Off-Road Vehicle Waiver

OFF-ROAD VEHICLE WAIVER AND RELEASE OF LIABILITY

RECITALS

WHEREAS, Operator Name: operates off-road vehicle activities, rentals, instruction and related services (collectively, the Activities) at designated locations; and

WHEREAS, Participant Name: desires to participate in the Activities and acknowledges that participation involves inherent risks; and

NOW, THEREFORE, in consideration of being permitted to participate in the Activities and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ASSUMPTION OF RISK

I acknowledge that off-road vehicle operation and participation in related Activities are inherently dangerous and involve risks including but not limited to collision, rollovers, mechanical failure, terrain hazards, negligent operation by others, weather conditions, and serious bodily injury or death. I voluntarily assume all known and unknown risks associated with my participation.

RELEASE AND WAIVER OF LIABILITY

In consideration of being permitted to participate, I, on behalf of myself, my heirs, assigns, personal representatives and next of kin, hereby release, waive, discharge and covenant not to sue Operator Name: , its owners, officers, employees, agents, volunteers, affiliates and lessors (collectively Released Parties) from liability for any and all claims, demands, causes of action, suits, losses, damages or expenses (including attorneys' fees) arising out of or resulting from my participation in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

INDEMNIFICATION

I agree to indemnify, defend and hold harmless the Released Parties from any and all claims, causes of action, damages, judgments, costs or expenses (including attorneys' fees) that arise from my negligent, reckless or intentional acts or omissions during my participation in the Activities, including claims asserted by third parties.

ACKNOWLEDGMENT OF FITNESS AND COMPLIANCE

I certify that I am physically fit, have no medical condition that would prevent safe participation, and will comply with all safety instructions, posted rules and directions given by Operator staff. I understand that failure to follow directions or misuse of equipment may result in immediate removal from the Activities without refund.

SAFETY RULES (ACKNOWLEDGE EACH)

I will wear required personal protective equipment, including a helmet, at all times during operation.

I will not consume alcohol or drugs prior to or during participation and acknowledge Operator may deny participation or request testing.

I will obey all instructors, guides and posted signage, and I understand that unsafe conduct may result in termination of participation.

MEDICAL AUTHORIZATION AND EMERGENCY CONTACT

PHOTO AND MEDIA RELEASE

I grant Operator and its designees the right to photograph and record my participation and to use such images and recordings for promotional, advertising or training purposes without compensation.

MINOR PARTICIPATION

If Participant is under 18 years of age, Parent or Legal Guardian Name: hereby executes this Waiver on behalf of the minor and agrees to all terms herein.

GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Waiver shall be governed by the substantive laws of the state selected by Operator for its principal place of business without regard to conflict of law principles. If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Waiver constitutes the entire agreement between the parties with respect to the subject matter and supersedes any prior or contemporaneous agreements, representations or understandings.

ACKNOWLEDGMENT AND CERTIFICATION

I certify that I have read this Waiver, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely, voluntarily and without any inducement. I acknowledge that I have had the opportunity to ask questions and to seek independent advice prior to signing.

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