Appalachian Mountain MINIs Liability Waiver & Release Agreement
By participating in the Appalachian Mountain MINIs club, events, and meetings, I represent that I am at least 18 years of age and have a valid State driver’s license and current auto insurance, and agree to the Appalachian Mountain MINIs Bylaws. A copy of the Bylaws may be requested by e-mail at any time and is the responsibility of the member to request said documents. I further represent that I am not taking any drugs or medication, nor do I have any physical or mental limitations, which would interfere with my safe participation in the club or its events. I recognize that the operation of any MINI is an inherently dangerous activity with a risk of loss of the MINI and serious injury or death to my passengers and myself. I understand that these risks include, but are not limited to, road surface conditions, debris on roads, varying road widths, curves, other vehicles, pedestrians sharing the roadway, and the skills of other participants.
In consideration for being permitted to participate in Appalachian Mountain MINIs membership and events, I the undersigned on behalf of myself and my heirs, executors, administrators, assigns and legal representatives, agree and indemnify, defend and hold harmless Appalachian Mountain MINIs and their representatives, individually and in the capacity indicated, from and against any and all damages, claims, suits, causes of action to and against a person and property, (including but not limited to attorney’s fees) arising in connection with or related to my participation.
Furthermore, I assume all risk of injury and loss, waive and release any claim of damage and injury of any nature I might state against Appalachian Mountain MINIs and their representatives, who assist in the capacity indicated, arising out of my participation.
I have been offered the opportunity to consult with the legal and/or other advisers of my choice before signing this Unconditional Waiver and Release, and I enter into freely and on behalf of myself and my heirs, successors, and assigns.
This Unconditional Waiver and Release shall be constructed under the laws of the State of North Carolina, and the exclusive venue for the resolution of all disputes pertaining to Appalachian Mountain MINIs shall be in the appropriate municipal, state, or federal court, located closest to Asheville, North Carolina. Should the Release Parties need to retain counsel to enforce the provisions hereof, the prevailing party in any such action shall be entitled, in addition to any other relief, to recover his, her, or it’s attorney’s and expert’s fees.