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Participant Agreement and Release of Liability

Activity Terms and Conditions


                                                             

               In consideration of the services of ATV Offroad Adventures, US Government, BLM, Bombardier Recreational Products Inc. and BRP US Inc., their agents, owners, officers, volunteers, personnel, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ATV Offroad"), I hereby agree to release, indemnify, and discharge AJAT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.        I acknowledge that my participation in hiking, sightseeing, ATV and UTV Tours, rock climbing, and guided activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

 

The risks include, among other things: slips and falls; falling objects; rugged terrain; weather conditions; accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with or falls from the bicycle; cuts, bruises, burns, abrasions, and concussions; strains, sprains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; loss of fingers or other appendages; the possibility of eye damage or loss of hearing; inhalation or contact with airborne contaminants and or flying debris; electric shock; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; exposure to altitude and cold including hypothermia, acute mountain sickness, exhaustion; loss or damage to equipment being used; equipment failure and/or operator error; improper lifting or carrying; the negligence of participants, or other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; my own physical condition, and the physical exertion associated with this activity; the condition of roads, terrain, or highways and accidents connected with their use.

Furthermore, AJAT personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.            

2.       I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3.       I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AJAT from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AJAT’s equipment or facilities, including any such claims which allege negligent acts or omissions ofAJAT.

4.       Should AJAT or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5.       I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6.        In the event that I file a lawsuit against AJAT, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.          

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit againstAJATon the basis of any claim from which I have released them herein.

               I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

February 4, 2025

   Agreement, Terms and Conditions

1.    Guided Tour: ATV Offroad agrees to provide a guided ATV/UTV tour to Participant and provide the ATV's/UTV, guide and basic riding equipment during the hour/day period of the guided tour.

2.    Attire: Southern Utah is a vast region consisting of a range of topography, geography, and weather. Participants are responsible for furnishing and wearing appropriate attire to accommodate any weather condition. Suggested attire includes long pants, hiking shoes (open toes shoes are not allowed), rain gear and jacket or coat.

3.    Health/Medical Condition: All Health and medical conditions of the participant must be disclosed to ATV Offroad prior to the tour. ATV Offroad reserves the right to terminate or suspend participation of the participant where such health or medical conditions presents an unreasonably greater risk of further injury or where further participation would disrupt the tour or require greater supervision or care by ATV Offroad. ATV Offroad may condition a participant's participation in a tour upon receipt of a doctor's release.

4.    Non-Participation: Each Participant and parent guardian understand and agree that the participant shall not participate in any activity where the participant is not physically or mentally able to participate without an unreasonably greater risk of injury and shall notify ATV Offroad accordingly in a timely manner.

5.    Minors: Parents/guardians will be responsible for minor children at all times. Parent/guardian warrants and acknowledge that any minor in their care will wear a helmet at all times during the tour, that they shall take sole responsibility to ensure that minors shall abide by the rules of this contract.

6.    Damage to Equipment: Participants assume full financial responsibility for damage to the equipment while under control of the participant. Equipment includes but is not limited to ATV’s and UTV’s or any other equipment used in conjunction with the tour. On acknowledgment of damage to ATV Offroad equipment, a $500 charge will be charged to the card on file to cover damages. A complete detailed estimate of the damages will be provided to the participant within 72 hours of the end of the tour and if there is an additional balance do it will be requested at that time.

7.    Warranty of Responsibilities: Parent and guardians warrant they are legally responsible for the minor of which they are the primary caretakers. The signature of either parent or guardian shall be sufficient to bind both to this Agreement. The parent or guardian signing this agreement warrants the same is done for and on behalf of both parents or guardian. Parents/guardians warrant each will comply with and be bound by the provisions set forth herein.

8.    Emergency Attention: In the event of injury to participant, ATV Offroad will attempt to contact a parent or guardian, health care provider, doctor or other health care provider or emergency medical team or person as the circumstances may dictate. The participant and parent/guardian shall pay for all such emergency medical services whether or not covered by insurance.

9.    Alteration: ATV Offroad reserves the right to withdraw, cancel or alter any trip as necessary. Further, ATV Offroad reserves the right to refuse services to any person at any time if in ATV Offroad's absolute discretion it is deemed an appropriate action.

10. Entire Agreement: There are no representations or warranties express or implied, except those specifically and expressly set forth in this agreement. This is the entire agreement between the parties and supersedes and cancels all prior negotiations, representations, understanding, or agreements made, assumed or acknowledged between them. There is no verbal understanding modifying or affecting the performance of this agreement. This agreement cannot be changed, altered, modified, or amended except in writing signed by all parties. If a court finds any provision of this agreement unenforceable as a matter of law, the remainder of the agreement shall remain in force to the fullest extent permissible by law.

11. Legal Action: Legal action commenced under this agreement shall take place in Washington County, Utah. The prevailing party to any such legal action shall be entitled to costs and attorney fees against the losing party.

12. Media Release: I hereby authorize ATV Offroad, to publish photographs/videos/ and other media taken of me and/or my minor child accompanying me on my tour, and our name and likeness, for use in the ATV Offroad print, online and video-based marketing materials, as well as other ATV Offroad publications. I release and hold harmless ATV Offroad from any reasonable expectation of privacy or confidentiality for myself and for my minor child and children associated with the images specified above. I acknowledge that my participation is voluntary and that neither I nor any minor child will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other ATV Offroad publications.

I/We have read the Risk Release and Acknowledgement Form and agree to accept full liability for my safety as well as any minor children in my family. I/We acknowledge that the activity of riding in or on an Off-Road Vehicle (ATV and UTV) is potentially dangerous and I/We agree to hold harmless ATV Offroad in the event of personal injury or death.

February 4, 2025

I agree and understand that the main operator and any additional operators may NOT operate the vehicle if they have been convicted of a DUI/DWI or any similar infraction in the past 3 years. 


 

Driving and Safety Instructions

 

Tire Tracks- Always follow the tire tracks created by the guide, do not swerve or deviate from the set path.

Cell Phones and Camera’s- Drivers must stow and refrain from using cell phones/cameras while their machine is moving.

Standing While Riding- Do not stand fully upright while riding.

Front End to Rear End Collision- To avoid a front end to rear end collision, maintain a minimum of three (3) vehicle lengths of space between vehicles.

Holding Back to Speed Up- Do not increase following distances to make additional space for the purpose of speeding up.

Riding Off Camber- When the machine tips to one side or the other due to the angle of the trail, lean/shift weight to the high side of the tilt. Never extend your legs/feet away from the machine.

Riding on Rock:

a) Firm Grip- Always keep a firm grip on the handlebars with both hands.

b) Slow Controlled Climb- Never go fast or hurry when ascending on rock. Use a smooth/steady throttle and apply only enough power to move up the rock.

c) Look Ahead- There will be no tire tracks on rock. Look ahead to see the proper path to follow and observe the machine in front of you.

Riding in Sand:

a) Downhill- Do not make sharp turns. Turning should be wide, sweeping, and gradual. You may feel your steering slightly drift.

b) Uphill- Momentum is the key. Allow extra space. Gain speed prior to the climb. Accelerate up the complete climb to carry momentum. Adjust speed appropriately for terrain after completion of climb.

c) Sidehill- Maintain speed and momentum over top of arch. No sharp turns. If you lose momentum or feel your rear end slipping, always turn down the hill.

d) Transition- when transitioning from an ascending to descending direction on a sand hill, keep throttle steady and do not attempt to spin the back tires of the machine you are driving.

 

Reality Check ‘Overconfidence’- Remember your skill level. Always ride the way you know how, not the way you ‘think’ you know how. Injuries and equipment damage are the results of riding overconfident.

**THESE INSTRUCTIONS WILL BE REVIEWED WITH YOU IN PERSON BY YOUR GUIDE AT THE BEGINING OF YOUR TOUR

-Once you have read the Driving and Safety Instructions, please Initial



 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant

In consideration of (Listed "Minor") being permitted by ATV Offroad Adventures to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless ATV Offroad Adventures from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. Parent or Guardian of Minor/s: I am authorizing my child to go on this tour as a "rider" or a "driver": Parent or Guardian understands that a "riding" child with an adult is never to touch the controls of the ATV. That includes the starting or operation of said ATV at any time. The parent or guardian accepts full liability of equipment that is operated by their minor child in addition to their own liability of equipment. Parents acknowledge that they have requested their minor child be allowed to operate an ATV and they understand the potential risks as written.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Date of your Tour *
Please select your experience level*

Weight- just give us an estimate *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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