DRIVE ON DEMAND BY LEXUS 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 Drive On Demand By Lexus event (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 AUTOMOTIVE MARKETING CONSULTANTS, INC. (“SPONSOR”) ANDToyota Motor Sales, U.S.A., Inc., including its Lexus division (“TMS”), the aforementioned entities’ parents, subsidiary(ies) and affiliated companies and their respective employees, directors, representatives, dealer associations, distributors, dealers, agents, contractors, officers, successors and assigns (COLLECTIVELY, “RELEASEES”) 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 Releasees 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 THE RELEASEES.

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 RELEASEES 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 21 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 (i) if the child is 2 years of age of younger, he/she must ride in a rear-facing child/infant restraint/booster seat appropriate for child’s age, weight and size which is secured in a manner that complies with the height and weight limits specified by manufacturer(“Child Seat”) for a child riding in the rear seat area of the vehicle, (ii) if the child is between the ages of 2 and 8, he/she must be secured in a Child Seat in the rear seat area of the vehicle; or (iii) if the child is 8 years of age or older OR has reached 4’9” in height, he/she may be secured by a Child Seat in the rear seat area of the vehicle OR secured by the vehicle safety belt in the rear seat area of the vehicle. 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 Releasees will provide any hardware, accessories or on-site technical assistance, and/or otherwise be responsible for the Child Seat or any use thereof;
has automobile liability insurance coverage for bodily injury, property damage and uninsured/underinsured motorists in the minimum statutory amounts required by the state in which he/she resides and comprehensive and collision coverage for the vehicle until it is returned to Sponsor;

(c) 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;

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

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

(f) 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

(g) will properly wear seat belts at all times while he/she is in a vehicle as will any/all children per (a)(i)-(iii) 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 RELEASEEs 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 Releasees 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 RELEASEES.

THE UNDERSIGNED, on behalf of him/herself and my child, ACKNOWLEDGES AND AGREES THAT SPONSOR, TMS 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 TMS (OR ITS DESIGNEE) AND MAY BE LICENSED, ALTERED AND/OR COMBINED WITH OTHER MATERIALS AS TMS OR SPONSOR 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 RELEASEES (AND/OR THEIR RESPECTIVE DESIGNEES) RESULTING FROM ANY OF TMS’ ORSPONSOR’S 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 designee of TMS or 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 Releasees 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, WARRANTS THAT HE/SHE HAS EVERY RIGHT TO CONTRACT IN HIS/HER OR HIS/HER CHILD’S NAME IN THE ABOVE REGARD AND HAS CAREFULLY READ, FULLY UNDERSTANDS AND VOLUNTARILY SIGNS THIS DOCUMENT, AND UNDERSTANDS COMPLETELY ALL THE TERMS USED AND THEIR SIGNIFICANCE.