PICKMAN Test Drive Waiver

THE FOLLOWING IS A LEGALLY BINDING DOCUMENT. PLEASE READ IT CAREFULLY. SUBMITTING YOUR TEST DRIVE REQUEST FORM INDICATES YOUR CONSENT TO THIS AGREEMENT TO PARTICIPATE IN A TEST DRIVE(S) THROUGH THE PICKMAN TEST DRIVE PROGRAM.

WAIVER OF LIABILITY, RELEASE AND INDEMNITY AGREEMENT 

(this "Agreement")

Pickman Inc, with its affiliates and vendors, through its website(s), various exhibitions and expos provides me with the opportunity to contact them and schedule and participate in test driving (the "Test Drive(s)") of one or more vehicles (collectively, the "Vehicles") on public streets or private courses. I have voluntarily requested a Test Drive(s). In consideration of being permitted to participate in Test Drive(s) scheduled through the Service, and intending to legally bind myself, and my family, heirs, administrators, executors, personal representatives and assigns, I voluntarily and knowingly agree:

1. to irrevocably, unconditionally and fully waive any claim for, and release and forever discharge Pickman Inc; the Dealer providing the Test Drive vehicle(s) and services to me; and all their respective parent companies, subsidiaries, affiliated entities, predecessors, successors and assigns; and all of their respective affiliates, subsidiaries, shareholders, directors, officers, members, employees, representatives, contractors and agents (collectively the "Test Drive Service Providers") from all actions, causes of actions, complaints, suits, debts, costs, claims, losses, damages and demands whatsoever, which I, and anyone acting through, by or on my behalf, now has, or may have in the future, arising or alleged to arise in any way out of any cause, matter or thing relating to the Test Drive(s), or my participation in the Test Drive(s), regardless of the cause or blame, including, without limitation, any negligent act or omission of the Test Drive Service Providers or any of them;

2. to indemnify, defend and hold the Test Drive Service Providers, and each of them, harmless from any claims, lawsuits, liabilities, damages or losses, including, without limitation, attorneys' fees and repair to damaged vehicles, resulting from automobile damage, automobile injury, bodily injury, death or property damage which I may cause to myself or others while participating in the Test Drive(s), or which arise from or relate to my scheduling the Test Drive(s), regardless of the cause or blame;

3. that the Vehicles will be under my custody and control during the Test Drive(s) and I expressly agree that the waivers, releases and indemnities contained in this Agreement specifically apply, without limitation, to my use of the and to any failure, malfunction, malfunction or non-function of the Vehicles or related equipment;

4. that the Vehicles may be equipped with a global positioning system device that may enable the Test Drive Service Providers to track the location of such Vehicles at all times during the Test Drive(s) and that the Vehicles may be equipped with an embedded telematics device which receives global positioning system signals and communicates with Pickman Inc and will enable Pickman Inc at all times to collect, monitor, and retain an electronic or other record of certain information including, but not limited to, the Vehicles' description, location, speed, direction of travel, time of travel, mechanical condition or incidents involving the Vehicles, operating performance data, and information obtained in connection with the use of the telematics services or device;

5. that THE TEST DRIVE(S) IS/ARE INHERENTLY DANGEROUS and that there is a DANGER OF SERIOUS BODILY INJURY OR DEATH; I appreciate and voluntarily assume the inherent risks of participating in the Test Drive(s) and I assume full responsibility for all risk of injury, death, property damage or any other form of injury or damage to or caused by me or others arising out of, relating to the Test Drive(s), or participation in the Test Drive(s), regardless of who is at fault;

6. to waive, to the maximum extent permitted by law, any statute, ordinance, regulation or requirement of any state or province to the effect that the general release herein does not extend to claims which I did not know or suspect existed at the time I signed this Agreement, which, if I had known, may have materially affected my decision to sign this Agreement; rather, I expressly agree that all such claims or damages are hereby waived and released to the maximum extent permitted by applicable law; and I expressly waive whatever benefits I may have any equivalent applicable law of any state which provides that:

   
   

   "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." ;

   
   

7. that while participating in the Test Drive(s), I will act reasonably and cautiously and I will be on the lookout for dangerous situations; that I will leave any area that I perceive as unsafe; that I will inform the Test Drive Service Providers' personnel if I detect anything that I consider to be unsafe; that I will refuse to participate in any activity I deem unsafe; and that I will immediately leave any area I deem unsafe and will not return;

8. that, if I am injured while participating in the Test Drive(s), I hereby authorize the Test Drive Service Providers to administer, or cause to be administered, any first aid or other treatment perceived as necessary under the circumstances, including treatment by a doctor or hospital of the Test Drive Service Providers' choice; that any injuries I receive may be compounded, multiplied or enlarged by negligent rescue operations or procedures; and that I expressly agree that the waivers, releases and indemnities contained in this Agreement specifically apply, without limitation, to any negligent rescue operation, treatment or selection of medical personnel or facilities;

9. that I have medical insurance or other similar insurance to cover any medical expenses associated with any accident which may occur due to my participation in the Test Drive(s);

10. that I am at least 18 years of age and that I am in good physical and mental condition and that I am not currently under the influence of, or taking, any medication, drug or other chemical or substance (expressly including any alcoholic beverages) that may impair my ability to drive a motor vehicle safely;

11. that a valid, unrestricted driver's license issued by the state or province of my residence is required to participate in the Test Drive(s), and, knowing the Test Drive Service Providers and the other participants will rely on my statement, I hereby declare that I have such a driver's license, that I am over the age of majority in my state or province of residence and that I am competent to sign this Agreement;

12. that I was given ample opportunity before signing this Agreement, to clarify, to my complete satisfaction, any questions or concerns I may have had concerning any term of this Agreement and that I fully understand each and every term hereof; and

13. that I am participating in the Test Drive(s) of my own free will and choice, and accordingly I intend to and hereby do make as broad and inclusive a waiver of liability and release as is permitted by law, fully understanding that this entire Agreement will be interpreted as broadly as possible in favor of the Test Drive Service Providers; that if any court of competent jurisdiction finds any part of this Agreement to be invalid or unenforceable, the remainder of this Agreement will continue to be valid, binding and enforceable; that this Agreement will bind me and my family, heirs, administrators, executors, personal representatives and assigns and will benefit the Test Drive Service Providers and their predecessors, successors and assigns; that this Agreement is the entire agreement between me and the Test Drive Service Providers relating to the Test Drive(s), superseding any prior agreements or understandings, written or oral, with respect to the Test Drive(s); that this Agreement shall be interpreted under the laws of the Commonwealth of Delaware, without reference to any choice of law principles; that I did not receive any promise, representation, understanding or interpretation of any term of this Agreement as an inducement to sign this Agreement; and that no officer, employee, representative, contractor or agent of any of the Test Drive Service Providers is authorized to alter or vary the terms or provisions of this Agreement or to make any representations to the contrary.

    
    

    ALL PARTICIPANTS ARE REQUIRED TO WEAR A SEAT BELT AT ALL TIMES WHEN PARTICIPATING IN THIS EVENT.

    
    

    I UNDERSTAND THAT, BY SUBMITTING A TEST DRIVE REQUEST I INDICATE MY ACKNOWLEDGMENT TO THIS AGREEMENT, I AM GIVING UP MY RIGHT TO RECOVER DAMAGES FROM OR SUE THE TEST DRIVE SERVICE PROVIDERS FOR ANY INJURY, DEATH OR DAMAGE I MAY SUFFER WHILE PARTICIPATING IN THE TEST DRIVE(S).

    
    

    I ACKNOWLEDGE AND CERTIFY THAT I HAVE READ AND UNDERSTAND THE "WAIVER OF LIABILITY, RELEASE, AND INDEMNITY AGREEMENT" AND THAT I AM AGREEING FREELY AND VOLUNTARILY.