INDEMNITY
AND WAIVER AGREEMENT
I acknowledge and agree to accept the following by applying
for membership and understand that if I choose not to accept the following
I should not apply for membership in Diva Angels, Inc., a Florida not
for profit corporation or its chartered chapters and their respective
members, directors, employees and/or agents:
a I acknowledge that participation in this organization
and any of its events is a voluntary act, which is recreational and
naturally includes a degree of risk to personal safety and property;
I voluntarily accept that risk and assume its consequences.
b In consideration for being permitted to apply
for membership and/or for becoming a member of Diva Angels, Inc. I,
for myself, my spouse, my children, my legal representatives, heirs
and assigns hereby and for all purposes agree with Diva Angels, Inc.
as follows:
i) That Diva Angels, Inc. shall not be liable for and I hereby release,
discharge and acquit Diva Angels, Inc., for any and all claims for
loss, damage or injury of any nature whatsoever to person or property
resulting in anyway from or in any fashion arising from, connected
with or participating in membership with Diva Angels, Inc. and their
events, whether caused, in whole or in part, by negligent acts, simple
or gross, of Diva Angels, Inc., its chartered chapters and their respective
agents, members, officials, directors, servants, motorcycle owners,
drivers sponsors, advertisers, employees or otherwise ("Released Parties").
ii) That I shall indemnify Released Parties from any loss, liability,
damage, or costs that Released Parties may incur due to my actions,
participation, or presence during my membership with Diva Angels,
Inc. or their chartered chapters and the events put on by Diva Angels,
Inc. and/or its chartered events.
iii) That I assume full responsibility for the risk of bodily injury
and/or death and;/or property damage due to the negligence, simple
or gross, of Released Parties or others while participating in Diva
Angels, Inc. or its chartered chapters events.
iv) That I HEREBY RELEASE WAIVE, DISCARGE AND COVENANT NOT TO SUE,
Released Parties, from all liability to the undersigned, his/her personal
representatives, assigns, heirs and next of kin for all loss or damage,
and any claim or demands therefore, on account of injury to the person
or property or resulting in death of the undersigned, whether caused
by the negligence, gross or simple, or Released Parties or otherwise
while the undersigned is a Member of Diva Angels, Inc. or its chartered
chapters.
v) That I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY
INJURY, DEATH OR PROPERTY DAMAGE due to negligence, simple or gross,
of Released Parties or otherwise while participating as a member of
Diva Angels, Inc. or while competing, officiating in, observing, working
or for any purpose participating in event's hosted by Diva Angels,
Inc. or its chartered chapters.
c Your membership in Diva Angels, Inc. does not
in any way include or guarantee to you any insurance coverage of any
kind.
d THE APPLICANT expressly acknowledges and agrees
that the activities inherent with membership in Diva Angels, Inc. are
very dangerous and involve the risk of serious injury and/or death and/or
property damage. Knowing this I further expressly agree that the foregoing
release, waiver and indemnity agreement is intended to be as broad and
inclusive as permitted by the laws of the Sate of Florida, and that
if any portion thereof is held to be invalid, it is agreed that the
remaining portion or portions shall continue in full legal force and
effect.
By completing my membership application, and checking
the Agree box below, I AGREE THAT I HAVE READ THE ABOVE AND VOLUNTARILY
AGREE TO BE BOUND BY ALL MATTERS STATED ABOVE. I further acknowledge
that no oral representations, statements, or inducements apart from
the foregoing written agreement have been made.