BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS GET HARDCORE, LLC is a partnership in the state of Texas. GET HARDCORE, LLC is doing business as YOURBIKEGANG.COM. This document references GET HARDCORE,LLC as YOURBIKERGANG.COM as they are the same entity. In consideration for being permitted on the premises of GET HARDCORE, LLC and in consideration for being permitted to participate in the demonstration, orientation, rental and operation of a Hardcore Minibike, and related activities, including but not limited to the individual operation and/ or guided tours (collectively, “Tour or Rental activities”) conducted by and at GET HARDCORE, LLC:
I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold GET HARDCORE, LLC, and its owners, officers, directors, agents, employees, affiliates, instructors, designers, licensors, and members, as well as the GET HARDCORE premises and facilities owner(s) and tenant(s), the manufacturers of the minibikes, the manufacturers and installers of the equipment and facilities which are part of and comprise the GET HARDCORE, LLC (collectively, the “Releasees”) harmless from any and all liability, damages, losses, claims or causes of action arising out of my and/or my child’s/ward’s participation in GET HARDCORE, LLC activities at GET HARDCORE, LLC including any actions, omissions and negligence arising therefrom. I further agree, on behalf of myself and my child/ward to indemnify and reimburse the Releasees for any and all costs, fees, expenses incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party,
I understand I and/or my child/ward will be engaging in recreational and sporting activities while using the GET HARDCORE, LLC. It is my voluntary and informed decision to release any future lawsuits or claims that I, any or all of us may have against the Releasees. I expressly release and forever discharge Releasees from any and all liability, claims, demands, or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me or my child/ward, while participating in any of the GET HARDCORE, LLC activities offered at the GET HARDCORE, LLC. These GET HARDCORE, LLC activities include, without limitation, the operation of, use of, riding, driving, steering, turning, backing, moving forward, stopping and starting of any minibikes, receiving instruction in the use of the minibikes, any demonstration, orientation, rental of the minibikes, whether by individual operation of and/or guided tours while on the minibikes, and any other activities in and around the GET HARDCORE, LLC tour. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any Releasees, including any negligence of Releasees, or from any other cause.
This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the minibikes, the GET HARDCORE premises and facilities in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the GET HARDCORE, LLC, facility, grounds, or any equipment, (d) instruction or supervision, or (e) slipping, tripping, falling while on the minibikes and/or bumping, tapping, or crashing into other objects while on the minibikes, whether on the premises in GET HARDCORE, LLC location, or on any other street, path, sidewalk, pavement, earth, blacktop or other surface surrounding the GET HARDCORE premises or any location. Waiver of Liability: Relating to disease and viruses, including Coronavirus/COVID-19. Viruses and diseases, such as the novel coronavirus, COVID-19, can be extremely contagious. Get Hardcore, LLC, and YourBikerGang.com cannot prevent you (or your child(ren)) from becoming exposed to, contracting, or spreading viruses or diseases such as COVID-19 while utilizing YourBikerGang.com’s services or premises. It is not possible to prevent the presence of the disease. Therefore, if you choose to utilize YourBikerGang.com’s services and/or enter onto YourBikerGang.com’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading disease and/or viruses as such COVID-19.
I have read and understood the above warning concerning viruses, disease, and COVID-19. I hereby choose to accept the risk of contracting viruses and/or disease such as COVID-19 for myself and/or my children in order to utilize YourBikerGang.com’s services and enter YourBikerGang.com’s premises. These services are of such value to me (and/or to my children,) that I accept the risk of being exposed to, contracting, and/or spreading viruses and disease, such as COVID-19, in order to utilize YourBikerGang.com’s services and premises in person.
I hereby forever release and waive my right to bring suit against Get Hardcore LLC and YourBikerGang.com and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of viruses and/or disease such as COVID-19 related to utilizing YourBikerGang.com’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
I further grant GET HARDCORE, LLC the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I certify that the information provided below with respect to birth date(s) for myself and/or my child is accurate. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY, DAMAGES OR LOSS OF ANY KIND AGAINST GET HARDCORE, LLC. IF ANY CLAIM IS MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COSTS INCURRED BY GET HARDCORE, LLC IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. This Release and parental/guardian Waiver is made in accordance with all Texas and Florida statutes. I have read the above, considered its effects, understand its content, and agree, on behalf of myself and my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ ward, or any other party, related in any way to me or my child’s/ward’s participating in the GET HARDCORE, LLC activities, and use of the GET HARDCORE, LLC equipment, facilities, and the premises. I further understand that no person has permission to participate in GET HARDCORE, LLC activities without an effective and validly signed Release and Parental/Guardian Waiver of Liability. I understand that I am voluntarily giving up my and/or my child’s/ward’s right to bring a lawsuit or claim against the above-mentioned Releasees. I further understand and accept the above risks related to the GET HARDCORE, LLC, and the GET HARDCORE, LLC activities.
I agree that, I am, my child (incl. ward) is, I and my child (incl. ward) are, voluntarily participating in the GET HARDCORE, LLC activities offered by GET HARDCORE, LLC, including but not limited to, the use of the equipment, facilities and the premises. I am assuming on behalf of myself and/or my child/ward, all risk of personal injury, death, or disability to myself and/ or my child/ward that may result from participation in GET HARDCORE, LLC activities and all risk of any damage, loss or theft of any personal property which me and/or my child/ward may incur from being permitted on the premises and participation in GET HARDCORE, LLC activities. I understand that the GET HARDCORE, LLC has, and the GET HARDCORE, LLC activities have, inherent/natural and unforeseen potential for risks of injury, damage or loss, which include but are not limited to those caused by equipment, facilities, sidewalks, weather conditions, street conditions, condition of the rider, equipment, pedestrians, traffic, or the actions of other people including bystanders. I agree that I have fully explained these risks to my child/ward. In addition, I agree, on behalf of myself and my child/ward, to assume and bear responsibility to pay or reimburse the costs and expenses associated with repair of any injury or damage to the premises, property, facilities and equipment of GET HARDCORE, LLC caused by my and/or my child/ward’s participation in the GET HARDCORE, LLC activities.