WAIVER, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS. This Waiver, Assumption of Risk, and Indemnification Agreement (“Agreement”) is entered into by the undersigned Adult Participant, and, if any minor is named below, by the Adult Participant on behalf of, and as the parent or legal guardian of, the Child Participant (also “Participant,” whether individually or collectively), in favor of Neverland MX LLC, an Oklahoma limited liability company with offices located at 351200 E. 5400 Rd., Maramec, OK 74045 (the “Company”). For and in consideration of the Company’s grant of a limited license to access the Premises and the ability to participate in or spectate the Activities and other services, including Activities occurring on, about, or near the Company’s motocross track at N 35300 Rd., Maramec, OK 74045, the Company and Participant agree as follows: 1. Premises. As used herein, the term “Premises” shall be interpreted broadly to include, without limitation, all real and personal property owned, leased, licensed, operated, or otherwise used or controlled by the Company in connection with its business operations. This includes, but is not limited to, all motocross tracks, riding areas, trails, staging areas, starting gates, pit areas, parking lots, roads, walkways, concession areas, vendor spaces, event grounds, spectator areas, restrooms, equipment, and any other structures or fixtures, together with any and all adjacent property, whether improved or unimproved, and whether open or closed to the public at any given time. 2. Activities. As used herein, “Activities” means any and all use of, presence on, entry onto, or participation in any activity on or around the Premises, regardless of the purpose of such use, presence, entry, or participation, and whether or not the same is authorized or supervised. This includes, without limitation: competitive racing, time trials, practice sessions, training or instructional exercises, recreational riding, warm-up or cool-down laps, testing or tuning of vehicles or equipment, event preparation, loading or unloading vehicles, or any other conduct or occurrence. “Activities” includes both active participation (e.g., operating, riding, controlling, or handling motorcycles or other off-road vehicles) or passive participation (e.g., spectating, assisting, instructing, volunteering, or accompanying others). 3. Inherently Dangerous Activity and Associated Risks.Participant acknowledges and understands the Activities are inherently dangerous and involve objective and unmitigable risks of personal physical or psychological injury, including, but not limited to: foreign material in the eyes; burns; lacerations; broken bones; torn muscles or cartilage; strains or sprains; dislocations of joints; maiming; amputations; impalement; crushing; or death; and any associated pain and suffering, temporary or permanent disability, property damage, or financial loss. Participant further acknowledges and understands that these risks may arise from, among other things: equipment malfunction; defective design or manufacture of equipment (including safety equipment); improper or negligent installation of equipment; negligent maintenance of equipment; negligent installation or maintenance of the track and associated fixtures; flying debris or dangerous projectiles; collisions with other participants; erratic co-participant behavior; collisions with stationary fixtures; failure of judgment by employees; and numerous unknown and unforeseeable hazards. Participant expressly acknowledges that any injuries he or she sustains may result from or be compounded by the actions, omissions, or negligence of the Company, including negligent emergency response or rescue operations. 4. Assumption of Risk. Notwithstanding such risks, Participant acknowledges that he or she, as well as the individual for whom he or she is signing this Agreement is knowingly and voluntarily participating in the Activities with an express understanding of the inherent danger and hereby agrees to accept and assume any and all risks of injury, death, and/or property damage arising from participation in the Activities, whether or not caused by the negligence of the Company. 5. Release and Indemnity. To the fullest extent permitted by law, Adult Participant on behalf of himself or herself, as well as on the behalf of the Child Participant, if any, together with the heirs, executors, and representatives of each, releases, waives, discharges and agrees not to sue, and shall indemnify the Company, the legal owner of the Premises, and any of their parents, affiliates, subsidiaries, officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, independent contractors, equipment suppliers, and insurers of all of them (collectively, “Protected Parties”) from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, judgments, costs, fees, and expenses (including reasonable attorney’s fees and court or other costs) (collectively, “Claims”) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any property damage or personal injury (including death) to Participant resulting in any way from: (a) Participant’s presence on or around the Premises; (b) Participant’s active or passive participation in the Activities; (c) loss or theft of personal property on or around the Premises; (d) the consumption of alcohol at the premises by Participant or any other invitee of the Company; or (e) Participant’s breach of this Agreement. The indemnity provisions hereof shall also include Adult Participant’s obligation to indemnify the Protected Parties from (i) any sum or settlement paid to or on behalf of the Child Participant resulting from a claim in any way involving the foregoing subsections and (ii) all claims resulting from or relating to any insufficiency of Participant’s legal capacity or authority to execute this Agreement for or on behalf of the Child Participant. 6. Consent to Receive Emergency Medical Treatment.Participant hereby consents to receive medical treatment deemed necessary by duly licensed medical personnel if he or she is injured or requires medical attention during participation in the Activities. Participant further understand and agrees that he or she is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Participant hereby releases, forever discharges, and holds harmless the Protected Parties from any claim based on such treatment or other medical services. 7. License. Participant irrevocably grants the Protected Parties the right to use his or her name and/or likeness and all or any portion of any image or video of Participant taken on or around the Premises, including composite or modified representations, for all purposes, including, but not limited to advertising, trade, or any commercial purpose throughout the world and in perpetuity. Participant waives the right to inspect or approve versions of images or videos used for publication or the written copy that may be used in connection with the images/videos. Participant releases the Protected Parties from any claims that may arise from or relate to the use of Participant’s statements, videos, or images including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. 8. Authority. If an Adult Participant signs this Agreement on behalf of his or her spouse, child, family member, friend, minor child, or any other person, Adult Participant warrants and represents to Company that he or she has the legal authority and such person’s actual and implied authority to execute this Agreement on his or her behalf, including, but not limited to, the release, indemnity agreement, and license. 9. Representations by Participant. Participant hereby represents to the Protected Parties as follows: (a) Participant shall obey all rules, safety signs, and verbal instructions from Company staff while participating in the Activities and shall alert such staff to any witnessed rule violations or dangerous behavior; (b) Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities; (c) Participant shall only attempt Activities that Participant can perform with reasonable safety; (d) Participant is not aware of any health problems that would prevent him or her from participating in the Activities; (e) Participant has received either medical clearance from his or her physician prior to participation in the Activities or has determined that such clearance is not necessary for his or her reasonably safe participation in the Activities; (f) Participant has adequate insurance to cover any injury or damage that Participant may cause or suffer while participating in the Activities, or if not, Participant agrees to bear the costs of such injury or damage to Participant and others; (g) Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains); (h) Participant is solely responsible for selecting, procuring, and wearing appropriate protective gear at all times while actively participating in the Activities. Such gear includes, at a minimum, a helmet meeting or exceeding DOT, Snell, or ECE certification standards; protective eyewear; motocross boots; gloves; chest, back, and limb protection; and any other equipment commonly recognized in the motocross industry as reasonably necessary for rider safety. The Company makes no representations regarding the effectiveness, suitability, or condition of any safety equipment used by Participant, and expressly disclaims any duty to inspect, approve, maintain, or verify the proper use or fit of such equipment. 10. Miscellaneous Provisions. This Agreement constitutes the sole and entire agreement of the Company and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision. This Agreement is binding on and shall inure to the benefit of the Protected Parties and Participant, together with Participant’s respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule whether of the State of Oklahoma or any other jurisdiction. 11. Waiver of Right to Jury Trial. To the fullest extent permitted by law,Adult Participant and the Company knowingly, willingly and voluntarily, with full awareness of the legal consequences, after consulting with counsel (or after having waived the opportunity to consult with counsel) agree to waive their rights to a jury trial on any dispute or claim or causes of action relating to their active or passive participation in the Activities under the Constitutions of the United States of America and the State of Oklahoma. BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AGAINST THE COMPANY. YOU FURTHER ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, YOU HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT AND HAVE ENTERED INTO THIS AGREEMENT FREELY, UNDER NO THREAT OR DURESS, AND WITHOUT INDUCEMENT, PROMISE, OR GUARANTEE BEING COMMUNICATED TO YOU. (initial if applicable) I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby consent and agree to the terms and conditions of, this Release of Liability and Assumption of Risk on behalf of myself and the Child Participant. Date: July 1, 2025 |
