CERTIFICATION, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION AGREEMENT
Issued by: RAM Software, LLC and the RAM Rally Organizers
I, as a team member, take full responsibility for my team and agree to the following:
(a) Motorcycling, riding motorbikes, spectating, or being in the vicinity of motorbike riding ("Activities") are inherently dangerous recreational activities. I acknowledge that I am entering motorcycle groups and events ("Groups and Events") and participating in the Activities mentioned herein at my own risk. I recognize the risks and hazards associated with the Activities, including but not limited to motor vehicle accidents, collisions, other persons at the event acting dangerously or with lack of skill, high levels of noise exposure, harmful acts committed by persons attending Activities, or events, and the potential for injury, psychological trauma, illness, disability, death, or loss and damage to my person or belongings.
(b) Each of the Activities is a "dangerous recreational activity" and the associated risks, including but not limited to those referred to in paragraph (a) above, are "obvious risks". As such, RAM Software, LLC and RAM Rally organizers cannot be held liable in negligence for harm suffered as a result of any such risks engaged in by the person suffering harm.
(c) Myself and my team members possess the necessary physical fitness, skill, and experience to undertake the Activities, events, and challenges competently and safely.
(d) Neither I nor my team members suffer from any medical conditions that might prevent or impede our competent and safe participation in the Activities, events, and challenges.
(e) I understand that myself and my team members are prohibited from being under the influence or in possession of alcohol or drugs during the Activities, events, and challenges. I accept full responsibility for any injury, loss, or damage suffered by me or any other person arising from my or their consumption.
(f) Myself and my team members are solely responsible for our health and safety during the Activities, events, and challenges, including but not limited to our hydration, nutrition, and sun protection.
(g) Myself and my team members accept the conditions of the Activities, events, and challenges as they stand, with all or any defects, whether hidden or exposed. These conditions may change without warning, and there may be no adequate facilities or transport if I am injured.
(h) If I am injured or fall ill, I authorize my team members, at my own expense, to take whatever steps are necessary in their judgment to provide first aid and seek medical attention for me. I agree to indemnify my team and hold it harmless from any decisions made in good faith.
(i) Myself and my team members bear sole responsibility for our personal property during the Activities, events, and challenges.
(j) Myself and my team members bear sole responsibility for the repair, safety, and working order of the motorcycles we ride or other equipment used during the Activities, events, and challenges.
(k) Myself, my team members, executors, administrators, heirs, next-of-kin, successors, and assigns waive and release all claims we may have against RAM Software, LLC and RAM Rally organizers, including any or all claims for injury, death, trauma, illness, disability, loss or damages arising from our participation in the Activities, events, and challenges, together with any costs (including legal fees) that may result. This Liability Waiver and release includes any harm that may be caused by any act, omission, or negligence.
(l) Myself, my team members, executors, administrators, heirs, next-of-kin, successors, and assigns indemnify and hold RAM Software, LLC and RAM Rally organizers harmless against any claim that any of us may assert, and against any related costs (including legal fees).
(m) Myself and my team members indemnify RAM Software, LLC and RAM Rally organizers against any claim brought by a third party arising out of our negligence or any act or omission.
(n) RAM Software, LLC and RAM Rally organizers will not be liable to me for any special, incidental, punitive, indirect, or consequential damages, whether based on breach of contract, tort, negligence, or any other legal theory.
(o) Any dealings I or my team members have with RAM Software, LLC and RAM Rally organizers, including any claim asserted, are governed by the exclusive jurisdiction of the laws of Canada and the local, provincial, and federal government where I will be riding.
(p) I agree to this Liability Waiver either prior to or as soon as possible before participating in any Activities, events, or challenges.
(q) I grant RAM Software, LLC and RAM Rally organizers, its representatives, and its employees the right to take photographs and video recordings of me, my team members, and our participation during the Activities, events, and challenges. I authorize RAM Rally, its assigns, and transferees to copyright, use, and publish the same in print and/or electronically. I agree that RAM Software, LLC and RAM Rally organizers may use such photographs and recordings of me, including any reproductions or adaptations thereof, for any legitimate purpose, including but not limited to advertising, promotion, and web content, without any remuneration to me or my team members.
(r) Motorcycles must be licensed and insured for street riding.