Participant Release and Indemnification Agreement - XTREME OFF ROAD PARK & XTREME UNLIMITED ROUTES
I understand and acknowledge that all-terrain vehicles, trucks, cars, racing machines of any kind, and all other activities of any kind, that might be engaged in as a participant or spectator bears certain risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, my property or to spectators or other third parties. Being aware of the risk as stated in paragraph 1 (One):
I EXPRESSLY AGREE, COVENANT, AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS, OR DAMAGE TO MYSELF, TO OTHERS, OR TO MY PERSONAL PROPERTY ARISING FROM MY PARTICIPATION IN THIS ACTIVITY OF RACING, RIDING, SWIMMING OR ANY OTHER ACTIVITY ON XTREME OFF ROAD PARK & XTREME UNLIMITED ROUTES. I acknowledge that my participation in any activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the risks, I further acknowledge that if I am participating, I understand that Xtreme Off Road Park & Xtreme Unlimited Routes makes no express or implied representation as to the condition of any roads, race tracks, buildings, gates, recreational devices, swings, diving platforms, or other improvements on Xtreme Off Road Park & Xtreme Unlimited Routes, on which the activities will take place. I also understand that I may be exposed to other dangerous conditions, risks, and hazards on Xtreme Off Road Park & Xtreme Unlimited Routes, including but not limited to poisonous snakes, alligators, insects and spiders, any type of infectious bacteria located in soil or waterways, natural erosion or erosion created by all-terrain vehicle riding and general conditions of the land, both on and off roadways and in swimming or camping areas, which may create hazardous driving and walking conditions, animals both wild and domestic(which may be diseased and are potentially dangerous); deep waters, other persons, with all-terrain vehicles on or off Xtreme Off Road Park & Xtreme Unlimited Routes property.
I EXPRESSLY ACKNOWLEDGE THE EXISTENCE OF ALL SUCH RISKS, HAZARDS, AND DANGERS WHICH I MAY BE EXPOSED TO ON XTREME OFF ROAD PARK & XTREME UNLIMITED ROUTES PROPERTY. I ALSO AGREE TO FOLLOW ALL PARK RULES AS POSTED ON THE PROPERTY.
Further, in exchange for the right to enter Xtreme Off Road Park & Xtreme Unlimited Routes property and engage in the activities described above, I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify Xtreme Off Road Park & Xtreme Unlimited Routes, its agents or employees, owners, and all of the persons or entities, from all of the liability, claims, demands, actions or rights of all actions, which are related to, arise out of, or in any way connect with my participation in this all-terrain vehicle activity or any activity, including specifically but not limited to the negligent acts or omissions of Xtreme Off Road Park & Xtreme Unlimited Routes, its agents or employees, volunteers, owners, and all other persons or entities for any and all injury, death, illness or disease, and danger to myself or my property.
IN SIGNING THIS DOCUMENT, I EXPRESSLY ACKNOWLEDGE THAT I AM RELEASING XTREME OFF ROAD PARK & XTREME UNLIMITED ROUTES AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, GUESTS, EMPLOYEES AND VOLUNTEERS FROM LIABILITY FOR DAMAGES CAUSED BY THE NEGLIGENCE OF THE XTREME OFF ROAD PARK & XTREME UNLIMITED ROUTES AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES GUESTS, AND EMPLOYEES OR VOLUNTEERS.
I understand that by indemnifying Xtreme Off Road Park & Xtreme Unlimited Routes should it become necessary for Xtreme Off Road Park & Xtreme Unlimited Routes or someone on Xtreme Off Road Park & Xtreme Unlimited Routes behalf, to incur attorney’s fees and cost to enforce this agreement, or any portion thereof, I agree to pay Xtreme Off Road Park & Xtreme Unlimited Routes reasonable cost and attorney’s fees arising therefrom. The release discharge, and Indemnification voluntarily given to me herein shall extend to, and for the benefit of, any corporation, partnership or other entity affiliated with Xtreme Off Road Park & Xtreme Unlimited Routes, its operations or the property or with which Xtreme Off Road Park & Xtreme Unlimited Routes may be affiliated with in connection with its operations of the property in any capacity, including but not limited to as a partner, landowner, volunteer, limited partner, shareholder or otherwise. I certify that I have sufficient health, accident, and liability insurance to cover bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in the activities described above. If I have no insurance, I certify that I am capable of personally paying for any and all such expenses or liability. If any provision of this Participant Release and Indemnification Agreement is or may be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. PARENT OR GUARDIAN IS RESPONSIBLE FOR ALL MINORS ACCOMPANIED BY THAT ADULT. I have read this document and by signing, I accept and relieve Xtreme Off Road Park & Xtreme Unlimited Routes of all liabilities.