Ball Exchange Program Legal Release
FULL RELEASE. I ("Participant") desire to participate in Wilbur Products, Inc., d/b/a Motiv Bowling’s (“Motiv”) Ball Exchange Program (“Program”). In exchange for the opportunity to participate in the Program, Participant hereby voluntarily, irrevocably, and unconditionally warrants and agrees for Participant and Participant’s heirs, insurers, successors, and assigns, to not sue, and hereby releases and forever discharges, Motiv and its affiliates, officers, directors, shareholders, employees, representatives, successors, and assigns (collectively, the “Motiv Parties”) for any and all liability, loss, damage, obligations, causes of action, judgments, expenses, claims, and demands of any kind or nature, in law or equity, whether known or unknown, including (but not limited to) shipping and drilling costs, resulting from or related in any way to the Revocation of Approval for the Jackal and Jackal Carnage bowling balls by the USBC on or after March 15, 2016 or any use of the Jackal or Jackal Carnage balls. In this regard, without limiting the foregoing, Participant will not initiate, or be a party to, any lawsuit, court action, or other legal proceeding against the Motiv Parties, nor join or assist in the prosecution of any claim for money damages which anyone has or may have, on account of injuries, losses, or damages sustained by Participant or others in connection with or relating in any way to the Revocation of Approval, and Participant hereby waives any right Participant has to do so. Participant understands and acknowledges that participation in the Program is voluntary and constitutes full satisfaction of any and all warranty obligations that Motiv may have with respect to the Jackal and/or Jackal Carnage bowling ball.
LIMIT OF LIABILITY. The maximum liability to Motiv under this Program shall be up to one replacement with a bowling ball product manufactured by Motiv and offered to Participant (“Exchange Ball”). Motiv shall have no obligation or duty to reimburse Participant for any shipping, drilling, federal, state or local taxes, tariffs, or other charges, costs, or expenses that Participant may have incurred.