It is agreed that the Borrower will return the vehicle and its equipment in as good condition as when received, unless other
arrangements have been approved by Volvo Car USA, LLC hereafter "Volvo". The borrower further agrees:
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Borrower must maintain a valid driver's license, and Volvo reserves the right to verify Borrower's driving record using
DMV records and reports. Only those over 21 years of age are permitted to drive this vehicle.
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Borrower agrees to pay all parking/toll violations and traffic summonses incurred during the loan period. Failure to do so
may affect Borrower's future access to these cars.
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Borrower, will in case of accident, immediately notify Volvo ([email protected]) and our insurance carrier
([email protected]) and complete an accident report within 24 hours. Borrower will indemnify Volvo from
liability resulting from the negligent acts of the operators of the vehicle while in his possession, custody or control.
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Borrower will not operate the Vehicle while under the influence of drugs, alcohol or engage in distracted driving
activities and will be subject to liability for any claims that may result from such actions.
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Neither Borrower, nor any occupants of Vehicle, will smoke/vape any tobacco or cannabis products while in the Vehicle.
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Only borrower may operate the Vehicle unless prior written approval is received from Volvo or in the event of an emergency.
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Borrower and all other Vehicle occupants must always wear their seat belts while the Vehicle is being operated.
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Borrower will not engage in any competitive event unless expressly approved in writing by Volvo.
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Borrower will consult the Owner's Manual concerning proper usage and maintenance (if necessary) of Vehicle.
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Borrower will not drive Vehicle across U.S. border unless expressly approved in writing by Volvo.
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Driver understands that the vehicle is part of the Volvo Car fleet and may automatically and routinely collect and transmit data
relating to its operational condition (e.g., mileage, fluid levels), performance or maintenance needs (e.g., diagnostic trouble codes),
periodic GPS location, and other data necessary for our quality, service, and ownership purposes. Your temporary possession of the
vehicle does not prohibit us from obtaining and using this data. Information on our general privacy practices can be found by
clicking the Privacy link at the bottom of any of our volvocars.com websites.
You should remove any data left in the vehicle as part of your use (e.g., driving destinations or stored phone numbers) as we cannot
be responsible for, or guarantee the privacy or confidentiality of, such information.
I the undersigned ("Driver"), whether as a driver or passenger, will be participating in the Test Drive Event (the "Event")
where I may operate or ride in a vehicle ("Vehicle"). In consideration of being permitted to participate or observe the
Event, Driver agrees to the following on behalf of Driver's personal representatives, estate, executives, heirs, next of
kin, successors, assigns and administrators:
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Volvo Car USA LLC ("Volvo Cars") has made no representation to me as to the suitability, condition, or safety of the Vehicle,
products, and/equipment that is associated with the Event
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I declare that I am physically and mentally fit to take part in the Event and that I am not under the influence of any drug(s)
or alcohol or any substance, which affects my ability to operate or control the Vehicle or affected by any medical condition
that will impair the safe operation of a Vehicle.
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I declare that I will at all times (i) abide by the instructions of all Event officials (whether representing Volvo Cars or
otherwise) in relation to my participation; (ii) will wear safety belts; and (iii) will operate the Vehicle in a safe manner.
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In consideration for me being able to participate in the Event, I agree to indemnify and hold harmless Volvo Cars (and all
its affiliates, including its parent company), and their respective officials, employees, directors, representatives, agents
and vendors ("Released Parties"), from and against all liabilities, actions, claims, costs, expenses and demands in respect
of myself or any other person(s) ("Claims") associated with my presence and or participation at the Event, howsoever caused,
arising out of or in connection with my presence or participation in the Event and notwithstanding that the same may have
been contributed to or occasioned by the negligence of the said bodies or individuals.
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I acknowledge that test drives can be dangerous and that despite reasonable precautions being taken unavoidable accidents can
happen. I acknowledge and agree that I am present at the Event and participate in the Event at my free will and my own risk,
and that I will be solely responsible for any damage, claim or liability that may result from any damage claim or loss that
I might suffer or cause to myself and if due to my negligence, then to others, or to any property. I voluntarily and knowingly
agree to irrevocably, unconditionally and fully waive any claim for, and release and forever discharge Released Parties 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 Event, or my participation in the Event, regardless of the cause or blame, including,
without limitation, any negligent act or omission of Volvo Cars.
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I understand that participation in driving/track/racing events involve inherent risks and dangers that can never be completely
eliminated. Risks include, but are not limited to, accidents, property loss or damage, serious personal and bodily injury,
mental injury, pain and suffering, death, and severe social and economic losses, and emotional distress. These may result not
only from my own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the rules of participation,
the effects of the weather, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks that
are not known to me or reasonably foreseeable at this time. I waive any and all specific notice of the existence of risks. I
understand, and I have considered and evaluated the nature, scope, and extent of the risks involved before, during and after
driving/track/racing events, and I am voluntarily and freely choosing to assume these risks. I warrant that I am physically
and mentally able to fully participate in driving/track/racing events.
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I acknowledge and agree that while participating in the Event I may be filmed and/or photographed by cameras on-board or elsewhere
in the Event. I agree to allow Volvo Cars, its parent company, and third parties authorized by Volvo Cars and its parent company,
to use such photographs and footage, together with my name, in any media for any purpose without further payment to me, including
without limitation in marketing material, on the Volvo Performance AB or Volvo Cars website or in social media.
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I further warrant that my motor vehicle driving record contains no violations or accidents in the past 36 months.
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I acknowledge that the Vehicle may be a pre-production vehicle. I further acknowledge that a pre-production vehicle does not conform
to some or all government regulations, potentially including federal motor vehicle safety standards and regulations regarding
required safety equipment and safety performance.
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Waiver of Cal. Civil Code § 1542. I acknowledge and agree that by reason of the release contained above, the I am assuming all risk
of bodily injury, death or property damage, and all other unknown and unanticipated claims and agrees that I release the Released
Parties. I expressly waive whatever benefits the I may have under Section 1542 of the California Civil Code (or similar applicable
law from another state), which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE.
Thus, notwithstanding the provisions of California Civil Code Section 1542, and for the purpose of implementing a full and complete
release and discharge of the Released Parties, I expressly acknowledge that this release is intended to include in its effect, without
limitation, all Claims which I do not know or suspect to exist in my favor at the time of execution hereof, and that this release
contemplates the extinguishment of any such Claim or Claims.
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I hereby agree that this Release and Waiver of Liability is intended to be as broad and inclusive as is permitted by the laws of the
State in which the Event is conducted and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding,
continue in full force and effect. This agreement shall be governed by the laws of the state of New Jersey. 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 Event is authorized to alter or vary the terms or provisions of this Agreement
or to make any representations to the contrary.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I
HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE
BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.