RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Location : 3488 Pvt Rd FM 2538, Marion Texas 78124
-Restricted Areas: Any area requiring special authorization, credentials, or permission to enter, including but not limited to the competition area and any hot pit area.
-Event(s): Refers to the motocross event(s) held at Creekside MX.
-Releasees: All parties released from liability as specified in this agreement.
In consideration of being permitted to compete, officiate, observe, work for, or participate in any way in the Event(s), or being permitted to enter for any purpose any Restricted Area, EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin:
1. Inspection of Restricted Areas: Acknowledges and agrees to immediately upon entering any Restricted Areas, and continuously thereafter, inspect the Restricted Areas which he/she enters. The undersigned further agrees and warrants that if at any time he/she is in or about Restricted Areas and believes anything to be unsafe or unsatisfactory in any way, he/she will immediately advise the officials and will leave the Restricted Areas and/or refuse to participate further in the Event(s). The undersigned acknowledges that they may not have the opportunity to inspect any Restricted Area prior to the event.
2.Release of Liability: HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning or administrative organizations, or any affiliated entities thereof, track operators, track owners, officials, vehicle owners, drivers, builders and designers, crews, rescue personnel, any persons in any Restricted Area, promoters, sponsors, equipment and parts manufacturers and suppliers, advertisers, owners and lessees of premises used to conduct the Event(s), premises and event inspectors, surveyors, underwriters/brokers, consultants, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event(s), and for each of them, their directors, officers, agents, and employees, all for the purposes herein referred to as "Releasees", 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 ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE.
3.Indemnification: HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, FEES, OR COSTS they may incur arising out of or related IN ANY MANNER TO MY ATTENDANCE AT OR PARTICIPATION IN THE EVENT(S), AND WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE.
4.Assumption of Risk: HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE arising out of or related to the Event(s) whether caused by the NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE.
5.Acknowledgment of Risks: HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6.Wildlife Hazards: HEREBY acknowledges and understands that participating in outdoor activities, including motocross events, may expose the undersigned to wildlife hazards, including but not limited to encounters with venomous snakes such as rattlesnakes. The undersigned acknowledges that Creekside MX cannot guarantee the absence of wildlife on the premises and assumes all risks associated with such encounters. The undersigned agrees to take reasonable precautions to avoid wildlife hazards and releases Creekside MX and all Releasees from any liability arising from encounters with wildlife, including rattlesnake bites.
7.Broad Release Clause: HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement extend to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS, and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted. If any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, 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 ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.