WAIVER, INDEMNIFICATION, AND RELEASE AGREEMENT

JMH, Inc., d/b/a Point S Capital City Tire and Auto and Point S J&J Tire and Auto (“JMH”) will be hosting a soapbox derby in the City of Helena, Lewis and Clark County, Montana on ​​​​​, 2023 (hereafter, the “Activity”). I acknowledge and understand that the Activity is inherently dangerous and can result in injury or death of the participant or third parties and/or damage or destruction of property.

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In consideration of my or my dependent’s/ward’s participation in the Activity, I, together with my heirs, personal representatives, administrators, and assigns, hereby release, waive, and forever discharge and promise not to sue JMH and its owners, officers, directors, employees, insurers, volunteers, and agents of any status whatsoever (collectively, “Releasees”) from all liability to me, my heirs, personal representatives, administrators, and assigns for all loss or damage, and any claim or damage therefore, on account of injury to my person, dependent, and/or ward, or property or resulting in death, whether caused by the negligence of Releasees or otherwise arising out of my or my dependent/ward’s participation in or observation of the Activity.

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I further agree to indemnify and to hold forever harmless the Releasees from all claims, loss, liability, damage, or cost Releasees may incur due to my or my dependent/ward’s presence, observation, or participation in the Activity. I hereby assume all responsibility for and risk of bodily injury, death, or property damage due to any act or omission of Releasees arising out of my or my dependent/ward’s presence, observation, or participation in the Activity. On behalf of myself and my dependent/ward, I acknowledge that I and/or my dependent/ward freely and voluntarily participates and/or observes the Activity despite the known and unanticipated risks.

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I expressly agree that this waiver, indemnification, and release agreement is intended to be as broad and inclusive as permitted by the laws of the State of Montana and that, if any part is held to be invalid, the balance shall continue in full force and effect. 

I further agree to allow Releasees to use any photographs, film, and/or other recordings of my or my dependent/ward’s participation or observation of the Activity for advertising or social media purposes, and I hereby disclaim any right or interest I or my dependent/ward may have in the same.

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By signing this agreement, I waive my and my dependent/ward’s legal right to a jury trial to hold Releasees legally responsible for any injuries or damages resulting from risks inherent in the Activity or for any injuries or damages suffered due to Releasees’ordinary negligence that are the result of Releasees’ failure to exercise reasonable care.

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​Your signature below indicates that you have read this entire agreement, understand its contents, and agree to be bound by its terms.