By paying for this invoice, I, on behalf of myself and, as applicable, my principal, hereby certify that I have read this document in its entirety and understand that my payment constitutes my agreement to indemnify, hold harmless, and fully release ECT Acquisition LLC “East Coast Towing”) for any damages, whether foreseeable or unforeseeable, arising from the arrangement contemplated herein, including those arising from acts of negligence.
I intend for this agreement to be binding on myself and, if applicable, any individual or entity who may now or in the future represent any claim(s) I may have against East Coast Towing arising from the arrangement contemplated herein.
I certify, represent, and warrant that I am the owner, or the authorized agent of the owner, and am vested with the full authority to make decisions regarding the vehicle identified herein (“Vehicle”). By agreeing to this document, I commit my desire to engage East Coast Towing to transport the Vehicle to the previously agreed-upon location (the “Transport” or “Transportation”). East Coast Towing has advised me of certain risks associated with the Transportation of the Vehicle, including but not limited to, as applicable, potential risks arising from: the location of the Vehicle, modifications to the Vehicle, recovery and towing methodologies required for the vehicle, and related considerations. I understand that the Transportation of the Vehicle may give rise to both foreseeable and unforeseeable damages (“Damages”). I agree and understand that East Coast Towing will not be responsible for any Damages to the Vehicle arising from or relating to the Transportation.
I agree to release, indemnify, and hold harmless East Coast Towing for any Damages to the Vehicle arising from or relating to the Transportation.
I hereby irrevocably and unconditionally agree for myself and my personal representatives, spouse, heirs, next-of-kin, insurers, successors, and assigns, and, as applicable, my principal and his, her, or its personal representatives, spouse, heirs, next-of-kin, insurers, successors, assigns, affiliates, directors, officers, and employees, to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”).
It is my and, as applicable, my principal’s desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be interpreted under and enforceable to the fullest extent permitted by North Carolina law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between me and East Coast Towing and supersedes any previous or contemporaneous discussions or agreements between us with respect to these matters.
I understand that North Carolina law provides certain rights which cannot be waived, even by contract, and I specifically acknowledge that this document is not intended to be construed as a waiver of any such rights or those which may be applicable under local, state, or federal laws, rules, or regulations. I agree that this document shall be construed and interpreted to the broadest extent permissible under the laws of the state of North Carolina. I agree that all covenants and promises contained herein shall be binding on myself and my personal representatives, spouse, heirs, next-of-kin, insurers, successors, and assigns, and, as applicable, my principal and his, her, or its personal representatives, spouse, heirs, next-of-kin, insurers, successors, assigns, affiliates, directors, officers, and employees.
In addition to my agreement to release, indemnify, and hold harmless East Coast Towing for any Damages to the Vehicle arising from or relating to the Transportation, I hereby irrevocably and unconditionally agree to the following:
1) TO WAIVE ALL CLAIMS that I have or may have against East Coast Towing arising out the Transportation or relating to the Vehicle, including those involving acts of negligence;
2) TO ASSUME ALL RISKS of, relating to, or associated with the Transportation, even those caused by the negligent acts or conduct of East Coast Towing, its owners, affiliates, operators, employees, agents, and/or officers. I understand that there are inherent risks with the Transportation, including but not limited to: dangers of accidents, rescue operations, emergency treatment, property loss or damage, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the Vehicle. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
3) TO RELEASE East Coast Towing, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that I (or my next of kin) may suffer, arising out of East Coast Towing’s Transportation of the Vehicle. I specifically understand that I am releasing any and all claims which arise or may arise from any acts or conduct of East Coast Towing, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law, including those involving acts of negligence; and
4) TO INDEMNIFY East Coast Towing, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that I (or my next of kin) may suffer, arising out of the Transportation or otherwise in connection therewith. I agree to fully indemnify and hold harmless East Coast Towing in the event that any person or party, whether or not they are a party to this agreement, makes a claim against East Coast Towing in connection with the Transportation, including but not limited to any accident the Vehicle may be involved in during Transportation, and any losses or damages relating thereto, however caused, and any damages arising from acts of negligence.
ADDITIONALLY, I understand that my decision to engage East Coast Towing for the Transportation of the Vehicle is fully knowing and voluntary and I represent, warrant, and covenant that I agree to the terms herein without limitation.
ADDITIONALLY, I understand and recognize that East Coast Towing is not responsible for theft or loss of property to the Vehicle in the event it is placed in a storage lot. In the event my vehicle is totaled, I agree to retrieve my License Plate. I understand that East Coast Towing does not remove any belongings or tags at any given time. I understand that East Coast Towing does not mail personal property or tags.
BY PAYING THIS INVOICE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS, COVENANTS, WARRANTS, REPRESENTATIONS, AND AGREEMENTS AND THAT I AM VOLUNTARILY RELINQUISHING CERTAIN LEGAL RIGHTS.