2019 AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK
IN CONSIDERATION of being permitted to utilize the facilities of M1 LONG ISLAND REALTY, LLC and M1 LONG ISLAND, LLC and Moto 1 Long Island LLC, (and their associated entities) to engage in ATV/motorcycle/motocross riding activities, instruction, riding and related activities hereinafter collectively referred to as “ATV (All Terrain Vehicle) /motorcycling/motocross activities”, as defined in paragraph 5 in this contract, I HEREBY AGREE AS FOLLOWS:
I Agree 1.I understand that this document is a binding contract between me and the entities described herein as M1 LONG ISLAND REALTY LLC, M1 LONG ISLAND LLC and Moto 1 Long Island (herein after collectively referred to as M1LI) and certify that I am of legal age or I am the parent of the child listed above and under no legal disability of which would prevent me from entering into a binding contract.
I Agree 2.I am aware that, “ATV/motorcycling/motocross activities” are inherently dangerous and may result in injury or death and agree that the unforeseen may happen and no one can delineate all risks or possibilities of error. Therefore, I specifically include in this Release, any injury resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated or not contemplated which is any way connected with my “ATV/motorcycling/motocross activities” and/or presence on the premises known as MOTO 1 LONG ISLAND.
I Agree 3.PARTIES INCLUDED: I understand that this Agreement, Release of Liability and Assumption of Risk includes but is not limited to, Marc Leibowitz, R.J. Valentine, M1LI and any of its or their members, its agents, customers, associated entities, employees, volunteers, instructors, the owners of any land utilized for “ATV/motorcycling/motocross activities”, any manufacturer of any piece of equipment or gear which I may use or am using at the time of my INJURY or DEATH and anyone involved in any way, shape, form or manner in my “ATV/motorcycling/motocrossactivities” hereinafter referred to in this Agreement Release of Liability and Assumption of Risk at M1LI.
I Agree 4.This entire Contract, Release of Liability and Assumption of Risk is expanded to include all parties mentioned anywhere in the body of the document by name or by category, all vendors or suppliers of materials or equipment for “ATV/motorcycling/motocross activities”, including but not limited to the manufacturer of the equipment, its employees, directors; officers and shareholders, and all associated entities, shareholders, partners, employees and all other persons in any way associated with any entity mentioned, either specifically or by implication, in the body of this document.
I Agree 5.RISKS CONTEMPLATED: This Agreement is made in contemplation of all “ATV/motorcycling/motocross activities”, which for purposes of this agreement shall include but not be limited to all occurrences contemplated or not contemplated, foreseen and unforeseen, instruction, ATV, motorcycling, motocross, experimental test motorcycling or ATV riding, ground instruction and related activities, any rescue operations or attempts by M1LI, whether on or off the designated ATV/motorcycling/motocross area, or facilities used by M1LI, ground transportation provided to me by any entity in anyway associated with M1LI and any activity whatsoever in any way, shape, form or manner connected with my “ATV/motorcycling/motocross activities” or my presence on or near the facility and grounds of M1LI. These risks shall be referred to for the purposes of this agreement as “ATV/motorcycling/motocross activities”.
I Agree 6.PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability and Assumption of Risk be binding not only on myself but on anyone or any entity, including my estate and my heirs, that may be able to or do sue because of my injury or death. It is further my understanding and agreement that this Release is intended to and does in fact release M1LI as defined in paragraphs 1 and paragraph 3 from any and all claims or obligations whatsoever, foreseen and unforeseen, contemplated or not contemplated arising in any way from my participation in “ATV/motorcycling/motocross activities”, even if caused by the negligence or other fault of M1LI.
I Agree7.RELEASE OF LIABILITY: I hereby release and discharge M1LI from any and all liability, claims, demands or causes of action that I may hereafter have for injuries or damages arising out of my “ATV/motorcycling/motocross activities” even if caused by the negligence or other fault of M1LI.
I Agree 8.COVENANT NOT TO SUE: I further agree that I WILL NOT SUE OR MAKE CLAIM AGAINST M1LI or any employee, agent or owner for damages or other losses sustained as a result of my “ATV/motorcycling/motocross activities” even if caused by negligence or other fault of M1LI, their agents, employees, instructors, other guests or members, and or owners of M1LI.
I Agree9.INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD M1LI HARMLESS from all claims, judgments and costs, including but not limited to actual attorney’s fees, and to reimburse M1LI for any expenses whatsoever incurred in connection with any action brought as a result of my participation in “ATV/motorcycling/motocross activities”, including but not limited to actions brought by myself or on behalf of myself or my estate and further acknowledge that in the event of any lawsuit, this Release can and will be used against me by M1 LONG ISLAND REALTY, LLC, MOTO1 Long Island and M1 LONG ISLAND, LLC, (M1LI).
I Agree10.ASSUMPTION OF RISK: I understand and acknowledge that “ATV/motorcycling/motocross activities” are inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN “ATV/MOTORCYCLING/MOTOCROSS ACTIVITIES” WHETHER SUCH RISK IS FORSEEN OR UNFORSEEN, CONTEMPLATED OR NOT CONTEMPLATED AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF M1 LONG ISLAND REALTY, LLC, M1 LONG ISLAND, LLC,Moto1 Long Island including but not limited to equipment malfunction from whatever cause, inadequate training or supervision, any deficiencies in the motorcycling area, rescue attempts or any other cause whatsoever. Including but not limited to those set forth in paragraph 5, even if those injuries are caused by the negligence or any other fault of M1LI.
I Agree 11.LIMITATION OF WARRANTY: M1LI hereby warrants that any equipment provided by M1LI has been previously used for “ATV/motorcycling/motocross activities”. This warranty is the only warranty made and is in lieu of any other warranties, express or implied,including but not limited to warranty of merchantability or fitness for a particular purpose. I have read the above paragraph, acknowledge that I understand it and accept the limitation of warranty. If I or my child is injured, I acknowedge that I or my child may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses. I understand and agree that M1LI WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I OR MY CHILD IS INJURED. I acknowledge that my participation in ATV/Motorcycling/Motocross activities in purely voluntary and I elect to participate in spite of the risks associated. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. I expressly agree and promise to accept and assume all of the risks existing in this activity including unanticipated risks that could result in physical or emotional injury, including but not limited to broken bones, sprained or torn ligaments, paralysis or death.
I Agree 12.In the event any agent of M1LI is guilty of willful and wanton, or any conduct outside the scope of this contract, I agree that that agent’s action shall be beyond the scope of his/her employment and nor attributable to anyone on any agency theory, or any other theory.
I Agree13.DURATION OF RELEASE: It is my understanding and intention that this Release and Agreement shall be effective not only for my first use of the premises but for any and subsequent uses or “ATV/motorcycling/motocross activities” and shall be in full force and effect from the signing of this Agreement until such time it is cancelled by M1LI.
I Agree 14.I hereby agree and waive any and all duty of care, whether by omission or commission, or any other duty which may be owed to me by M1LI.
I Agree 15.ENFORCEABLITY: I agree that if any of this Agreement, Release of Liability and Assumption of Risk are found to be unenforceable or against public policy, that only that portion shall fail, but I specifically waive any unenforceability or any public policy argument that I may make or that may be made on my behalf of my estate or by anyone who would sue because of my injury or death.
I Agree16.I am, by reading this paragraph, being made aware that the general rule is that this type of document is to be narrowly construed and ambiguities are to be decided against the person or entity preparing the document. By accepting this paragraph, I expressly waive that rule and specifically agree that this document be broadly construed in favor of M1LI and against me and that all ambiguities be resolved in favor of M1 LONG ISLAND REALTY,LLC Moto 1 Long Island, and M1 LONG ISLAND, LLC, (M1LI).
I Agree 17.It is further agreed between the parties that no matter where venue lies, any lawsuits shall be filed in State Court of Suffolk County, New York.
I Agree 18.I hereby agree to reimburse M1LI for any loss or damage to any equipment of any kind whatsoever caused by my personal negligence or other wrongdoing. I agree to reimburse M1LI for any damage incurred on any rental motorcycle, rental Quad or rental ATV, or safety equipment while rented to me or in my possession. I agree to be responsible for any damage I may cause to other riders, their equipment or motor vehicles.
I Agree19.I hereby authorize M1LI or its assignee to take any photographs and videos as they may deem appropriate of myself or my party and to use those photographs in such a manner as they may deem appropriate and specifically waive any interest, proprietary or otherwise, I may have in such photographs.
I Agree 20.I further acknowledge that I have been told that I do not have to go forward at this time and that any monies that I have tendered prior to this date, will he refunded in the event I chose not to continue.
I Agree 21.GIVE UP LEGAL RIGHTS: I understand that by signing this agreement I am giving up important legal rights and it is my intention to do so.
I Agree 22.Even though I may have failed to accept some of the paragraphs of this document I still intend to be bound by all paragraphs. I further understand that this document can only be amended in writing with the amendment signed by M1LI and myself.
I Agree 23.UNDERSTANDING OF AGREEMENT: I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS TERMS AND I UNDERSTAND THAT BY SIGNING THIS, I HAVE FOREVER GIVEN UP IMPORTANT LEGAL RIGHTS.
I Agree 24.I UNDERSTAND THAT WHEN I SIGN THIS DOCUMENT I WILL BE GIVING UP ANY AND ALL RIGHTS WHICH I OR MY HEIRS MAY HAVE TO SUE ANYONE IN ANYWAY, SHAPE OR FORM ASSOCIATED WITH MY USE OF THE PREMISES, MOTORCYCLING, EVEN IF THE ENTITY CAUSED MY INJURY OR DEATH BY THEIR NEGLIGENCE.
I Agree 25. I HAVE BEEN GIVEN AN OPPORTUNITY TO READ THIS DOCUMENT. I HAVE DONE SO. I UNDERSTAND ITS CONTENT. I INTEND THAT NOT ONLY I, BUT ALSO MY HEIRS, MY FAMILY ANY ANYONE WHO MIGHT ACT ON MY BEHALF IN ANY CAPACITY WHATSOEVER BE BOUND BY ITS TERMS. SHOULD M1LI or affiliates or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify, reimburse and hold them harmless for all such fees and costs.
I, the undersigned, in order to participate in related activities being offered by M1 LONG ISLAND REALTY, LLC and M1 LONG ISLAND, LLC and Moto 1 Long Island (M1LI), its officers, volunteers, agents, successors and assigns, I hereby assume all responsibility and risks related to property damage to M1LI's equipment, personal liability, or personal injury in any way connected with the related activities and provided the aforementioned information I do understand and accept for myself, my heirs, executors, successors and assigns, and do hereby release, waive, discharge and covenant the right to sue, of and from any and all Property Damage actions, personal liability, or personal injury, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation arising out of, on account of, related to, or in any way connected with the undersigned's participation in any related activities being offered by M1LI, its officers, volunteers, agents, successors and assigns.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT
I have read the foregoing Waiver of Liability and Hold Harmless Agreement, 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 eighteen (18) years of age or my guardian will sign with me. I certify their express permission if not signed. I’m fully competent; and I execute the Release for full, adequate and complete consideration fully intending to be bound by same.
THIS IS A RELEASE - READ BEFORE SIGNING - YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS
**all annual memberships end on December 31 - no matter when they began during the year**
July 16, 2019