THIS IS THE WAVIER / RELEASE THAT YOU MUST UNDERSTAND AND SIGN TO ENTER THE PARK
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT MOUNTAIN PARKWAY OFF-ROAD, INC.
IN CONSIDERATION of being permitted to enter, for any purpose, Mountain Parkway Off-Road, Inc. (hereinafter referred to as MPOR and therein being defined as including but not limited to any and all areas designated as MPOR, riding areas, farmlands, concessions, campgrounds and other areas appurtenant to any area where any activity related to MPOR shall take place) or being permitted to compete, officiate, observe, work for, or for any purpose participate in or attend any activity that may take place at MPOR.
EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin, acknowledges, agrees and represents that he/she has, or will immediately upon entering any of such MPOR areas, and will continuously thereafter, inspect such MPOR areas, and all portions thereof which he/she enters and with which he/she comes in contact and does further warrant that his/her entry upon such MPOR area or areas and his/her participation, if any, in the activities, constitutes an acknowledgment that he/she has inspected such Park areas and that he/she finds and accepts the same as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she is in on or about the Park areas and he/she feels anything to be unsafe, he/she will immediately advise the MPOR staff of such and will leave the area.
1. HEREBY RELEASES, WAIVES DISCHARGES AND COVENANTS NOT TO SUE the owners, operators, participants, racing
association, sanctioning organization or any subdivision thereof, track operator, track owner, any persons in any MPOR area, promoters, sponsors, owners, lessees or lessors of premises used to conduct MPOR and each of them, their officers and employees, and for all of the purposes herein are referred to as ďreleaseesĒ from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin 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 death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in or upon any of the MPOR areas, and/or, competing, officiating in, observing, working for, or for any purpose participating or being at MPOR.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon any MPOR area and in any way competing, riding, officiating, observing or working for or for any purpose participating or being at MPOR whether caused by the negligence of the releasees or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE
due to the negligence of releases or otherwise while in or upon the areas of MPOR and/or while competing, riding, officiating, observing, or working for or for any purpose participating in or being on the premises of MPOR.
4. FURTHER, I RECOGNIZE that the operation of ATVís and Dirtbikes and activities related thereto can constitute a dangerous activity, and voluntarily assume all risk of any damage, injury or loss which may occur to me during the course of my activities related thereto.
5. FURTHER, I VOLUNTARILY ASSUME RESPONSIBILITY for my actions while upon the MPOR property or premises and I will endeavor to conduct myself in a manner consistent with the safe operation of ATVís and Dirtbikes and in activities thereto.
6. FURTHER, I RECOGNIZE AND ACKNOWLEDGE the fact that third parties may or will be present on MPOR property or premises and may be engaging in the operation of ATVís and Dirtbikes and activities related thereto during the same period of time in which I will be engaging in the same or similar activities. Further, I recognize that MPOR is not an insurer of my safety or responsible for damage incurred by me resulting from the activities of third parties during the course of our activities at MPOR.
7. FURTHER, I UNDERSTAND THAT MPOR makes no express or implied representation as to the condition of any roads, buildings, gates, or other improvements on MPOR property in which the activities described herein will take place. I also understand that I may be exposed to other dangerous conditions, risk and hazards on any MPOR area in question, including, but not limited to, poisonous snakes, insects and spiders, blinds and tree stands, erosion and general conditions of the land both on and off roadways which may create hazardous driving and walking conditions, animals both wild and domestic, which may be diseased and or potentially dangerous, as well as deep water and other potentially hazardous conditions of any MPOR area. I expressly acknowledge the existence of all such risk, hazards, and dangers to which I may be exposed to in any MPOR area.
8. IN ADDITION TO THE FOREGOING AND FOR THE SAME CONSIDERATION previously stated, I hereby voluntarily agree to indemnify, defend, protect, and hold harmless MPOR and any of its divisions, owners, officers or employees, volunteers, leasors, for or against any and all manner of claims, causes of action, or liability arising out of any incident, injury, or damage to any other individual present at MPOR, for any reason, while I am on or about MPOR.
9. FURTHER, I UNDERSTAND that by indemnifying MPOR, should it be necessary for MPOR, or some agent thereof, to incur attorneys fees and costs to enforce this agreement, of any portion thereof, I voluntarily agree to pay MPOR, or any of its agents, reasonable costs and attorneys fees arising there from.
10. FURTHER, I CERTIFY that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage caused to a third party, or myself, as a result of my participation in the aforementioned activities. If I have no insurance, I am certifying that I am capable of personally paying any and all such expenses or liability.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the riding, activities and/or racing events are very dangerous and involve the risk of serious injury and/or death and/or property damage. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad as inclusive as is permitted by the laws of the State of Kentucky in which MPOR is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
I HAVE READ AND UNDERSTAND THIS RELEASE
I AM INTERESTED IN RECEIVING INFORMATION ON HARE SCRAMBLES___________ Bike______ Quad_____