Hot Shot Secret Product Testing
Waiver, Release and Hold Harmless Agreement
Lubrication Specialties, Inc.’s (“LSI’s”) LS Engine product test (the “Test”) is open to all legal residents, eighteen (18) years of age and older, of the United States. Employees (and their immediate families and household members, whether or not related) of LSI, Hot Shot’s Secret, and/or their affiliates (collectively, the “Sponsors”) are not eligible to participate in this Test. This Test is subject to all applicable federal, state and local laws and regulations and shall be governed by Ohio state law.
By applying to be part of this product test, the undersigned represent, covenant and agree as follows:
(i) I accept to bound by all terms of this Waiver, Release and Hold Harmless Agreement (“Agreement”); and
(ii) I am at least eighteen (18) years of age; and
(iii) I acknowledge that participation in the test group is limited to the first one hundred (100) respondents, and that my filling out this form and/or applying to participate in this Test in no way guarantees that I will be among the respondents chosen for this Test; and
(iv) I understand that LSI, Hot Shot’s Secret, and their affiliates do not sell, rent, loan, trade or lease any personal information that is collected. All personal information is used solely by the Sponsors. However, my information may be shared if the Sponsors, in good faith, believe disclosure is appropriate or required to comply with existing law, a court order, or a subpoena; and
(v) grant Sponsors and their designees the right, unless prohibited by law, to use my name, city and state of residence, voice, picture and likeness, without compensation, notification or permission, for the purpose of advertising and publicity in any and all media, now or after known, throughout the world in perpetuity; and
(vi) I agree that Ohio courts have jurisdiction over any dispute or litigation arising from or relating to the Test and that venue shall only be Morrow County, Ohio; and
(vii) I attest that, if I am chosen to participate in this product Test of the G56 Transmission Fluid (the “Product”) to commence on or about July 20th, 2020, I represent, covenant and agree on behalf of myself and my heirs, assigns, and any other person claiming by, under, or through me as follows:
a. I acknowledge that participating in the Test involves certain risks (some of which I may not fully appreciate) and that injuries, death, property damage or other harm could occur to me or others. I accept and voluntarily incur all risks of any injuries, damages, or harm which arise during or result from my participation in the Test, including any associated travel, regardless of whether caused in whole or in part by the negligence or other fault of LSI and/or its departments, affiliates, employees, officers, agents or insurers (“Released Parties”).
b. I waive all claims against any of the Released Parties for any injuries, damages, losses or claims, whether known or unknown, which arise during or result from my participation in the Activity, regardless of whether or not caused in whole or part by the negligence or other fault of any of the Released Parties. I release and forever discharge the Released Parties from all such claims.
c. I agree to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including, but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or result from my participation in the Test, regardless of whether or not caused in whole or part by the negligence or other fault of any of the Released Parties.
d. I have carefully read and reviewed this Waiver, Release and Hold Harmless Agreement. I understand it fully and I execute it voluntarily.
e. I am the owner of a vehicle with a GM LS engine that I wish to have involved in LSI’s product test.