RELEASE OF LIABILITY
In exchange for being a member of the Standard Motorcycle Co. Co-Op (the “Co-Op”) and all privileges that come along with being a member, I, a newly registered member of the Company, agree for myself, my family and my guests to the following:
Agreement to Follow Directions
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the Co-Op or Standard Motorcycle Co. (collectively the “Company”), or employees, representatives or agents of the Company.
Waiver and Release
For myself, my heirs, executors and administrators, I hereby release, waive, discharge and covenant not to sue the Company and all of its agents, officers, directors, servants, and employees from any and all liabilities, claims, demands, or causes of action that may arise from being on the property of or relating to utilizing services of the Company and being a member of the Company and the privileges that come along with being a member.
The scope of this Waiver and Release shall include, but not be limited to, damages or losses or injuries encountered in connection with repairing, building, restoring, or customizing of a motorcycle; the use of the motorcycle outside of the shop; and the use of educational knowledge of the Company staff in repairing, building, restoring, or customizing of a motorcycle inside of the shop and outside of the shop.
To the extent any liability is assessed against the Company, the Company shall not be liable for any loss, cost, expense or damage in an amount cumulatively exceeding the Co-Op fee I have paid to the Company. In any event, the Company shall not be liable for indirect, incidental, punitive, exemplary, special, or consequential damages of any kind whatsoever.
I understand and acknowledge that there will be a resident shop dog that will be present at the property of the Company. The scope of the Waiver and Release shall also include any and all types of injury caused by the dog, including injuries resulting from a dog bite.
Further, it is expressly agreed that use of the Company’s facilities or participation in their activities shall be undertaken by me at my sole risk, and the Company, its officers, employees, and/or agents shall not be liable for any injuries or damage to any property of any member or guest, or be subject to any claim, demand, injury or damages whatsoever, and the Company shall not be responsible or liable to members or their guests for articles damaged, lost or stolen in or about the club, or in lockers, or for loss damages to any property including but not limited to an automobile and the contents thereof.
I agree to indemnify and defend the Company against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my, my family's or my guests’ use of or presence upon the facilities of the Company.
Further, I agree to pay for all damages to the facilities of the Company caused by any negligent, reckless, or willful actions by me, my family, or my guests.
Consent to Photography and Use of Pictures
By signing this consent form, I authorize and agree to allow the Company to take one or more photographs of myself, my family, or my guests for the purpose of promoting the Company or the motorcycle industry in general. I understand and agree that all or some of these images of myself, my family, or my guests may be distributed, published, and publicly displayed worldwide in a publication chosen by the Company.
I agree that the photographs and any rights, royalties, benefits, and privileges that may arise from the use of the photographs will be the exclusive property of the Company, and I hereby assign to the Company any and all right, title, or interest that I, my family, or my guests may have in and to the photographs. I further agree to give to the Company all assistance reasonably required to protect its rights to the photographs.
Any and all legal and equitable claims that may arise from participation in the Company Co-Op shall be resolved under Florida Law.
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.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY BECOMING A MEMBER OF THE STANDARD MOTORCYCLE CO. CO-OP COMMUNITY GARAGE AND ACCEPTING THE TERMS OF SERVICE THAT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.