Automotive Group , or
Wasserman (“Agency”) made any representation
to me as to the suitability, condition, or safety of the
Vehicle, products, and/equipment that is associated with the
Event.
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I declare and warrant that:
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I am physically and mentally fit to take part in the Event
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I am not under the influence of any drugs or alcohol or
any substance which affects my ability to operate or
control the Vehicle
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I am not affected by any medical condition that may impair
the safe operation of a Vehicle.
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My motor vehicle driving record contains no violations or
accidents in the past 36 months.
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I will at all times (i) abide by the instructions of all
Event officials (whether representing Volvo Cars or
otherwise) in relation to my participation; (ii) will wear
safety belts; and (iii) will operate the Vehicle in a safe
manner.
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I am present at the Event and participate in the Event at
my free will and my own risk, and I will be solely
responsible for any damage, liability, claim or loss that
I might suffer or cause to myself and, if due to my
negligence, then to others, or to any property.
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In consideration for me being able to participate in the
Event, I will indemnify and hold harmless Volvo Cars and
Agency (and all their affiliates, including their parent
companies), and their respective officials, employees,
directors, representatives, agents and vendors (“Released Parties”), from and against all liabilities, actions, claims, costs,
expenses and demands in respect of myself or any other persons
associated with my presence and or participation at the Event,
howsoever caused, and notwithstanding that the same may have
been contributed to or occasioned by the negligence of those
bodies or individuals.
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I acknowledge and agree that participation in
driving/track/racing events involve inherent risks and dangers
that despite reasonable precautions being taken can never be
completely eliminated. Risks include accidents, property loss
or damage, serious personal and bodily injury, mental injury,
pain and suffering, death, and severe social and economic
losses, and emotional distress. These may result not only from
my own actions, inactions, or negligence, but the actions,
inactions, or negligence of others, the rules of
participation, the effects of the weather, or the condition of
the facilities, equipment, or vehicles. Further, there may be
other risks that are not known to me or reasonably foreseeable
at this time. I waive any and all specific notice of the
existence of risks. I understand, and I have considered and
evaluated the nature, scope, and extent of the risks involved
before, during and after driving/track/racing events, and I am
voluntarily and freely choosing to assume these risks and
release the Released Parties.
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I expressly acknowledge that this release is intended to
include in its effect, without limitation, all claims which I
do not know or suspect to exist in my favour at the time of
execution hereof, and that this release contemplates the
extinguishment of those claims.
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I agree that while participating in the Event I may be filmed
and photographed by cameras on-board or elsewhere in the
Event. I will allow Volvo Cars, its parent company, and third
parties authorized by Volvo Cars and its parent company, to
use such photographs and footage, together with my name, in
any media for any purpose without further payment to me,
including without limitation in marketing material, on Volvo
Cars’ or its parent company’s website or in social media.
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I hereby render Volvo Cars and/ or the distributor, as well as
their employees, agents and representatives free and harmless
and/ or keep them indemnified from any and all claims,
actions, expenses, losses and demands in respect of any
injury, untoward incident and/ or damage which may result from
my test drive of a Volvo vehicle(s), whether to myself, to
third parties, to the vehicle driven and/ or to the property
of any person or entity.
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I hereby agree that this release is intended to be as broad
and inclusive as is permitted by the laws of the Province
in which the Event is conducted and if any portion
thereof is held invalid, it is agreed that the balance will,
notwithstanding, continue in full force and effect.
BY CHECKING THE BOX, I AM CONFIRMING THAT I HAVE READ THIS
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN
UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE AGREED TO IT
FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR
GUARANTEE BEING MADE TO ME. I INTEND MY AGREEMENT TO BE A
COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW.