1 Hotel Nashville

















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Release and Waiver of Liability, 

Assumption of Risk and Indemnity Agreement

IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the TEST DRIVE(S), THE UNDERSIGNED, both personally, as well as for my personal representatives, heirs, and next of kin:

1. Acknowledges, agrees, and represents that I have and will continuously thereafter, exercise caution in the TEST DRIVE AREAS which I enter, and I further agree and warrant that, if at any time, I am in or about TEST DRIVE AREAS and I feel anything to be unsafe, I will immediately advise the officials of such and, if so required by the officials, will (i) leave the TEST DRIVE AREAS and/or (ii) end participation in the TEST DRIVE(S).

2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE any persons in any TEST DRIVE AREA, sponsors, advertisers, owners and lessees of premises used to conduct the TEST DRIVE(S), premises and Test Drive inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or TEST DRIVE(S) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, more specifically also Volkswagen Group of America, SH Group Hotels & Residences U.S., L.L.C., the owner of the hotel property which provides the vehicle, and each of their parents, subsidiaries, affiliates, divisions agents and their respective officers, directors, successors, assigns and employees (“Releasees”) from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, charges and expenses, including without limitation, fees and expenses of legal counsel and expert witnesses, which may be imposed upon or incurred by or asserted against directly or indirectly the Releasees, or any of them, by reason or actual or alleged personal injuries, property damage, exposure to COVID-19, wrongful death or any other damages resulting from or occurring during the use of the vehicle.

3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM AND AGAINST ANY LOSS, LIABILITY, DAMAGE, OR COST (including attorneys’ fees) they may incur arising out of or related to the INJURY OR DEATH OF THE UNDERSIGNED, PASSENGERS IN THE VEHICLE OR THIRD PARTIES AND/OR PROPERTY DAMAGE INCURRED BY ANY OF THE FOREGOING IN CONNECTION WITH USE OF THE VEHICLE.

4. HEREBY EXPRESSLY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the TEST DRIVE(S), INCLUDING BODILY INJURY, DEATH OR PROPERTY DAMAGE CAUSED TO THIRD-PARTIES OR PASSENGERS in connection with use of the vehicle.

5. HEREBY acknowledges that the nature of the vehicle’s use has been made clear to the Undersigned, who represents and agrees I am aware the vehicle use presents a likelihood of strenuous physical exertion and a significant possibility of injury, death or property damage. My participation in the vehicle use is entirely my choice and is strictly voluntary.

6. HEREBY agrees that I am fully responsible for the care of the vehicle while it is in my possession and agree to return it in the same condition that it was in when I received it. I accept the vehicle as-is with no warranties, express or implied. I agree and acknowledge that the vehicle is not my property and I do not own any title to it, and if it is lost, destroyed or damaged beyond repair, I agree to pay the full value of the vehicle. Any repairs needed as a result of my use of the vehicle shall be paid by me (or promptly reimbursed by me if paid by any of the Releasees, at their option).

7. HEREBY further represents and warrants that I am 25 years of age or older and possess a current and valid Driver’s License issued by the respective state of my residence, and further represent and warrant that I:
(a) understand how to operate the vehicle and will always operate the vehicle in a safe manner, observing all traffic laws and staying on the designated route;
(b) will be responsible for any fines or penalties involving the vehicle including fines or penalties for parking, traffic or other violation of any Federal, state or local law incurred as a result of Drivers operation of a vehicle while in use;
(c) will wear my prescription eyewear, if any, throughout participation in the vehicle use;
(d) possess the skill, knowledge, confidence and experience to operate the vehicle, and have had the opportunity to ask questions regarding the operation of this vehicle, including being given a full review of the vehicle functions;
(e) have valid and correct Automobile Liability Insurance in at least the minimum amounts required by the State in which I will be operating the vehicle and I understand and agree that my insurance will be primary in the event of any claims;
(f) at all times while participating in the use of the vehicle, I will not be under the influence of alcohol, illegal substances, or any other intoxicants or legal drugs which could adversely affect my ability to properly operate an automobile;
(g) will always properly wear occupant safety restraints, and ensure that any other occupants in the vehicle wear their safety restraints, including any child safety seats if necessary;
(h) understand and agree that no pets (except for Service Animals as defined by the Americans with Disabilities Act (“ADA”)) or smoking are permitted in the vehicle and I will be responsible for any damage incurred, in addition to a cleaning fee in the amount of $450 if it is determined by the hotel property which has provided me the vehicle (in its sole and absolute discretion) that there was smoke and/or pets in the vehicle (except for Service Animals as defined by the ADA, in which case the fees for property damage and cleaning will only be charged if the Service Animal caused damage to the vehicle). If I wish to bring a Service Animal into the vehicle, I understand and agree that I must be responsible for controlling the actions of the Service Animal at all times, and ensuring that the Service Animal does not cause property damage; and
(i) understand and agree that if the vehicle is not returned within the two-hour window permitted by the hotel property which provides the vehicle, I will be charged $350 for my failure to comply with this requirement plus an additional $100 for each additional hour that I fail to return the vehicle beyond the two-hour permitted time frame.
8. HEREBY authorize the owner of the hotel property which provides the vehicle and/or SH Group Hotels & Residences U.S., L.L.C. to charge my credit card on file (which was provided in connection with my hotel room reservation), without any prior notification, to cover all liabilities, obligations, losses, damages, penalties, or expenses which may be imposed upon or incurred by or asserted against the Releasees in connection with my use of the vehicle.

9. HEREBY agrees that that this Release and Waiver of Liability is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Test Drive(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

10. HEREBY acknowledges that the undersigned has the right to negotiate the terms and conditions of this release agreement but by signing below hereby waives such right.

Any dispute arising under this Agreement shall be construed under the laws of the state where the hotel property is located, without regard to its conflicts of law provisions.

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made. The Undersigned agrees I have asked any questions about this document, and all such questions have been answered to my satisfaction. I am executing this document knowingly and voluntarily.

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