I, acknowledge that, KMD, LLC. d/b/a SuFu Tractor (hereinafter referred to as “KMD”) has a tractor and trailer on which KMD sells rides in and around Sioux Falls, South Dakota, (herein after referred to as the “SuFu Tractor”); and that I have bought or someone has purchase a seat on my behalf on the SuFu Tractor for a ride beginning at approximately, date listed below; and, that KMD does provide, sell or serve alcoholic beverages during rides on the SuFu Tractor. KMD, its owners, operators, employees, agents, and servants are not responsible or liable for any damages to myself or third parties that result from the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. I further acknowledge that, should I consume alcohol on the SuFu Tractor, that I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. That should I purchase alcohol for family, friends, guests, or third parties on the SuFu Tractor, I acknowledge that I am solely responsible for any and all damages suffered by myself or third parties as a result of providing alcohol to others to include but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. I further acknowledge that I have read this waiver of liability in its entirety and agree with its terms. That I have executed the waiver voluntarily and without any inducement. I hereby for myself, my heirs, executors, administrators, or anyone else who might make a claim on my behalf, covenants to waive, release, not to sue, and discharge KMD, its owners, operators, employees, agents, and servants (hereinafter the “Released Parties”) from any and all liability, property damage, personal injury, death, disfigurement, or loss of consortium. This waiver extends to any and all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I further agree that if, despite this Agreement, I; or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim, and do so into perpetuity. I acknowledge that I have voluntarily elected to participate in the SuFu Tractor Ride. I understand that I am participating in a possibly dangerous activity, which may include loss or damage to personal property and a risk of possible bodily damage. I agree to indemnify and hold harmless KMD LLC from and against any and all liabilities, actions, demands or claims arising out of or related to my election to participate in the SuFu Tractor Ride. These claims include tort claims, contract or otherwise and include any legal fees. I irrevocably authorize KMD LLC. to use photographs and videos of me or my property and authorize KMD LLC. to use these photos for publicity, advertising or publishing. These photos can be used in both print and electronic form. I hereby release and discharge KMD LLC., its employees, representatives and assignees from any and all damages, claims and liabilities related to or as a result of the use of these photographs and videos. We reserve the right to charge your supplied form of payment for any damage caused by you or member of your party to our tractor, trailer or any other property belonging to KMD LLC or PAve or any of their property. In additional to actual damages, you may be charged a cleaning fee in the amount of $100 in the event of excess cleaning requirements or the need to clean up bodily fluids. Today's Date: May 10, 2026 |