NISSAN DELIVERED DRIVE RELEASE WAIVER

For and in consideration of being permitted to drive or be a passenger in, or otherwise allowed to enter any area where any activity related to the Nissan Delivered Drive (the “Drive”) shall take place, or being permitted to observe or otherwise participate in any other way be involved for any purpose with the Drive, THE UNDERSIGNED, FOR HIM/HERSELF, HIS/HER PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNCONDITIONALLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES, WILL INDEMNIFY, DEFEND AND HOLD HARMLESS, AND COVENANTS NOT TO SUE ANY AND ALL SPONSORS (AS HEREINAFTER DEFINED) FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, DEMANDS, LIENS, RIGHTS, CONTROVERSIES, LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS), OR CHARGES OF WHATSOEVER NATURE, WHETHER KNOWN OR UNKNOWN, DEVELOPED OR UNDEVELOPED, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT, PAST, PRESENT OR FUTURE, INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL INJURY, PROPERTY DAMAGE (REAL OR PERSONAL) OR ANY OTHER TYPE OR KIND OF INJURY OR DAMAGE WHICH HE/SHE, HIS/HER PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS MAY HAVE, OR WHICH MAY HEREAFTER ACCRUE (COLLECTIVELY, “CLAIMS”), AS A RESULT OF HIS/HER PARTICIPATION IN THE DRIVE.

The undersigned understands that this document is intended to DISCHARGE IN ADVANCE the Sponsors from and against ANY AND ALL CLAIMS ARISING OUT OF OR CONNECTED IN ANY WAY WITH PARTICIPATION BY the undersigned in the Drive, EVEN THOUGH SUCH CLAIMS MAY ARISE OUT OF NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT ON THE PART OF SPONSORS. The term "Sponsors" shall mean and include (a) Nissan North America (“NNA”), and its parent, subsidiary and affiliated companies, and its and their respective employees, directors, representatives, distributors, dealer associations, dealers, agents, contractors and officers, and (b) Automotive Marketing Consultants, Inc. ("AMCI”), and its parent, subsidiary and affiliated companies, and its and their respective employees, directors, representatives, agents, contractors and officers.

THE UNDERSIGNED UNDERSTANDS AND ACKNOWLEDGES THAT PARTICIPATION IN THE DRIVE, INCLUDING WITHOUT LIMITATION, THE VEHICLE DRIVING ACTIVITIES (WITH EITHER ON AND/OR OFF-ROAD COURSES) MAY BE HAZARDOUS AND SERIOUS ACCIDENTS OCCASIONALLY OCCUR DURING AUTOMOBILE DRIVING ACTIVITIES AND THAT PARTICIPANTS CAN SUSTAIN MORTAL OR SERIOUS PERSONAL INJURIES AND/OR PROPERTY DAMAGES OR LOSS. KNOWING THE RISKS, NEVERTHELESS, THE UNDERSIGNED HEREBY AGREES TO ASSUME FULL AND COMPLETE RESPONSIBILITY FOR, AND RISK OF, BODILY INJURY, DEATH, PROPERTY DAMAGE (REAL OR PERSONAL) OR ANY OTHER TYPE OR KIND OF INJURY OR DAMAGE, WHICH MAY ARISE FROM HIS/HER PARTICIPATION DURING THE DRIVE. THE UNDERSIGNED AGREES TO RELEASE AND WAIVE ANY RIGHT TO BRING LEGAL ACTION AGAINST THE SPONSORS WHO THROUGH THEIR NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT MIGHT OTHERWISE BE LIABLE FOR DAMAGES, INJURY AND/OR DEATH.

The undersigned acknowledges, agrees, represents, and warrants that he/she:

is 18 years of age or older and possesses a valid driver’s license without any restriction and has had no more than two moving violations in the three years preceding the date hereof, and no serious violations at all (e.g., driving while under the influence, reckless driving, etc.); provided, however, if merely a passenger in the vehicle, he/she may be a child, but must adhere to respective state Child Safety Seat Guidelines, including:
1. Illinois:
  1. Always read and follow the child safety seat and vehicle manufacturer’s instructions for installation and height/weight guidelines.
  2. Newborn-2 years: Effective Jan. 1, 2019, Illinois law will require children under age 2 to be properly secured in a rear-facing child restraint system unless they weigh more than 40 pounds or are more than 40 inches tall. Children must remain rear-facing until age 2. Children riding rear-facing may use a rear-facing only car seat or a convertible car seat installed rear-facing. Always follow the car seat manufacturers harnessing instructions and height and weight limitations for a rear-facing installation.
    1. Never install a rear-facing safety seat in front of an active airbag.
    2. Follow the recline indicator for rear-facing installation.
    3. The child’s head may need at least 1 inch or more below the top of the safety seat when rear-facing.
    4. Use the harness straps/slots at or below shoulder level when rear-facing.
    5. Harness straps must be snug on the child; the harness clip should be at armpit level.
  3. Ages 2-4: Children should remain in a rear-facing safety seat for as long as possible, or until they are at the upper height or weight limit of the seat. When a child out- grows a rear-facing safety seat, he or she may transition to a forward-facing seat with a harness system.
    1. Use the internal harness system until the upper height or weight limit is reached.
    2. Use harness straps/slots at or above shoulder level when forward-facing.
    3. Harness straps must be snug on the child; the harness clip should be at armpit level.
    4. The top of the child’s ears should not be above the top of the car seat when forward-facing.
  4. Ages 4-8: Children should be secured in a forward-facing safety seat with an internal harness system until they reach the upper height or weight limit allowed by the car seat manufacturer. When a child outgrows the forward-facing seat, he or she may transition to a belt-positioning booster seat.
    1. Booster seats must be used with the vehicle’s lap and shoulder belt, never just a lap belt.
    2. The lap belt should lie low across the upper thighs, not the stomach. The shoulder belt should rest snugly across the shoulder and chest, not across the neck or face.
    3. The top of the child’s ears should not be above the top of the back of a booster seat with a back.
    4. If using a backless booster seat, the vehicle’s head restraint must be positioned properly.
    5. Secure the booster seat with the vehicle’s seat belt when not in use.
  5. Ages 8-12: Children should stay in a belt-positioning booster seat until they are tall enough to properly fit in an adult lap/shoulder belt.
    1. The vehicle lap belt must lie low across the upper thighs, not the stomach. The shoulder belt should rest snugly across the shoulder and chest, not across the neck or face.
    2. The child’s back and hips should be against the back of the vehicle seat, without slouching.
    3. Knees should bend easily over the front edge of the vehicle seat with the feet flat on the floor.
2. Florida:
  1. Florida law requires children age 5 and under to be secured properly in a crash-tested, federally approved child restraint device.
  2. Children ages 0 to 3 must be in child restraint devices of a separate carrier or a vehicle manufacturer’s integrated child seat.
  3. Children age 4 and 5 must be in a separate carrier, integrated child seat or booster seat.
  4. The best child seat is one that fits your child, fits your car and that drivers will use correctly every time.
  5. Read the car seat’s instruction manual and the portion of your vehicle’s owner manual when you install a car seat.
The child’s parent or legal guardian (A) must provide the Child Seat, (B) must install, use and remove the Child Seat properly, (C) must execute this agreement, (D) hereby accepts all responsibility for assuring that such Child Seat satisfies all legal requirements of the relevant jurisdiction in which the Drive is staged, and (E) hereby agrees and acknowledges that none of the Sponsors will provide any hardware, accessories or on-site technical assistance, and/or otherwise be responsible for the Child Seat or any use thereof;

(b) can see and hear well enough to operate a motor vehicle properly and safely and is wearing any eyewear or hearing apparatus required to operate a motor vehicle properly and safely;

(c) will operate the vehicle in a safe manner, observing all traffic laws and will follow instructions, recommendations and cautions of the representative of NNA and AMCI and/or its affiliates and their vendors at all times, whether or not on public streets;

(d) is not under the influence of any alcohol or illegal drug;

(e) is not under the influence of any intoxicants, narcotics, prescription medicine, or other drug which would impair his or her driving ability to operate the vehicle, nor does he/she have any physical or mental condition which would make participation in a performance drive test an undue risk to such driver, and

(f) will properly wear seat belts at all times while he/she is in a vehicle as will any/all children per (a)-(e) above.

As the parent or legal guardian of a person under the age of 18/a minor child (hereafter "my child") participating in any of the activities and/or being allowed to enter any area related to the Drive, the undersigned, on behalf of him/herself and HIS/HER child, hereby waives, releases, discharges and covenants not to sue any Sponsors for any and all claims the undersigned, or my child, or respective PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS may have, now or in the future, against any of the Sponsors arising from injuries OR DEATH to my child or damages to my or my child's property, sustained while my child is (1) in the vehicle, (2) participating in the Drive activities, regardless of whether such injuries, death or damages are caused, in whole or in part, by the NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT ON THE PART OF SPONSORS.

THE UNDERSIGNED, on behalf of him/herself and my child, ACKNOWLEDGES AND AGREES THAT SPONSORS AND/OR THEIR RESPECTIVE DESIGNEES MAY PHOTOGRAPH AND/OR RECORD THROUGH ANY MECHANICAL OR OTHER MEANS AVAILABLE (COLLECTIVELY “RECORDINGS”) THE UNDERSIGNED’S AND/OR MY CHILD’S NAME, LIKENESS, VOICE, PERFORMANCE AND/OR STATEMENTS (WHICH THE UNDERSIGNED AFFIRMS ARE HIS/HER AND/OR MY CHILD’S REFLECTIONS OF THEIR ACTUAL EXPERIENCES AND BELIEFS) AND USE AND EDIT SUCH RECORDINGS FOR ADVERTISING, PROMOTIONAL AND OTHER PURPOSES IN ANY MEDIA NOW OR HEREAFTER KNOWN THROUGHOUT THE WORLD IN PERPETUITY WITHOUT NOTICE, FURTHER CONSENT, OR PAYMENT OF ANY KIND TO THE UNDERSIGNED, MY CHILD OR ANY THIRD PARTY. THE RECORDINGS, AND ANY COPYRIGHTS AND OTHER RIGHTS THEREIN, SHALL BE OWNED EXCLUSIVELY BY NNA (OR ITS DESIGNEE) AND MAY BE LICENSED, ALTERED AND/OR COMBINED WITH OTHER MATERIALS AS ANY OF THE SPONSORS DETERMINE IN ITS/THEIR SOLE DISCRETION. THE UNDERSIGNED, my child, and each of their respective PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS SHALL NOT HAVE OR MAKE ANY CLAIM OF ANY KIND AGAINST ANY OF THE SPONSORS (AND/OR THEIR RESPECTIVE DESIGNEES) RESULTING FROM ANY OF THE SPONSORS’ OR A THIRD PARTY’S USE OF THE RECORDINGS AS PERMITTED HEREIN. If the undersigned’s or my child’s services, or the use of any Recordings in which the undersigned or my child appear, are subject to the jurisdiction of any collective bargaining agreement to which an applicable Sponsor is a signatory, the undersigned, on behalf of him/herself and my child, agrees that irrespective of the method of production, all session, use, reuse, holding and any other fees applicable to such services shall be paid to the undersigned computed at the applicable minimum scale fees provided for in the guild agreement having jurisdiction.

The undersigned acknowledges and agrees that by reason of the release contained above, the undersigned is assuming all risk of bodily injury, death or property damage (real or personal) on behalf of him or herself and my child, and all other unknown and unanticipated Claims and agrees that the undersigned’s release of the Sponsors applies thereto. The undersigned, on behalf of himself or herself and my child, expressly waives whatever benefits the undersigned and my child 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 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."

The undersigned specifically acknowledges and agrees that this document is intended to be a general release, and accordingly agrees to WAIVE ANY RIGHTS GRANTED TO THE UNDERSIGNED AND/OR MY CHILD UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER APPLICABLE LAW FROM ANOTHER STATE. The undersigned agrees that the foregoing terms ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW. The terms hereof shall continue FROM THIS DATE FOREVER. If any portion of this document is held invalid, it is agreed that the balance shall continue in full legal force and effect. This document embodies the entire agreement and supersedes any previous or contemporaneous negotiations or agreements with respect to these matters. THE UNDERSIGNED AGREES THAT NO PROMISE OR INDUCEMENT HAS BEEN OFFERED EXCEPT AS HEREIN SET FORTH, AND THAT THIS DOCUMENT HAS NOT BEEN EXECUTED BASED UPON STATEMENTS BY ANY PERSON OTHER THAN THOSE SET FORTH HEREIN. This document shall be construed and interpreted in accordance with the laws of the State in which the Drive occurs without regard to conflicts of law principles thereof. THE UNDERSIGNED, on behalf of him/herself and my child, HAS CAREFULLY READ, FULLY UNDERSTANDS AND VOLUNTARILY SIGNS THIS DOCUMENT, AND UNDERSTANDS COMPLETELY ALL THE TERMS USED AND THEIR SIGNIFICANCE.