Turpentine Creek Wildlife Refuge, which includes its officers, directors, owners, employees, contractors, affiliates, or agents (“TCWR”), has discussed the risks and potential dangers inherent in attending a dual-sport ride. I certify that I am physically fit, have sufficiently prepared for participation in this visit. I certify that there are no health-related reasons or problems which preclude my participation in this activity. In consideration of my being allowed to enter the Arkansas 500, I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS RIDE, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
By Signing Below, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE TCWR and Scott Smith, Tanya Smith, and Victor Smith from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me as a result of this activity; and
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE TCWR, Scott Smith, Tanya Smith, and Victor Smith from any and all liabilities or claims, including attorneys’ fees, made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
Acknowledgment of Understanding: I HAVE READ THIS WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE TCWR, Scott Smith, Tanya Smith, and Victor Smith FOR ANY DAMAGES SUSTAINED. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND I INTEND BY MY SIGNATURE FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
BY SIGNING BELOW, I EXPRESSLY AGREE THAT THIS WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF ARKANSAS AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
Today's Date: November 15, 2019