I, hereby acknowledge and agree for myself to the following terms and conditions as consideration to rent and use the off-highway-vehicles and equipment (the "ATVs) of 815 RIDIN' RENTALS, LLC, an Illinois limited liability company ("815 Ridin' Rentals"), to participate in the activity of riding ATVs for recreational and/or competitive purposes:
1. RELEASE AND WAIVER OF LIABILITY. I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, and forever discharge 815 RIDIN' Rentals, its affiliates, managers, members, agents, attorneys, staff volunteers, heirs, representatives, predecessors, successors and assigns (hereinafter collectively referred to as the "Releasees") from any and all liability, claims, demands, actions, and causes of action whatsoever that I may have now or in the future arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any other party, or any of the property belonging to me or any other party, whether caused by the negligence of Releasees, Rocky Glen OHV Park, or any other party or any other theory of liability, arising out of or in connection with my rental, operation, or use of the ATV (the "Activity").
2. ASSUMPTION OF RISK. I am fully aware of and understand the inherent risks involved and hazards connected with the Activity, including but not limited to personal injury, including death, property damage, and the risk of accidents, and I hereby elect to voluntarily participate in the Activity with full knowledge that the Activity may be hazardous to me and my property and to others and their property. I voluntarily assume full responsibility for any risks of loss or personal injury, including death, that may be sustained by me or any other party, or any loss or damage to property owned by me or any other person, as a result of being engaged in the Activity, whether caused by the negligence of Releasees, Rocky Glen OHV Park, any other party, or otherwise.
3. INDEMNIFICATION. I further hereby agree to indemnify, defend, and hold harmless releasees against any and all claims, demands, suits, or actions of any kind whatsoever from loss, liability, damages, compensation or otherwise, including attorney's fees and related costs, caused by me or any other party or brought by me or any other party against Releasees as a result of my participation in the Activity, whether caused by negligence of Releasees, Rocky Glen OHV Park, any other party, or otherwise.
4. SAFETY RULES AND COMPLIANCE. I acknowledge that I have received and understand all safety instructions and guidelines provided by 815 Ridin' Rentals regarding the proper operation of the ATV. I agree to abide by all federal, state, and local laws, as well as any additional rules, regulations, warnings, and instructions, whether written or oral, imposed by 815 Ridin' Rentals or Rocky Glen OHV Park while renting the ATV and engaging in the Activity.
5. CONDITION OF ATV. I have examined the ATV and confirm that it is in good working order and free from any known defects. I agree to report any damage or malfunction of the ATV to 815 Ridin' Rentals immediately upon discovery.
6. FINANCIAL RESPONSIBILITY. I agree to be financially responsible for any loss, damage, or theft of the ATV that may occur during the rental period as a result of any negligent, reckless or intentional conduct by me or any third party. I authorize 815 Ridin' Rentals to charge my credit card on file or retain a security deposit to cover any such loss or damage.
7. BINDING EFFECT. It is my express intent that this Waiver of Liability and Hold-Harmless Agreement (the "Waiver") shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the Releasees.
8. ENTIRE AGREEMENT. This Waiver constitutes the entire agreement between 815 Ridin' Rentals and myself, superseding any prior agreements or understandings, written or oral. I hereby agree that this Waiver shall be construed in accordance with the laws of the State of Illinois.
9. NO DURESS. In signing this Waiver, I acknowledge and represent that: I have read the foregoing Waiver, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least 18 years of age and fully competent, and I execute this release for full, adequate and complete consideration fully intending to be bound by same.
10. SEVERABILITY. In the event that any provision within this Waiver shall be deemed to be severable and invalid, or if any term, condition, phrase or portion of this Waiver shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver shall remain in full force and effect. If a court should find any provision of this Waiver to be invalid or unenforceable, but that by limiting said provision would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced and so limited.
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