WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT FOR
The Hunk Express LLC
1. in consideration for receiving permission to participate on The Hunk Express LLC, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, The Hunk Express LLC their officers, agents, servants, assigns or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, theft or injury, including death, to person or property, that may be sustained by me and/or other family members that are utilizing the transportation service.. I make the foregoing release WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
2. I am fully aware of the unusual risks involved and hazards connected with this activity, including but not limited to travel risks and/or road hazards. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
3. I understand that I will not be served any alcohol by Hunk Express, LLC and that to the extent that I have consumed any alcohol or other controlled or mind-altering substance, I affirm that I have the capacity and am competent to execute this waiver and am in full agreement with these terms.
4. By participating on the Hunk Express, LLC, I understand that there will be male dancer(s) on the vehicle and that the dancer(s) may or may not be fully clothed. I also understand that by boarding the vehicle, I intend to engage with the dancer(s) and I acknowledge that the engagement may include physical contact and potentially sexually suggestive comments by dancer(s).
5. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY MY NEGLIGENCE, NEGLIGENCE OF RELEASEES or otherwise.
6. I understand that The Hunk Express LLC does not maintain any insurance policy, other than fleet insurance coverage, covering any circumstance arising from my participation in this event or any activity associated with or facilitating that participation. As such, I am aware that I should review my personal insurance portfolio.
7. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind my spouse and/or other members of my family, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Tennessee. Venue shall be proper for any action related this Waiver of Liability in the state trial courts of Davidson County, Tennessee.
8. IN PURCHASING A TICKET TO BOARD AND RIDE THE HUNK EXPRESS LLC, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.