CDE Lightband

RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
ELECTRIC VEHICLE (EV) RIDE AND DRIVE

THIS LIABILITY RELEASE AND INDEMNITY AGREEMENT (the “Agreement” or this “Release of Liability and Indemnity Agreement”) IS MADE AND ENTERED INTO AS OF May 11 2023, BY AND BETWEEN THE ELECTRIC VEHICLE RIDER / DRIVER IDENTIFIED AND SIGNED BELOW (the “Indemnifying Party”), AND THE EAST TENNESSEE CLEAN FUELS COALITION, DRIVE ELECTRIC TENNESSEE, THE CITY OF CLARKSVILLE,TN, CLARKSVILLE DEPARTMENT OF ELECTRICITY (CDE), TENNESSEE VALLEY AUTHORITY, AND PARTICIPATING EV OWNERS, AND THEIR DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (the “Released and Indemnified Parties”), FOR AND DURING THE DRIVE ELECTRIC TENNESSEE EV RIDE & DRIVE EVENT HELD IN CLARKSVILLE, TN (the “Event”) ON MAY 11, 2023. THE INDEMNIFYING PARTY AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED AND INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS, EXPENSES, SUITS, DAMAGES, JUDGMENTS, DEMANDS, AND COSTS RELATED TO THE STIPULATIONS MADE BELOW.

A. RELEASE, WAIVER AND INDEMNITY: In consideration for being permitted to participate in the event, I on behalf of myself, heirs, assigns, personal representatives, next of kin, guardians and legal representatives hereby:

1. Release, Waive, Discharge and Covenant Not to Sue the Released and Indemnified Parties for any and all claims, loss, damage, expense and liability on account of any loss, damage or injury, including death, arising from the negligence or other acts or omissions, howsoever caused, arising out of, in consequence of or in connection with my actions, whether as a driver, or passenger at the Event.

2. Agree to Indemnify, Defend, Protect and Hold Harmless the Released and Indemnified Parties from all claims, loss, damage, expense, and liability they may incur arising from any claim brought by myself, on my behalf, or by my heirs, assigns, personal representatives, next of kin, guardians or legal representatives and excepting only such loss to the extent it directly results from the sole negligence or willful misconduct of the Indemnifying Party.

B. ACKNOWLEDGEMENT OF RISKS: I understand and am aware that participation in the Event and the engagement of activities, including but not limited to driving or riding in a vehicle, poses the risk of injury or death.

C. ACKNOWLEDGEMENT OF RESPONSIBILITY FOR DAMAGES: I understand the requirement for drivers of the Event to hold an automotive insurance policy or financial responsibility, as required by the TENNESSEE Revised Code, and am aware that I am responsible for any loss, damage, expense and liability of vehicles and property while participating as a driver during the Event.

D. GENERAL TERMS AND CONDITIONS

1. The partial or complete invalidity of any one or more provisions of this Release of Liability and Indemnity Agreement shall not affect the validity or continuing force and effect of any other provision.
2. This Release of Liability and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of TENNESSEE.
3. No oral representations, statements or inducements apart from this Release of Liability and Indemnity Agreement have been made.
4. This Release of Liability and Indemnity Agreement extends to and includes any and all claims, liabilities, injuries, damages and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue or be discovered in the future.

E. KNOWING AND VOLUNTARY EXECUTION: I have carefully read this Release of Liability and Indemnity Agreement and fully understand its contents. I understand that by signing this document I am waiving valuable legal rights and agree to be bound to the terms and conditions set forth above. On behalf of myself, my heirs, assigns, and next of kin, I waive all claims for damages, loss, injuries and death sustained to me or my property, that I may have against the aforementioned Indemnifying Parties to such activity whether caused by the ordinary negligence of the Indemnifying Party or otherwise, with the exception of acts of intentional misconduct as indicated above and my participation in the event is voluntary.

F. PHOTO WAIVER & RELEASE FROM LIABILITY FOR ELECTRIC VEHICLE TEST DRIVE EVENT: I hereby consent to and authorize the use and reproduction by the Released and Indemnified Parties, or anyone authorized by the Released and Indemnified Parties, of any and all photographs that have been taken of me during the course of this event for any purpose, without compensation of any kind. All negatives, positives and digital copies, together with the prints, are owned by the Released and Indemnified Parties, reserve the right to use these photographs in any of its print or electronic publications.

G. MISC:

1. This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of the Released and Indemnified Parties, whether by agreement, by operation of law, or otherwise. I certify that I am 18 years of age or older, and I am mentally competent to enter into this waiver. I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.

2. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. Consent for Minors’ Participation Guardian hereby warrants and represents that Guardian is the legal guardians of the participant and is responsible for the care, custody, and control of the minor. Guardian represents and warrants that no other person’s authorization is required to grant the rights herein, and Guardian has full authority to consent to Minor’s participation in the event. By signing this document, I consent to share the information I provide in this document with the Released and Indemnified Parties.

3. I certify that I will:

a. Abide by all traffic laws;
b. Wear a seat belt while driving;
c. Drive at or under the speed limit; and
d. Exercise extreme caution when driving near pedestrians, event attendees, and other drivers.