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

Today's Date: April 24, 2024

IN CONSIDERATION of being permitted to enter for any purpose any RESTRICTED AREA  (herein define as including but not limited to the racing surface, pit areas, infield, burn out area, approach area, shut down area, and all walkways, concessions and other areas of perturtenant to any area where any activity related to the event shall take place (, or being commited to compete, officiate, observe, work for, or for any purpose participate in any way in the event, EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin, acknowledges, agrees and representents that he has, or will immediately upon entering any of such restricted areas, and will continuslly thereafter, inspect such restricted areas and all portions thereof which he enters and with which he comes in contact, and he does further warrant that his entry upon such restricted area or areas and his participation, if any, in the event constitutes and an acknowledgement that he has inspected such restricted area and that he finds and accepts the same as being safe and reasonaably suited for the purposes of his use, 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 will leave the restricted areas; 

1.  HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE PROMOTORS, PARTICIPANTS, RACING ASSOCIATION, SANCTIONING ORGANIZATION OR ANY SUBDIVISION THEREOF, TRACK OPERATOR, TRACK OWNER, OFFICIALS, VEHICLE OWNERS, DRIVERS, PIT CREWS, ANY PERSONS IN ANY RESTRICTED AREA, SPONSORS, ADVERTISERS, OWNERS AND LESSEES OF PREMISES USED TO CONDUCT THE EVENT (s) PREMISES OR EVENT INSPECTOR, SURVEYORS, INSURERS, UNDERWRITERS, CONSULTANTS OR 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), THEIR PARENTS, SUBSIDIARIES, WHOLESALERS, AFFILIATED CORPORATIONS, AND EACH OF THEM, AND THE DIRECTORS, OFFICERS, AGENTS AND EMPLOYERS, OF EACH OF THEM, ALL FOR THE PURPOSES HEREIN REFERRED TO AS THE 'RELEASEES' , FROM ALL LIABILITY to the undersigned his/her personal representatives, assigns, herirs, next of kind for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the "RELEASEES" or otherwise while the undersigned is in or upon the restricted area, and/or competing, officiating in, observing, working for, or for any purposes paraticipating in the EVENT(S).

2.  HEREBY AGREES INDEMNIFY AND SAVE AND HOLD HARMLESS THE 'RELEASEES' and their insurance carariers and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon the restricted area or in any way competing, officiating, observing, or working for, or for any purpose participating at any time in the EVENT(S) and whether caused by the negligence of the "RELEASEES' or otherwise.

3.  HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF 'RELEASEES' OR OTHERWISE while in or upon the restricted areas and/or while competing, officiating, observing, or working for, or for any purpose participating in the  EVENT(S).  

Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE 'RELEASEES'.  EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities of the event are very dangerous and involve the risk of serious injury and/or death and/or property damage.  EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and  inclusive as is permitted by the law of the Province or State in which the event is conducted and that is any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, all further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.

 

MOTOVATION / NJ ATV LIABILITY WAIVER AND GENERAL RELEASE RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to person contact, by contact with contaminated surfaces and objects, and in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and death. Even with social distancing, mask-wearing and development of vaccines, new and emerging variants of COVID-19 may increase risk of transmission and/or mortality.

Motovation / NJ ATV, the owner of the training vehicle and premises upon which training occurs, including each of their affiliates, subsidiaries, members, employees, officers, coaches, instructors, aides, and/or agents (the “Released Parties”) cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while participating in a lesson or tour, or utilizing the Released Parties’ services or premises (collectively, “Training Activities”). It is not possible to prevent against the presence of the disease. Therefore, if you choose to participate in Training Activities, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK:I have read and understand the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself, and for my family members or others who I may expose, in order to participate in Training Activities. These services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to participate in Training Activities.

WAIVER OF LAWSUIT/LIABILITY:I hereby forever release and waive my right to bring suit against the Released Parties in connection with exposure, infection, and/or spread of COVID-19 related to my participation in Training Activities. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

OTHER TERMS: I fully understand and agree that (a) this Release is intended to be as broad and inclusive as permitted by the laws of the State in which Training Activities are conducted; (b) if any portion of this Agreement is for any reason held invalid or legally unenforceable, then the balance shall, notwithstanding, continue in full force and legal effect; and (c) I have had the opportunity to ask any questions about this Agreement and I fully understand its terms and meaning.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND GENERAL RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

 

CANCELLATION POLICY:

CANCELLATION REQUESTS MADE WITHIN 24 HOURS OF SCHEDULED ACTIVITY ARE NON REFUNDABLE AND NON-TRANSFERABLE... NO EXCEPTIONS!!!

PARTIES ARRIVING WITH FEWER NUMBER OF PEOPLE ON THEIR RESERVATION WILL FORFEIT ENTIRE PAYMENT (OF THOSE NOT IN ATTENDANCE) AND THOSE NOT IN ATTENDANCE WILL NOTBE ELIGIBLE FOR A FUTURE TRANSFER

CANCELLATION REQUESTS MADE 24 TO 72 HOURS (1-3 DAYS) PRIOR TO SCHEDULED EVENT WILL RESULT IN A $50 CANCELLATION FEE PER VEHICLE RESERVED

THOSE ARRIVING LATE WILL NOT BE ELIGIBLE FOR A REFUND!  (IT IS YOUR RESPONSIBILITY TO ARRIVE ON TIME)

Should you need to cancel or reschedule your event, simply provide us with a MINIMUM of 72 hours notice PRIOR to your scheduled event and we will gladly refund 100% of your payment, reschedule, or modify your activity with no penalty what-so-ever. 

Riders that are riding irresponsible or in such a way to potentially hurt themselves, others, or our vehicles will have their session ended early without any refunds.  

Riders who arrive under the influence WILL NOT be permitted to ride, will forfeit their payment, and be asked to leave.

THE UNDERSIGNED HAS READ AND AGREES TO SAID CANCELLATION POLICY/TERMS AND VOLUNTARILY SIGNS THIS AGREEMENT.

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
Parent or Guardian's Email Address

Email*
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A signed copy of this waiver will be sent to the email address you provide.
Motovation & NJ ATV Rentals: Responsibility for Loss or Damage & Limitation of Use

Today's Date: [date]

I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV(s), off road vehicle(s), and equipment.  Should any undersigned person, minor under my control, or any other person associated with my reservation, operate any above referenced vehicle in such a manner or fail to exercise adequate care of the same so as to result in loss of or damage to such vehicle, equipment, or property, I agree to be personally liable and financially responsible for all loss of and damage caused.  I AGREE TO PAY FOR ANY AND ALL SUCH LOSS OR DAMAGE DUE TO MY OPERATIONS OF SUCH VEHICLE. I also agree to pay for the loss of use of any ATV or other vehicle covered by this agreement damaged by myself or others in my party, at the rate of $50 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I agree to allow Motovation and/or NJ ATV the right to terminate my session, at their sole discretion, in the event I am posing danger to myself or others and agree to forfeit my entire payment (without a refund) should my session be terminated.

I hereby authorize Motovation/NJ ATV to charge my credit card account that was provided as part of this transaction for any and all damage and loss of use charges I incur under terms of this agreement.

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Location & Event Date
LOCATION*
Englishtown, NJ

EVENT DATE(S) *
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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