IMPORTANT: THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS, AND ASSUMPTION OF RISK
PLEASE READ CAREFULLY BEFORE SIGNING LIABILITY WAIVER, RELEASE, EXPRESS ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT In consideration of being permitted to access and use the trails, land, facilities, and services (the “Facility”) operated by Three Ridges Events, LLC, a New Hampshire limited liability company (“Three Ridges”), the undersigned agrees as follows: 1. Inherent Risks of Off-Road Activities I acknowledge that off-road driving and related recreational activities (“Activities”) are inherently dangerous and unpredictable. Risks include, but are not limited to: vehicle rollovers; collisions; mechanical failure; winching hazards; water crossings; mud, rocks, and unstable terrain; steep inclines and declines; limited visibility; falling trees or limbs; changing weather and trail conditions; and the acts or omissions of other participants. I understand these risks may result in serious bodily injury, permanent disability, death, or property damage (any one of the aforementioned, a “Loss”), and I knowingly and voluntarily accept the risks associated with these Activities, as well as any other Loss suffered by me at the Facility. 2. General Assumption of Risk I acknowledge that my participation in any activities at the Facility is voluntary and undertaken at my own risk. I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of others. 3. Camping and Environmental Risks I acknowledge and assume all risks associated with camping and outdoor exposure (“Camping and Environmental Risks”), including but not limited to falling trees, wildlife encounters, fire hazards, uneven terrain, and weather-related conditions. 4. Equipment and Personal Responsibility I represent that any vehicle or equipment I use is in safe operating condition and suitable for off-road use. I am solely responsible for its maintenance and operation. I further represent that I am experienced using such equipment and am physically and mentally capable of participating in Activities safely. 5. No Reliance on Safety; Changing Conditions I understand that Three Ridges does not guarantee the safety of any trail or condition. Terrain and obstacles may change at any time without notice. I am solely responsible for assessing risks and deciding whether to proceed. 6. Release of Liability To the fullest extent permitted by law, on behalf of myself, my heirs, administrators, successors and assigns, I release, waive, and discharge Three Ridges and its members, managers, employees, agents, affiliates, landowners, and related entities (“Releasees”) from any and all Losses, claims or liability for injury, death, or property damage arising out of my participation in Activities or Camping and Environmental Risks, or my presence at the Facility, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES. 7. Express Assumption of Risk I understand that injuries are a common risk associated with Camping and Environmental Risks and the Activities. I knowingly and voluntarily assume full responsibility for any Loss associated with Camping and Environmental Risks, the Activities, or my presence at the Facility, whether caused by the condition of the Facility, my own actions, the actions of others, or the negligence of the Releasees. 8. No Duty to Rescue; Emergency Limitations I understand the Facility may be remote and emergency response may be delayed or unavailable. Three Ridges has no obligation to provide rescue or medical assistance, and I assume all risks related to such delays. 9. Risks Involving Other Participants I acknowledge that other participants may act negligently or unpredictably. I assume all risks arising from the actions or omissions of others. 10. Covenant Not to Sue I agree that I, my estate, or any other representative will not sue or otherwise make or bring any claim against the Releasees for any Loss. 11. Indemnification I agree to indemnify and hold harmless the Releasees from any claims, damages, or costs, including attorney’s fees, arising from my actions or participation in any Camping or Environmental Risk, Activities, or presence at the Facility, including claims brought by third parties. 12. Personal Responsibility for Damages I accept full responsibility for any damage or injury I cause to others or property while participating in activities at the Facility. 13. Compliance with Rules I agree to follow all posted rules, safety guidelines, and/or instructions provided by Facility personnel. Failure to comply may result in removal without refund. 14. No Insurance Coverage I understand that Three Ridges does not provide insurance coverage for me, my vehicle, or my property. 15. “AS-IS” Condition The Facility is provided “AS IS” without any warranties or guarantees (express or implied) of safety or suitability of the Facility, any trail layout, or obstacles. 16. Construction of this Document I understand and agree that this Liability Waiver, Release, Express Assumption of Risk, and Indemnity Agreement is to be construed broadly to provide a release and waiver to the maximum extent permitted under applicable law. 17. Media Release I grant permission for my likeness and property to be used in promotional materials without compensation. 18. Arbitration and Dispute Resolution Any dispute arising from this Agreement or use of the Facility shall be resolved through binding arbitration in Cheshire County, New Hampshire. Claims must be brought individually—class actions are waived. Each party bears its own costs unless otherwise determined by the arbitrator. 19. Governing Law and Venue This Agreement shall be governed by the laws of the State of New Hampshire. If arbitration is not enforceable, disputes shall be handled exclusively in Cheshire County Superior Court. I waive the right to a jury trial. 20. Severability and Reformation If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, such provision shall be modified and enforced to the maximum extent permitted by law so as to best effectuate the intent of the parties. If such modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect. The parties expressly agree that this Agreement is intended to be as broad and inclusive as permitted by applicable law, and that any invalid provision shall not affect the validity or enforceability of the remaining provisions. 21. Minor Participants If the participant is under the age of 18, the undersigned parent or legal guardian represents that they are authorized to act on behalf of the minor and agrees to all terms of this Agreement. The parent or legal guardian acknowledges that, under applicable law, a minor may have the right to bring a claim upon reaching the age of majority. In consideration of the minor being permitted to participate in activities at the Facility, the parent or legal guardian agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and against any and all claims, demands, causes of action, damages, losses, liabilities, or expenses, INCLUDING ATTORNEYS’ FEES AND COSTS, arising out of or related to the minor’s participation, INCLUDING ANY CLAIM BROUGHT BY OR ON BEHALF OF THE MINOR, WHETHER BEFORE OR AFTER REACHING THE AGE OF MAJORITY. The parent or legal guardian further agrees to indemnify and hold harmless the Releasees from any claims brought by third parties arising from the minor’s actions. The parent or legal guardian expressly acknowledges that this indemnification obligation is intended to be as broad and inclusive as permitted by law and shall survive the minor reaching the age of majority. With respect to any claims involving a minor, the parent or legal guardian agrees that any dispute between the parent/guardian and the Releasees, including any obligation to indemnify or defend the Releasees arising out of the minor’s participation, shall be resolved exclusively through binding arbitration as set forth in this Agreement. The parent or legal guardian acknowledges that a minor may have the right to bring a claim upon reaching the age of majority and agrees that any such claim shall not affect or limit the parent’s independent obligation to indemnify, defend, and hold harmless the Releasees, which obligation shall remain enforceable through arbitration. FINAL ACKNOWLEDGMENT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.
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