Fill and Sign the Not Sue Agreement 497331361 Form

Covenant not to Sue, Release, Assumption of Risk and Indemnity Agreement by User of Recreational Sports Vehicle in Park For and in consideration of being allowed on the real property of ___________________ (Name of Corporation that owns Park) located at ___________________________________ ____________________________________________ (street address, city, state, zip code) , consisting of parking areas, trails, camping areas, and lakes (the Park ), for the purpose of engaging in recreational activities consisting of riding ATVs and other approved vehicles, camping, hiking, picnicking, sightseeing and spectator Activities ( Activities ), the undersigned, his personal representatives, heirs, next of kin and spouse agree as follows: 1. Release of Liability I do now waive, release, and forever discharge __________________________ (Name of Corporation) and its shareholders, officers, directors, agents, employees, independent contractors, consultants, affiliates, subsidiaries, successors and assigns, promoters, participants, rescue personnel, sponsors , advertisers, premises or event inspectors, surveyors, underwriters, consultants, and other persons or entities who give recommendations, directions or instructions, or engage in risk evaluation or loss control activities and their directors, officers, agents, and employees (collectively, Releasee ) from all actions, causes of action, suits, contracts, controversies, promises, variances, agreements, trespasses, damages, judgments, executions, claims and demands whatsoever in law or in equity, which I ever had, now have or may have in the future, or which any personal representative, successor, heir or assign of mine in the future can, shall or may have, for any reason or cause whatsoever, including but not limited to any and all claims, causes of action, suits, controversies or demands arising out of or relating in any fashion whatsoever to my physical presence at the Park or my participation in Activities at or in the Park. 2. Covenant Not to Sue I covenant not to sue or otherwise assert a claim of any nature whatsoever against Releasee arising out of or in any way related to my physical presence at the Park or my participation in Activities at the Park. 3. Indemnity Agreement I agree to indemnify, hold harmless, and defend Releasee from and against any and all claims, costs, expenses, or liability (including attorneys' fees), attributable to bodily injury, sickness, disease, or death, or to damage or destruction of property (including loss of use of property) caused by, arising out of, resulting from, or occurring in connection with any Activities I may engage in at the Park. 4. Assumption of Risk I understand and comprehend the risk associated with my physical presence at the Park and the Activities engaged in by me and others at the Park and I assume full responsibility for any risk of bodily injury, death or property damage arising out of my physical presence at the Park, the Activities being engaged in at the Park by myself and all others, my participation in the Activities occurring at the Park whether caused by the negligence of the Releasee or otherwise. 5. Term This Covenant Not to Sue, Release, Assumption of Risk and Indemnity Agreement is in effect from the date of signing and continues until _____________ (date) , for all future Activities within the Park. 6. Inspection and Acceptance of Premises The undersigned certifies and agrees that [he/she] will carefully examine the areas of the Park [he/she] intends to use prior to each use of the same, and that [his/her] participation in any Activities or the use of any facilities found in the Park will automatically indicate [his/her] acceptance of the conditions of the premises as being reasonable and safe for the purposes for which they are used, and the facilities and premises are accepted in an as is condition without any reservation, limitation or warranty. 7. No Warranties The undersigned acknowledges that Releasee have made no warranty, express or implied, regarding the condition of the Park or the physical or mental condition, competency or skills of any other person using the Park or anyone officiating any event held at the Park. 8. Skills and Rules The undersigned certifies that he has examined the Park, is familiar with the conditions associated with the Park and that he is capable and skilled in the use of ATVs or other approved vehicles, if any, that he will operate in the Park. The undersigned acknowledges that he has read and is familiar with and also has agreed to obey and abide by the rules of the Park that are posted at the front gate in the sign up area, and any other rules, regulations and directions of ___________________________ (Name of Corporation) or any Park officials and all state, local or national laws or governmental regulations regarding the Activities to be engaged in at the Park. 9. Waiver No officer, director, employee, agent, servant or other representative of ____________ _________________________ (Name of Corporation) is authorized to vary the terms and provisions of this document or to make Any oral or written representation contrary to any provisions of this Agreement or otherwise in connection with the subject matter of this Agreement. 10. Partial Invalidity If any provision or any portion of any provision of this Agreement, or the application of any such provision or portion of a provision to any person or circumstance, shall be determined to be invalid or unenforceable, then the remaining portion of such provision and the remaining provisions of this Agreement, or the application of such provision held invalid or unenforceable to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected by such determination. 11. Governing Law and Attorneys’ Fees The terms and provisions of this Agreement and any dispute arising in connection with this Agreement shall be governed by and construed in accordance with ____________ (name of state) law. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees. I HAVE READ THIS COVENANT NOT TO SUE, RELEASE, ASSUMPTION OF 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 RELEASEE TO THE GREATEST EXTENT ALLOWED BY LAW. Witness my hand this the _____ day of _____________, 20______. __________________________ Name of Participant