I agree to the terms and conditions set forth in this Waiver of Liability, Assumption of Risk, & Media Release (this "Release")
I AM AWARE AND UNDERSTAND THAT THE EVENT IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF RIVIAN, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF RIVIAN. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE EVENT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM DRIVING OR RIDING IN THE RIVIAN VEHICLE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF RIVIAN OR OTHERWISE.
I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against Rivian, and its officers, directors, managers, employees, agents, representatives, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to participating in the Event and operating or riding in a Rivian Vehicle, whether arising out of the ordinary negligence of Rivian or any Releasees or otherwise. I covenant not to make or bring any such claim against Rivian or any other Releasee, and forever release and discharge Rivian and all other Releasees from liability under such claims. I understand that certain Rivian Vehicles have not been subject to complete testing and/or may not meet Federal Motor Safety Vehicle Standards. For California participants, this waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
IF I WISH TO OPERATE A RIVIAN VEHICLE DURING THE EXPERIENCE, I CONFIRM AND AGREE:
I will not operate any Rivian Vehicles if (i) I am under the influence of any alcoholic beverages; (ii) I have consumed or partaken in any legal or illegal mind-altering drug or substance of any kind within the 24 hour period preceding the Experience; or (iii) I am currently under the influence of any prescription or nonprescription medication of any kind which could or might impact my ability to safely operate a Rivian Vehicle.
I possess a valid, unrestricted driver’s license issued to me by the state or province of my residence, and I am at least 21 years of age and am competent to agree to this Release.
I will act reasonably and cautiously, drive within the posted speed limit and follow all laws, rules, and regulations and instructions from Rivian personnel related to operation of a Rivian Vehicle.
understand that by agreeing to this Release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Event, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I shall defend, indemnify, and hold harmless Rivian and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against Rivian or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Event, including any claims arising out of my own negligence or the ordinary negligence of Rivian.
I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Event. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
I hereby acknowledge my agreement to be bound by Rivian General Terms and Conditions contained at Rivian.com/legal/terms (the “Terms”) and the Terms are incorporated into and made part of this Release, including the Dispute Resolution – Arbitration, Class Action Waiver section of the Terms which requires arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
I hereby affirm and acknowledge that I have granted to Rivian and others working under its authority permission to photograph and take video and audio recordings of me and the minor(s) I accompany at the Experience in connection with the preparation of Rivian’s advertising and other internal and external materials (the “Materials”), and to use the products thereof (the “Photographs and Recordings”). I grant to or acknowledge the following rights of Rivian:
(1) The unrestricted ownership of and right to use, reproduce, display, distribute, transmit, and publish the Photographs and Recordings of myself and the minor(s) I accompany for any reasonable business purpose, in any medium or any form of communication or distribution now or hereafter known, including without limitation the right to maintain and distribute the Photographs and Recordings in digital or electronic form (including without limitation on Rivian’s website and on social media platforms). I understand that the Photographs and Recordings may be used in whole or in part, in modified or altered form, and separately or in conjunction with other Photographs and Recordings and other material.
(2) The nonexclusive right to use my name, likeness, and biographic material (and the name, likeness, and biographic material of the minor(s) I accompany) for advertising, trade, and any other lawful and reasonable business purposes, including without limitation the Materials and other materials in which the Photographs and Recordings are used pursuant to the rights granted above.
I agree and acknowledge that, on behalf of myself and the minor(s) I accompany, as between us, Rivian is the sole owner of all rights in and to the Materials and the Photographs and Recordings, including all copyright interests, and I acknowledge that I have no interest or ownership in the Materials or the Photographs and Recordings, or the copyrights therein. I waive any right to inspect or approve any use of the Photographs and Recordings. I understand and agree on behalf of myself and the minor(s) I accompany, that I shall receive no compensation for my permission or connection with any use of the Photographs and Recordings, now or in the future. I agree that the exercise of my rights under this Release, including any publication of the Photographs and Recordings, shall constitute full consideration for this Release.
I warrant that I am at least 18 years of age, am the parent or legal guardian of the minor(s) I accompany, that I have full authority to enter into this Release on behalf of myself and the minor(s) I accompany, and that I am not restricted from doing so by any commitments to or agreements with other parties. On behalf of myself and of the minor(s) I accompany, I hereby forever release, discharge, and indemnify Rivian and any person or entity acting under its permission or authority or for whom it might be acting, including any firm publishing the Photographs and Recordings, from any and all claims known and unknown arising out of or in any way connected with use of the Photographs and Recordings pursuant hereto, including without limitation any and all claims for invasion of privacy, right of publicity, and defamation. The rights granted herein are perpetual and worldwide.
This Release constitutes the sole and entire agreement of Rivian and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Rivian and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the state where the Experience is taking place without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the state where the Experience took place or Orange County, California, and I hereby consent to the exclusive jurisdiction of such courts.
