This General Release and Waiver of Liability Form is mandatory. We cannot send your airline tickets until we receive all of your forms, including your signed Waiver Form. By entering your name below in this online form and checking the box, you are acknowleding acceptance of this Waiver and Liability.
I. ACKNOWLEDGEMENT OF RISKS. I, the undersigned participant (“the Participant”), acknowledge and understand that my participation in the Ben Tire Breathless Cabo program (“the Trip”), and such other related excursions, activities, or programs engaged or entered into by me in connection with the Trip, may involve risk of harm, injury, disability, serious bodily injury and/or death, and loss of or damage to my personal property. I further acknowledge that it is my decision, and my decision alone, to participate in the Trip and any other Trip-related activities, and I accept the risks outlined above with full knowledge and awareness of such risks.
II. GENERAL RELEASE AND WAIVER OF LIABILITY. In consideration of my participation in the Trip and other Trip-related activities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant, on the Participant’s behalf, and on behalf of the Participant’s heirs, successors or assigns, administrators and personal representatives, does hereby COVENANT NOT TO SUE, FULLY RELEASE AND FOREVER DISCHARGE (i)BenchMark Incentives (ii) Ben Tire and each of their respective direct and indirect subsidiaries, affiliates, partners and related entities, (iii) each of their respective directors, officers, employees, agents, insurers, attorneys, shareholders and representatives, and (iv) each predecessor, successor, and assign thereof, from and against any and all actions, charges, claims, losses, costs, damages, expenses (including attorney’s fees and expenses) and liabilities of any kind or character, whether known or unknown, in connection with, arising out of or in any way related to the participant’s participation in the Trip and any other Trip-related activities, including without limitation (i) Participant’s air or land travel to and from the airport and/or the hotels in Cabo San Lucas, (ii) Participant’s engagement or participation in any activities while in Cabo San Lucas, and (iii) Participant’s engagement or participation in any Trip-related excursions, activities, or programs, including but not limited to claims of negligence or wrongdoing, personal injury or harm (including serious bodily injury and/or death), and property damage or loss of any kind or nature.
III. AGREEMENT TO TERMS AND CONDITIONS. Participant represents that Participant (i) has read the foregoing General Release and Waiver of Liability, (ii) has been given an opportunity to ask questions about its contents and/or seek the advice of an attorney, (iii) fully understands its contents and the waiver of Participant’s legal rights contained therein, (iv) understands that the general release is intended to be as broad as permitted by law, and (v) voluntarily, and without any inducement, agrees to the terms and conditions set forth therein.
By entering your name below and checking the box below you agree to the above terms for yourself and any traveling companion.