Horsepower for Heroes

SHIFT SOCIETY 305 — EVENT PARTICIPATION, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND LIKENESS RELEASE AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY BEFORE AGREEING. THIS IS A LEGAL CONTRACT GOVERNED BY FLORIDA LAW. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE AND YOUR RIGHT OF PUBLICITY UNDER FLORIDA STATUTES § 540.08. DO NOT CHECK THE AGREEMENT BOX ON THE REGISTRATION FORM UNLESS YOU HAVE READ AND UNDERSTOOD EVERY SECTION OF THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ANY PART OF THIS AGREEMENT, DO NOT REGISTER FOR THE EVENT. By submitting the registration form on this page, I, the undersigned participant ("I", "me", "my", or "Participant"), acknowledge and agree as follows. 1. THE EVENT I understand that I am registering for the event identified on the registration page (the "Event"), organized by Shift Society 305, a charitable program of TheLevelTeam LLC, a Florida limited liability company ("Shift Society"). The Event includes, but is not limited to: automotive displays and exhibits; the operation, demonstration, and movement of motor vehicles by Shift Society and third parties; driving simulators; food and beverage service by independent vendors; live music and entertainment; charitable activities; law enforcement appreciation activities; and other event-related activities held on the Event premises (the "Premises"). 2. ASSUMPTION OF INHERENT RISK I understand and freely accept that participation in the Event, including being present on the Premises, exposes me and any guests for whom I am responsible to inherent and unavoidable risks, some of which may not be reasonably foreseeable. I acknowledge that these risks are an integral part of the Event and that no amount of care, caution, instruction, or expertise can eliminate them. These risks include, without limitation: (a) serious bodily injury, illness, disability, permanent paralysis, or death; (b) damage to or total loss of personal property, including but not limited to motor vehicles, electronics, clothing, jewelry, and other personal effects; (c) collisions, mechanical failures, fire, explosion, fluid spills, projectiles, and falling objects involving motor vehicles operated by Shift Society, by third parties, or by me; (d) slip-and-fall, trip-and-fall, and crowd-related injuries on the Premises, including without limitation injuries arising from transitory foreign substances on a floor or walking surface as contemplated by Florida Statutes § 768.0755; (e) exposure to weather, including heat exhaustion, sunburn, dehydration, hypothermia, lightning, and severe wind; (f) exposure to noise, fumes, exhaust, fuels, and other byproducts of motor vehicle operation; (g) exposure to communicable diseases, viruses, bacteria, foodborne illness, and food allergens, including but not limited to those transmitted by other attendees, sponsors, vendors, food vendors, surfaces, or shared items; (h) injury or loss resulting from the acts or omissions of other participants, spectators, sponsors, vendors, contractors, law enforcement officers, or third parties; and (i) injury or loss resulting from the ordinary or gross negligence of any of the Released Parties identified in Section 4 below, to the fullest extent permitted by Florida law. I voluntarily, knowingly, and expressly assume full responsibility for all such risks, both known and unknown, and for any injury, illness, death, damage, or loss I may suffer as a result of my participation in or presence at the Event. 3. ACKNOWLEDGMENT OF FLORIDA LAW I acknowledge that this Agreement is governed by Florida law and that I have been given a meaningful opportunity to read and understand it. I specifically acknowledge the following: (a) Under Sanislo v. Give Kids the World, Inc., 157 So. 3d 256 (Fla. 2015), a properly drafted release of liability is enforceable in Florida even where it does not contain the specific word "negligence," provided the intent to release is clear and unequivocal. This Agreement uses the word "negligence" expressly so that no ambiguity exists. (b) Under Florida Statutes § 768.81, Florida applies a modified comparative negligence standard, and a claimant whose own fault is greater than 50 percent of the total fault is barred from recovery. I acknowledge this standard. (c) Under Florida Statutes § 95.11(4)(a), as amended by Chapter 2023-15, Laws of Florida, the statute of limitations for negligence claims arising in Florida is two (2) years from the date of injury. I acknowledge this limitation. (d) Under Florida Statutes § 768.36, no person who is impaired by alcohol or drugs to the extent that their normal faculties are impaired and who is more than 50 percent at fault may recover damages. I acknowledge this bar. 4. RELEASE OF LIABILITY AND COVENANT NOT TO SUE In consideration of being permitted to register for and attend the Event, and for other good and valuable consideration the receipt and sufficiency of which I acknowledge, I, on behalf of myself, my heirs, my spouse, my children, my parents, my guests, my personal representatives, executors, administrators, successors, and assigns, hereby fully and forever RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the following parties (collectively, the "Released Parties"): (a) Shift Society 305 and TheLevelTeam LLC, a Florida limited liability company; (b) The owners, operators, managers, lessees, and lessors of the Premises; (c) All sponsors, partners, charitable beneficiaries, law enforcement organizations, and co-presenters of the Event; (d) All food vendors, beverage vendors, retail vendors, and independent contractors operating at the Event; (e) All third-party vehicle owners, drivers, exhibitors, simulator operators, and performers participating in the Event; (f) All security personnel, medical personnel, volunteers, staff, and law enforcement officers working at or assigned to the Event; (g) The City of Miami, Miami-Dade County, the State of Florida, and any of their respective departments, agencies, officers, and employees, but only to the extent that any such entity is acting in its official capacity at the Event and only as permitted by Florida sovereign immunity law; and (h) The respective parent companies, subsidiaries, affiliates, owners, shareholders, members, managers, partners, officers, directors, employees, agents, representatives, insurers, successors, and assigns of each of the foregoing. This Release applies to any and all claims, demands, causes of action, lawsuits, damages, costs, expenses, and attorneys' fees of any kind whatsoever, whether known or unknown, foreseen or unforeseen, arising from or in any way connected with my registration for, participation in, presence at, or travel to or from the Event, INCLUDING WITHOUT LIMITATION CLAIMS ARISING IN WHOLE OR IN PART FROM THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW. I acknowledge that this Release does NOT extend to claims arising from the gross negligence, intentional misconduct, or willful and wanton conduct of any Released Party, as Florida law does not permit pre-injury releases of such conduct. 5. INDEMNIFICATION AND HOLD HARMLESS I agree to indemnify, defend, and hold harmless each of the Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs through all trial and appellate levels) brought by any person or entity arising out of or related to: (a) my acts or omissions at the Event; (b) my breach of this Agreement; (c) any injury, damage, or loss I cause to another person, vehicle, or property at the Event; or (d) any claim brought by a third party on my behalf or on behalf of anyone claiming through me, including my heirs, spouse, children, parents, guests, and assigns. 6. PERSONAL PROPERTY I acknowledge that I am solely responsible for the security and condition of my personal property, including any motor vehicle I bring to or operate on the Premises. The Released Parties are not responsible for loss, theft, vandalism, or damage to any personal property, regardless of cause, and I waive any claim against the Released Parties for such loss. 7. PHOTO, VIDEO, AND LIKENESS RELEASE — EXPRESS WAIVER OF FLORIDA STATUTES § 540.08 I expressly grant to (a) Shift Society 305 and TheLevelTeam LLC, (b) every other person, entity, sponsor, vendor, exhibitor, contractor, broadcaster, photographer, videographer, journalist, social media creator, and attendee physically present on the Premises during the Event, and (c) the licensees, assigns, and successors of each of the foregoing (collectively, the "Media Releasees"), the irrevocable, perpetual, royalty-free, fully paid-up, worldwide, sublicensable, and transferable right and permission to photograph, film, audio-record, video-record, live stream, broadcast, and otherwise capture my image, voice, name, likeness, biographical information, performance, vehicle, and any other identifiable attribute at the Event, and to use, reproduce, edit, modify, adapt, publish, exhibit, distribute, display, transmit, and create derivative works from such recordings in any and all media now known or hereafter developed, throughout the universe in perpetuity, for any purpose whatsoever, including without limitation editorial, journalistic, documentary, commercial, advertising, marketing, fundraising, promotional, social media, sponsorship activation, broadcast, and merchandising uses. I expressly and knowingly WAIVE any and all rights I may have under Florida Statutes § 540.08 (the "Florida Right of Publicity Statute") and any analogous statute or common law principle in any jurisdiction, including any right to control, approve, license, or be compensated for the commercial or non-commercial use of my name, portrait, photograph, voice, or likeness in connection with the Event or any recording made at the Event. I acknowledge that I have no expectation of privacy with respect to my appearance or conduct at the Event. I waive any right to inspect, approve, or be compensated for any such recording or use, whether made by Shift Society or by any other Media Releasee, and I release each Media Releasee from any claim of defamation, false light, invasion of privacy, misappropriation of likeness, or violation of any right of publicity arising from the use described in this Section 7. I understand that recordings made at the Event may be widely distributed on social media and the internet, that I cannot control how such recordings are used or shared after the fact, and that I voluntarily accept this risk as a condition of attending the Event. 8. MEDICAL AUTHORIZATION In the event of a medical emergency, I authorize the Released Parties and any on-site medical personnel, paramedics, or emergency responders to administer or arrange for emergency medical treatment for me at my own expense. I represent that I am physically able to participate in the Event and that no medical condition prohibits my participation. I acknowledge that the Released Parties are not responsible for any medical or ambulance expenses I incur as a result of attending the Event, and that any such expenses are my sole responsibility, subject to my own personal health insurance, automobile no-fault personal injury protection ("PIP") coverage as required by Florida Statutes § 627.736, or other applicable coverage. 9. CODE OF CONDUCT AND REMOVAL I agree to conduct myself in a safe, lawful, and respectful manner at all times during the Event. I agree to comply with all rules, instructions, and directions issued by Shift Society staff, security, law enforcement, and Premises management. I understand that Shift Society reserves the right, in its sole and absolute discretion, to refuse entry to or remove from the Premises any person who fails to comply with this Code of Conduct, who poses a safety risk, who engages in disorderly or threatening behavior, or who damages property, without refund and without further notice or process. 10. NO ALCOHOL OR DRUG IMPAIRMENT — DRIVING PROHIBITION I agree that I will not operate any motor vehicle on the Premises while under the influence of alcohol, cannabis, or any other substance that impairs my normal faculties, as that term is used in Florida Statutes § 316.193. I acknowledge that operating a motor vehicle while impaired is a crime under Florida law and may also expose me to civil liability under Florida Statutes § 768.36, which bars recovery by impaired plaintiffs who are more than 50 percent at fault. I acknowledge that violation of this section voids any limitation on liability that would otherwise protect me as a Participant under any applicable doctrine. 11. INSURANCE ACKNOWLEDGMENT I acknowledge that the Released Parties do not provide accident, health, automobile, or property insurance coverage for me or my property at the Event. I am solely responsible for maintaining any insurance I deem appropriate, including PIP coverage as required by Florida law for motor vehicles operated in Florida. 12. INDEPENDENT VENDORS AND SPONSORS I understand that food vendors, beverage vendors, retail vendors, sponsors, exhibitors, and other independent contractors at the Event are not employees, partners, joint venturers, or agents of Shift Society 305 or TheLevelTeam LLC. Any transaction, interaction, or agreement I conduct with such a vendor, sponsor, or contractor is solely between me and that party, and the Released Parties have no liability for the products, services, conduct, food safety, food allergens, or omissions of any such party. 13. MINORS If I am the parent or legal guardian of a minor child who is attending the Event with me, I acknowledge that I am signing this Agreement on behalf of myself and on behalf of that minor child, with full legal authority to do so. I represent and warrant that I have the legal right to bind that minor child to the terms of this Agreement, including the release of liability in Section 4 and the likeness release in Section 7. I rely upon and invoke Florida Statutes § 744.301(3), which authorizes a parent or natural guardian to release a commercial activity provider from liability for inherent risks of the activity. I acknowledge that any minor child for whom I am responsible remains under my supervision at all times during the Event, and I assume full responsibility for that minor child's safety and conduct. 14. GOVERNING LAW, VENUE, AND JURISDICTION This Agreement is governed by, construed under, and enforced according to the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising from or relating to this Agreement, the Event, or my participation in the Event shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and I irrevocably consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum. 15. SEVERABILITY If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, invalid, or contrary to Florida law or public policy, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement remain in full force and effect. The parties expressly intend that this Agreement shall be enforced to the fullest extent permitted by law, and that any unenforceable provision shall not invalidate the remainder of the Agreement. 16. NO ORAL MODIFICATION; ENTIRE AGREEMENT This Agreement constitutes the entire agreement between me and Shift Society 305 with respect to the Event and supersedes any prior oral or written agreements, representations, or understandings. No modification of this Agreement is valid unless made in writing and signed by an authorized representative of Shift Society 305. No oral statement by any Shift Society representative, sponsor, vendor, or staff member shall modify this Agreement. 17. ELECTRONIC SIGNATURE I acknowledge that by checking the agreement box on the registration form and submitting that form, I am providing my electronic signature to this Agreement under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), 15 U.S.C. § 7001 et seq., and the Florida Electronic Signature Act, Florida Statutes § 668.50. My electronic signature has the same force and effect as a handwritten signature, and this Agreement is enforceable against me in the same manner as a paper agreement. 18. ACKNOWLEDGMENT OF UNDERSTANDING I have read this entire Agreement. I understand its terms. I understand that by checking the agreement box on the registration form and submitting that form, I am giving up substantial legal rights, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES EVEN FOR THEIR OWN ORDINARY NEGLIGENCE, AND THE RIGHT OF PUBLICITY UNDER FLORIDA STATUTES § 540.08. I am at least 18 years of age and legally competent to enter into this Agreement, OR I am the parent or legal guardian of a minor participant and I am signing on behalf of that minor with full authority to do so under Florida Statutes § 744.301(3). I sign this Agreement freely and voluntarily, without any inducement, assurance, or guarantee from any Released Party. I have had the opportunity to ask questions and to consult with legal counsel of my own choosing if I wished to do so.