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NORTHUMBERLAND COUNTY ANTHRACITE OUTDOOR ADVENTURE AREA AUTHORITY

 

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Anthracite Outdoor Adventure Area (AOAA) General Information

 

USER RULES:

All visitors to the AOAA must check-in at the Welcome Center before using the area.

All trail users must have a valid AOAA Permit.

All riders and passengers must complete and sign the liability waiver.
At least one person in each riding group must have a charged and working cell phone in their possession.

GPS or location smart phone app recommended (ex: MAPRIKA app).

No alcoholic beverages or illegal drugs on the AOAA property.
Firearms or weapons of any kind are prohibited except during hunting seasons.
Parking is permitted in designated areas only.
Stay on marked trails. Stay within the posted area of the AOAA.

Expect oncoming traffic and always be courteous and utilize proper trail etiquette.

Camping is not permitted on AOAA property. ONLY AT TRAILHEAD CAMP GROUND 570-495-4453
TREAD LIGHTLY and be respectful of other users.

Pack it in- Pack it out.  Remove all litter.

 

ATV and MOTORCYCLE:

Everyone must wear an DOT approved helmet and protective eye wear (goggles, face shield, glasses, etc.). NO BICYCLE HELMETS!
Wear protective footwear---no open toes or sandals permitted.
Recommended rider gear ---gloves, chest protector, long pants and long sleeve shirts.
No passengers unless the unit is manufactured for the driver and a passenger.
We recommend riding in groups of 2 (two) or more.

 

SIDE-BY-SIDE UTILITY VEHICLE (UTV):

Everyone must wear an DOT approved helmet and protective eye wear (goggles, face shield, glasses, etc.). NO BICYCLE HELMETS
The number of passengers carried on a side-by-side utility type vehicle shall be limited by the number of manufacturer installed seat belts or as approved by an AOAA official.
All riders must keep their hands, arms, feet, head and legs inside the vehicle at all times during operation.
Units should be equipped with Roll-Over Protection System from the manufacturer or a suitable alternate.
Machines must be equipped with manufacturer seat belts and must be in good working order.

 

FULL-SIZE VEHICLES SAFETY REQUIREMENTS:

All full-size vehicles must have the following: MUST TRAVEL IN GROUPS OF TWO OR MORE

Proper roll-over protection to include the passengers.
Battery tie down (no bungee cords).
Seat belts for everyone in the vehicles, fire extinguisher and trash bag for liquid spills.
At least one tow point (example: tow hook or receiver hitch)
Front and rear tow points are mandatory for the harder trails along with a winch and locker.

 

PROHIBITED ACTIVITIES:

Starting or maintaining a fire except in a designated fire pit, grill or stove.
Damaging or removing, in whole or in part, a living or dead tree, shrub or plant.
Damaging, or removing rock, shale, sand, clay, soil or other mineral product, natural object or material.
Feeding wildlife.
Dumping, litter, trash, refuse, garbage, bottles, or pollutants.
Disorderly conduct of any kind.

 

Failure to comply with AOAA rules, regulations and safe operating procedures may result in arrest, fines, temporary or permanent banning from using the facility.  A full set of official rules are available at the Trailhead.  All official rules must be followed.

Emergency Contact numbers:

AOAA Trailhead

(570) 648-2626

Geisinger-Shamokin Area Hospital

4200 Hospital Road

Coal Township, PA 17866

 

 

 

(570) 644-4200

 

AOAA Security

(570) 452-4363

(570)238-4078

Emergencies dial - 911

 

 

Today's Date: July 16, 2019

THIS IS A RELEASE OF LIABILITY - READ CAREFULLY BEFORE SIGNING.
BEFORE SIGNING THIS DOCUMENT - IT IS A BINDING AGREEMENT

WAIVER AND RELEASE OF LIABILITY (1/01/2019)

In consideration of the Northumberland County Anthracite Outdoor Adventure Area Authority (hereinafter NCAOAAA) granting access to the lands leased, owned or otherwise used as the Anthracite Outdoor Adventure Area (AOAA), I agree as follows:

I understand and acknowledge that:  (a) risks and dangers exist in accessing AOAA; (b) my assessing the AOAA may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the appointed officials, employees, agents, and business associates of NCAOAAA, the negligence of the person signing this release, the negligence of others, accidents, breaches of contract, the forces of nature or other causes; (d) these risks and dangers may arise from foreseeable or unforeseeable causes; and (e) by my accessing the AOAA, I HEREBY ASSUME ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR LOSSES AND/OR DAMAGES, whether caused in whole or in part by the negligence of myself or others, or conduct of appointed officials, employees, agents, or business associates of NCAOAAA.

I, on behalf of myself, my personal representatives and my heirs and assigns, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify NCAOAAA, its appointed officials, employees, agents, or business associates from all claims, suits, or causes of action for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my assessing the AOAA lands.  Such access may include, but shall not limited to, tours of the lands, the use of off-pavement or other types of vehicles (either my own or those furnished by NCAOAAA its agents and business associates), participation in driver education, trail rides, trail clean ups, property beautification, general admission to AOAA lands, off-road related group/club activities, motorcycle riding, or ATV/quad riding, camping, hiking, biking, horseback riding, walking, jogging, running or any other activities, scheduled or unscheduled. 

I specifically understand that I am waiving and forever releasing and discharging NCAOAAA, its appointed officials, employees, agents or business associates from any and all claims or causes of action that I may have presently or which may arise in the future.  This waiver and release is effective for all acts, neglect or otherwise, and conduct by NCAOAAA, its appointed officials, employees, agents or business associates for conditions of or the land, whether natural or artificial, acts of other riders, or acts or omissions of adjacent landowners or tenants of adjacent landowners on their lands.

I agree that, should any claim or action arise from the accessing of lands planned, leased, or considered for use as the Anthracite Outdoor Adventure Area, including any issue as to the applicability of this release or any provision contained within it, proper jurisdiction and venue will lie only in Northumberland County, Pennsylvania, and I waive jurisdiction and venue anywhere else.  

I acknowledge that I have only been granted access to AOAA, that maps of the AOAA have been made available to me and that it is my duty and responsibility, regardless of whether there are or are not signs so designating, to be or become familiar with the AOAA boundaries prior to accessing the AOAA.  I acknowledge that it is my duty and responsibility to not enter lands of adjacent landowners, that by doing so I may be trespassing and that there may be serious, unforeseen dangers on adjacent lands.  Further, I agree that I will not access those AOAA lands that have been designated off-limits or out-of-bounds as the same may be being used for mining or other activities that could pose a danger of death or serious bodily injury from causes seen or unforeseen.  I hereby indemnify and hold harmless NCAOAAA, its appointed officials, employees, agents, as well as adjacent landowners, tenants of adjacent landowners, co-tenants of AOAA lands (whether of the surface or subsurface) or business associates, for any and all injuries or damages to person or property that I may suffer or injury or damages to person or property that my actions may cause.  

BY MY INITIALS HEREON, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FORGOING WAIVER AND RELEASE OF LIABILITY

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE THE NORTHUMBERLAND COUNTY ANTHRACITE OUTDOOR ADVENTURE AREA AUTHORITY, (hereinafter NCAOAAA), ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND BUSINESS ASSOCIATES, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE INCLUDING CONDITIONS OF OR ON THE AOAA LANDS, WHETHER NATURAL OR ARTIFICIAL I ALSO EXEMPT AND RELIVE ADJACENT LANDOWNERS OR TENANTS OF ADJACENT LANDOWNERS FROM ANY AND ALL LIABILITY RELATED TO ACTS OR OMISSIONS OF THOSE ADJACENT LANDOWNERS OR TENANTS OF ADJACENT LANDOWNERS COMMITTED ON THEIR LANDS OR RELATING TO THE CONDITION OF THEIR LANDS. 

I FURTHER EXPRESSLY AGREE THAT THE FOREGOING WAIVER AND RELEASE OF LIABILITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA,  AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.

I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT AND INDUCEMENT.

I CERTIFY THAT ANY VEHICLE(S) I BRING ONTO AOAA LANDS IS/ARE LAWFULLY REGISTERED, INSPECTED, AND INSURED, AND THAT I HAVE NO KNOWLEDGE OF ANY CONDITION THAT MIGHT RENDER THE VEHICLE(S) UNSAFE IN ANY WAY.  ADDITIONALLY, I CERTIFY THAT I AM PHYSICALLY AND MENTALLY HEALTHY AND HAVE NO CONDITION THAT WILL PUT ME AT RISK WHILE PARTICIPATING IN ANY ACTIVITIES, SCHEDULED OR UNSCHEDULED, AS HEREIN DESCRIBED.  FURTHERMORE I AGREE THAT I WILL NOT BRING, CONSUME, OR DISTRIBUTE ALCOHOL OR ANY ILLEGAL DRUGS ON AOAA LANDS FOR MY OWN PERSONAL CONSUMPTION AS WELL AS CONSUMPTION OF OTHERS.  ADDITIONALLY I AGREE THAT I WILL NOT FURNISH ALCOHOL OR ANY ILLEGAL DRUGS TO MINORS FOR CONSUMPTION ON THE COUNTY PROPERTY OR PROMOTE CONSUMPTION OF ALCOHOL OR ILLEGAL DRUGS BY MINORS ON AOAA LANDS.  

I Agree

*****************PLEASE READ AND INITIAL, THAT YOU HAVE*****************

Received a copy of the AOAA rules & regulations and agree to abide by them:

Signed an AOAA waiver of liability form and take responsibility for all actions of those named on this form.

By signing below, I agree to abide by the rules of the AOAA.  Failure to follow these rules and act in a responsible manner may lead to my pass being forfeited and access denied to the AOAA riding area. 

 

DATE RELEASE SIGNED: July 16, 2019

IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin:

Acknowledges, agrees, and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
HEREBY RELEASES,WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and leassees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns all for the purposes herein referred to as "Releasees." FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED'S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise...
HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

ALL SECTIONS MUST BE COMPLETED

I HAVE READ THIS RELEASE

DATE RELEASE SIGNED: July 16, 2019

IN CONSIDERATION of my minor child ("the Minor") being permitted to participate in any way in the EVENT(S) and/or being permitted to enter for any purpose any RESTRICTED AREA(S) (defined to be any area which requires special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited), I agree:

I know the nature of the EVENT(S) and the Minor's experience and capabilities, and believe the Minor to be qualified to participate in the Event(s). I will inspect the premises, facilities, and equipment to be used, or with which the Minor may come in contact. IF I OR THE MINOR BELIEVE ANYTHING IS UNSAFE, I WILL INSTRUCT THE MINOR TO IMMEDIATELY LEAVE THE RESTRICTED AREA AND REFUSE TO PARTICIPATE FURTHER IN THE EVENT(S).
I FULLY UNDERSTAND and will instruct the Minor that: (a) THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and participation in the Event(s) and/or entry into Restricted Areas involves RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS"); (b) these Risks and dangers may be caused by the Minor's own actions, or inactions, the actions or inactions of others participating in the Event(s), the rules of the Event(s), the condition and layout of the premises and equipment, and/or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS NOT KNOWN TO ME or that are not readily foreseeable at this time; (d) THE SOCIAL AND ECONOMIC LOSSES and/or damages that could result from those Risk(s) COULD BE SEVERE AND COULD PERMANENTLY CHANGE THE MINOR'S FUTURE.
I consent to the Minor's participation in the Event(s) and/or entry into restricted areas and HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW.
I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any Restricted Area, sponsors, advertisers, owners and lessees of premises used to conduct the Event(s), premises or event inspectors, surveyors, underwriters, consultants and other persons or entities who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event(s) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as "Releasees," FROM ALL LIABILITY TO ME, THE MINOR, my and the minor's personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME OR THE MINOR, including, but not limited to, death or damage to property, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE.
If, despite this release, I, the Minor, or anyone on the Minor's behalf, makes a claim against any of the "Releasees" named above, I AGREE TO DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE "RELEASEES" NAMED ABOVE, WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I sign this agreement on my own behalf and on behalf of the Minor.

I HAVE READ THIS PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, UNDERSTAND THAT BY SIGNING IT GIVE UP SUBSTANTIAL RIGHTS I AND/OR THE MINOR WOULD OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASIONED BY THE RELEASEES' FAULT, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT.

I HAVE READ THIS RELEASE

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*

Phone*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*

Phone*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*

Phone*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*

Phone*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*

Phone*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*

Phone*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*

Phone*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*

Phone*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*

Phone*
Tenth Participant's Date of Birth*
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:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Primary Pass Holder Information

User Vehicle Type:

Make:

Color:
Pass Information
Pass Type
Fullsize
ATV/UTV/SxS
Child
Motorcycle
Passenger
THIS IS TO CERTIFY THAT I AM A PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE BELOW NAMED MINOR PARTICIPANT, AND I FURTHER DO CONSENT AND AGREE TO THE MINOR’S RELEASE OF NORTHUMBERLAND COUNTY, ELECTED OFFICIALS, EMPLOYEES, AGENTS AND BUSINESS ASSOCIATES AND ALL OTHER RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OR ACTION WHICH ARE OR MAY BE INCIDENT TO OR ARISE FROM PARTICIPANT MINOR’S INVOLVEMENT IN THESE PROGRAMS. I FURTHER AGREE THAT THIS RELEASE INCLUDES ANY AND ALL CURRENT AND FUTURE CLAIMS OR CAUSES OF ACTION, FORESEEN AND UNFORESEEN, THAT MAY BE RAISED BY THE MINOR PARTICIPANT, MYSELF, MINOR’S HEIRS, MY HEIRS, MINOR’S ASSIGNS, MY ASSIGNS, MY NEXT OF KIN AND/OR MINOR’S NEXT OF KIN. I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE ATTACHED WAIVER AND RELEASE OF LIABILITY, AND, BY MY SIGNATURE AND INITIAL HEREON, I ACKNOWLEDGE THAT I APPROVE OF AND AGREE TO THE SAME ON BEHALF OF THE MINOR PARTICIPANT.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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