Assumption of Risk and Indemnity Agreement
In consideration of being permitted to participate in any way in the
activities and events of the Rivergate Wheelers, Inc. and/or being permitted
to enter upon, be present at and use the trails/premises where All Terrain
Vehicles (ATV’s) or other motorized activities and events are being conducted
(hereinafter referred to as the “Premises”) from the date hereof and for
any and all dates thereafter, for any and all purposes and activities including,
without limitation, the operation, maintenance, observation or use of ATV’s
or other motorized vehicles, or motorcycles (hereinafter referred to as
the “Activities”), the undersigned, on his/her own behalf, and on behalf
of his/her personal representatives, heirs, next of kin, and any and all
other persons using the premises or participating in the activities as
a guest of the undersigned (hereinafter collectively referred to as the
“Undersigned”):
1. Acknowledges, agrees and represents that immediately upon entering
the premises, the Undersigned shall, and shall continuously after, inspect
every area of the premises which the Undersigned enters, and the Undersigned
further agrees and warrants that, if at any time, the Undersigned is in
or about any part of the Premises and feels anything to be unsafe, the
Undersigned will immediately advise a representative, employee, or agent
of the owner of the Premises and if necessary will leave the Premises and/or
refuse to participate in the Activities.
2. Hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE
Rivergate Wheelers ATV Club, Inc. and/or the owner of the Premises, any
individual engaging in the Activities, rescue personnel, and the Premises
inspectors, surveyors, underwriters, consultants, and others who give recommendations,
directions, or instructions or engage in risk evaluation, or loss control
activities regarding the Premises, and each of them, the directors, officers,
agents and employees (hereinafter referred to as (Releasees”), from all
liability to the Undersigned for any and all loss or damage, and any claim
or demands therefore on account of injury to the person or property or
resulting in the death of the Undersigned arising out of related to the
Premises or the Activities, WHETHER CAUSED BY THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE.
3. Hereby agrees to indemnify and SAVE AND HOLD HARMLESS THE RELEASEES
and each of them for any loss, liability, or cost that may incur arising
out of or related to the Premises or the Activities WHETHER CAUSED BY
THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. Hereby ASSUMES FULL RESPONSIBILITY for any risk of bodily
injury, death or property damage arising out of or related to the Premises
or the Activities WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES
OR OTHERWISE.
5. Hereby ACKNOWLEDGES THE ACTIVITIES ARE VERY DANGEROUS and
involve the risk of serous injury and/or death and/or property damage.
The Undersigned, also expressly acknowledges that injuries received may
be compounded or increased by negligent rescue operations or procedures
of the Releasees.
6. Hereby agrees that this Release, and Waiver of Liability, Assumption
of Risk and Indemnity Agreement EXTENDS TO ALL OF THE NEGLIGENCE BY
THE RELEASEES, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended
to board and inclusive as is permitted by the laws of the state, and that
if any portion thereof is held invalid, it is agreed the balance shall,
notwithstanding, continue in Hi legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND I HAVE
GIVEN UP SUBSTANCIAL 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 ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
| Witness: |
Print Name Here: |
| __________________________________________ |
_______________________________________ |
| __________________________________________ |
Signature: |
|
_______________________________________ |
Parental Consent, Release and Waiver of Liability, Assumption
of Risk and Indemnity Agreement
This is to certify that I, as Parent/Guardian with legal responsibility
for this participant, do consent and agree to his/her release as provided
above of all the Releases, and for myself, my heirs, assigns and next of
kin, I release and agree to indemnify and hold harmless the Releasees from
any and all liabilities incident to my minor child’s involvement or participation
in the activities as provided above, even if arising from the negligence
of the Releasees, to the fullest extent provided by law.
| Parent/Guardian Signature: |
Date: |
| __________________________________________ |
_______________________________________ |
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