RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT 

Event: Harley-Davidson® Visa® Cardmember Event “Event” 

Date of Event: July 15, 2023 

Location of Event: Milwaukee, WI

IN CONSIDERATION of being permitted to participate in any way in the EVENT(S), EACH OF THE UNDERSIGNED, for him/herself, his/her personal representatives, heirs, and next of kin:

1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Harley-Davidson Financial Services, Inc. (including its parents, affiliates, and subsidiaries) located at 222 W. Adams St., Chicago, IL 60606 and BI WORLDWIDE, a registered trade name of Schoeneckers, Inc. located at 7630 Bush Lake Road, Minneapolis, MN 55439, and all of their directors, officers, agents, volunteers and employees, (hereinafter referred to as “Releasees”) FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY AND/OR EXPOSURE TO INFECTIOUS SYNDROMES OR DISEASES TO THE PERSON OR PROPERTY OR RESULTING IN ILLNESS AND/OR DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. BY PARTICIPATING OR ATTENDING THIS EVENT YOU ASSUME ALL RISKS WHETHER KNOW OR UNKNOWN.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.
3. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) MAY BE DANGEROUS and involve risks including but not limited to exposure to infectious syndromes and diseases, serious illness, injury and/or death and/or property damage and he/she ASSUMES FULL RESPONSIBILITY FOR ANY RISK WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, EXPOSURE, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
4. HEREBY grants to the Releasees (and grants to the Releasees the right to grant to others), as well as their successors and assigns, in perpetuity, the irrevocable right (but not the obligation), with or without my knowledge, to film, tape, photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed, whether commercial or non- commercial in nature (collectively, the “Use and Materials”): (1) my appearance at and/or participation in the Event; (2) my name, likeness, signature, voice, singing voice, conversation, sounds, biographical data, testimonials, and/or any other information or material secured by the Releasees in connection with my appearance at and/or participation in the Event. I agree that Releasees shall have the right to the Use and Materials, for their own account, throughout the universe and in perpetuity. I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the Releasees’ exercise of its Use and Materials rights.
5. HEREBY AGREES AND UNDERSTANDS that should any part or portion of this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT be determined to be legally invalid or unenforceable for any reason, only such part or portion shall be severed and removed from the Agreement. The remaining provisions and all portions of this Agreement that have not been ruled invalid or unenforceable shall independently survive and remain in full force and effect, with only the invalid or unenforceable part or portion of this Agreement to be deemed stricken, unenforceable and severed from this Agreement.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL 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.

DATE: __________________________________________________

SIGNATURE: __________________________________________________

PRINTED NAME: __________________________________________________

 

RESPONSIBILITY STATEMENT

 

I agree that the following terms included in this responsibility statement (“Responsibility Statement”) relate and apply to the event program hosted in Milwaukee, WI (“Event Program”) on July 15, 2023:

 

1. I acknowledge that BI WORLDWIDE®, a trade name of Schoeneckers, Inc., its subsidiary and affiliated companies and their directors, officers, and employees (collectively "BI WORLDWIDE") is coordinating this Event Program on behalf of Harley-Davidson Financial Services, Inc., and if applicable, its subsidiary and affiliated companies (“Sponsor”).
2. If my personal data is required to coordinate this Event Program, I provide my consent to BI WORLDWIDE and its Event Program providers to use and process my personal data to coordinate the Event Program.
3. I understand that by participating in the Event Program, I agree to irrevocably grant BI WORLDWIDE and Sponsor, the right to use my name, voice, likeness, biographical information, photographs, video and audio recordings related to the Event Program, by any and all means, devices and technology, including, without limitation, the internet, television, film, audio & video stream and print communications for advertising, marketing, promotional and/or related purposes; all of which shall be without notice to me and without compensation or consideration other than my participation in the Event Program.
4. I further understand that during this Event Program, I may have the opportunity to participate in optional activities that may involve a higher degree of risk, any of which could carry a higher risk of bodily injury, death, damage or loss. I understand that I am under no obligation to participate and, if I do decide to participate in such optional activities, such decision is mine alone. I also understand that as a result of my participation in the Event Program and optional activities, I may be exposed to an illness related to an epidemic or pandemic, including not but not limited to the COVID-19 virus and agree to follow all applicable CDC guidelines and Provider rules and requirements applicable to my participation in the Event Program. I acknowledge that I am in good physical health and assume all risk of injury, illness, infection, death, expense, loss, or damage arising out of such participation in the Event Program and optional activities and agree to hold BI WORLDWIDE and Sponsor harmless from any such risk.
5. I further understand that in consideration of my participation in the Event Program, I agree to hold BI WORLDWIDE and Sponsor harmless from any illness, injury, infection, disease, damage, loss, expense, delay or inconvenience arising out of our participation in the Event Program, except and only to the extent such illness, injury, infection, disease, damage, loss, expense, delay or inconvenience is caused by the respective gross negligence or willful misconduct of BI WORLDWIDE and/or Sponsor, as applicable.
6. If my event companion(s) include my spouse and/or my adult dependents, I acknowledge that I have full authority to agree to the terms of this Responsibility Statement on their behalf, and I do agree to the terms of this Responsibility Statement as if they were signing this Responsibility Statement themselves. Any reference in this Responsibility Statement to myself shall be interpreted to include my spouse and/or adult children if applicable.
7. I further understand that I have given up substantial rights by agreeing to these terms, and I acknowledge that I have freely and voluntarily agreed to these terms without reliance on any representations from BI WORLDWIDE or Sponsor, and without undue influence or coercion.
8. I further understand that if any portion of this Responsibility Statement is determined to be unenforceable, the intent is that the remainder of this Responsibility Statement shall remain in full force and effect.

 

Date: ___________________________________

 

Name: ___________________________________ Signature: ___________________________________

What do I need to check in?
You (and your guest if applicable) will need to present a valid driver's license showing proof that you are over 21 and sign a waiver/responsibility statement at check in.  Please check in at the time you selected during registration. 

Are there any costs to attend the event?
Tickets for this event are $10 each ($20 total for cardmember plus one guest) to be paid at the time of registration with a Harley-Davidson Visa card. We are unable to accept/process payment at the event. 

The event will include a brunch-style meal from Fuel Café including their signature chicken & waffles, challah-bread French toast, honey-ham benedicts, and thick-cut, double smoked bacon crack, plus 2 drink tickets per person. Additional drinks will be available for purchase. You and your guest are responsible for any costs to get to/from the event including gas and lodging, as well as parking. 

Please note this is a pre-paid event and we will not be able to accept payment on-site for additional guests.  

How long is the event?
The event is 2 hours long; session 1 begins at 10:00 am and ends at 12 noon, and session 2 begins at 1:00 pm and end at 3:00 pm. 
You may check in at the venue 10 minutes prior to your event start time, and ask that you kindly leave within 15 minutes of your session ending. 

Billy will start the event with a short presentation then mingle with guests, taking pictures with his builds and answering questions.

What’s the recommended attire?
We encourage you to wear your finest Harley-Davidson gear and to dress appropriately for local weather conditions. 

Are photos allowed?
Yes; Billy will be more than happy to take photos with attendees and his custom bikes on display. 

We ask that guests refrain from sitting on the display bikes, but you are free to touch and inspect them up close.

Where may I park?
There is a mix of free & metered street parking directly in front of Fuel Café on 5^th Street and surrounding side streets.

Any advisory about tobacco use?
Due to Wisconsin law, smoking & vaping in the venue and on the covered patio are prohibited.

What happens if I am no longer able to attend?
We understand that conflicts may come up before the event date. Please contact us to cancel your reservation in advance of the day of your experience. On the day of your experience, please call 612-889-8332 to notify our onsite team.

What happens if there's inclement weather?
This event space will be covered and the event will take place rain or shine. If there are extraordinary conditions expected, please check here for an update about your event. 

What if I test positive for COVID-19, am experiencing symptoms of COVID-19, or am in close contact with someone who tested positive for COVID-19?
To ensure the safety of our cardmembers and staff, we ask that you please cancel your reservation if you experience any of the above.  Please contact us to cancel your reservation in advance of the day of your experience. On the day of your experience, please call 612-889-8332 to notify our onsite team.

What if I have other questions related to this experience?
Please contact us.