Terms & Conditions
Website Click Agreement
IMPORTANT: Click the “Accept” button only if you have read and understand this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND RIGHTS AGREEMENT and agree to be bound by all of the terms and conditions set forth in this Agreement.
If this Agreement is not acceptable to you, click the “Do Not Accept” button and do not download the video.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY AND RIGHTS AGREEMENT (“Release”)
IN CONSIDERATION OF Build-A-Hog, Inc., including their members, employees, officers and/or agents (the “Released Parties”), granting me the right to purchase and/or download the video entitled ______ (“Video”) which provides instructions, guidelines, and other information for repairing, fixing, and maintaining Harley Davidson motorcycles (collectively “Activities”), I, my personal representatives, heirs, executors, administrators, assigns, and next of kin, hereby release, discharge AND COVENANT NOT TO SUE OR ASSERT ANY OTHER TYPE OF ACTION OR CLAIM in any court, agency, or any other forum against, Released Parties FOR ANY AND ALL CLAIMS, LIABILITIES, SUITS, DEMANDS, COSTS, EXPENSES AND ACTIONS OF ANY KIND WHATSOEVER WHICH I, MY PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND NEXT OF KIN MAY HAVE ARISING FROM OR IN CONNECTION WITH THE VIDEO AND THE ACTIVITIES DESCRIBED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY PROPERTY DAMAGE, PERSONAL INJURIES, DISABILITY, DEATH OR OTHER DAMAGE SUFFERED BY ME, MY PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND NEXT OF KIN OR ANY OTHER PARTY, WHETHER CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OR WRONGDOINGS, STRICT LIABILITY OR FAULT OF THE RELEASED PARTIES OR OTHERWISE.
I fully understand and acknowledge that: (a) there are DANGERS AND RISK OF INJURY, DAMAGE, OR DEATH that exist in my use of motorcycles and motorcycle equipment, and motorcycle riding, and my reliance on the information provided in the Video; (b) my reliance on the information provided in the Video and my participation in the Activities may result in injury or illness including, but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, other ailments that could cause serious disability, or death; (c) these risks and dangers may be caused by the negligence of the Released Parties; the negligence of others, including other motorcycle or vehicle operators and pedestrians or others persons on the roadways; and may arise from foreseeable or unforeseeable causes; and (d) by relying on the information provided in the Video and participating in the Activities and/or using the motorcycles, I, on behalf of myself, my personal representatives, heirs, executors, administrators, assigns, and next of kin, hereby assume all risks and all responsibility, and agree to release the Released Parties for any injuries, losses and/or damages, including those caused solely or in part by the negligence of the Released Parties, or any other person. I also agree that this release applies to any damage that occurs to any motorcycle owned, used or ridden by me.
I agree and understand that, on behalf of myself, my personal representatives and my heirs, I am relinquishing any and all rights I now have or may have in the future to sue the Released Parties for any and all injury, damage, or death I may suffer arising from motorcycle riding or its equipment, including my use of or reliance on the information provided or Activities described in the Video and my participation in the Activies, including claims based on the Released Parties’ negligence.
I HAVE READ THIS RELEASE AGREEMENT AND BY ACCEPTING BELOW I AGREE IT IS MY INTENTION TO ASSUME ALL RISKS AND RELEASE THE RELEASED PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
I have had the opportunity to ask any and all questions about the foregoing Release and I understand its terms and meaning.
I warrant and represent that MY USE OF OR RELIANCE ON THE INFORMATION PROVIDED OR ACTIVITIES DESCRIBED IN THE VIDEO AND MY PARTICIPATION IN THE ACTIVITIES IS WHOLLY VOLUNTARY, and that I am fully aware of the inherent hazards, dangers and risks involved, including SERIOUS INJURY AND/OR DEATH. I agree to assume all risks associated with relying on and/or participating in the Activities, including, but not limited to, motorcycle and/or vehicular accidents, falls, contact with pedestrians, spectators or others, the effects of the weather, traffic and the conditions of the road, all such risks being known and appreciated by me. I further acknowledge that there may be other natural factors and occurrences, which may impact on or affect the safety of the Activities, including my own negligence and/or failure to follow the instructional information provided in the Video, and I assume the risk of such factors and occurrences.
I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL RIGHTS, LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS) OF ANY KIND WHATSOEVER WHICH ANY OTHER PARTY MAY HAVE BY REASON OF ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE VIDEO AND/OR MY USE OF OR RELIANCE ON THE INFORMATION PROVIDED OR ACTIVITIES DESCRIBED IN THE VIDEO OR MY PARTICIPATION IN THE ACTIVITIES, INCLUDING, WITHOUT LIMITATION ANY PROPERTY DAMAGE, PERSONAL INJURIES, DISABILITY, DEATH OR OTHER DAMAGE SUFFERED BY ANY OTHER PARTY, WHETHER CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR FAULT OF THE RELEASED PARTIES OR OTHERWISE.
I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH AND/OR PROPERTY DAMAGE arising from or in connection with the Video and/or Activities, WHETHER CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
I understand and acknowledge that the Released Parties have not arranged for and do not carry insurance of any kind for my benefit or that of my personal representatives, heirs, executors, administrators, assigns, and next of kin relative to my use of or reliance on the information provided or Activities described in the Video or my participation in the Activities.
I hereby agree that this Release extends to all acts of negligence or wrongdoing by the Released Parties, and is intended to be as broad and inclusive as is permitted by the laws of the State in which the Video is produced, sold and/or purchased, and the Activities are conducted by me, and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I warrant and represent that I: (i) am the owner of all rights granted hereunder or have been duly authorized by the owner of such rights to grant same and (ii) am at least eighteen (18) years of age. I further represent that I HAVE READ AND HAVE UNDERSTOOD ALL OF THE PROVISIONS OF THE FOREGOING RELEASE AND AGREE TO BE BOUND BY ALL OF THEM. I understand that I have given up substantial rights by accepting this Release and have accepted it freely and voluntarily without any inducement, assurance or guarantee being made to me and I INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE of all liability to the greatest extent allowed by law.