For and in consideration of my entry upon and use of the premises of Rausch Creek Trailriders, (hereinafter identified as “RCTR”) I, intending to be legally bound, do hereby covenant and agree as follows:
I do hereby agree to abide by all Rausch Creek Trailriders regulations. I acknowledge risk of injury to my person or property and to others while riding, practicing, competing or merely being present on Rausch Creek authorized property. I know and understand that off road riding is an extremely dangerous activity and I will rely on my own judgment and ability and assume all risk of injury, damage or illness while on Rausch Creek authorized property. I will not file suit against Rausch Creek, its officers, its members or any affiliates.
I certify that I am authorized participant of RCTR and acknowledge that the Premises consist in large part of land that is mountainous in topography and that has been extensively logged over, strip mined, deep mined, and that the Premises contain many other hazards which may include but not be limited to other riders, roadways, highways, rail lines, streams, and abandoned strip mines and mine workings. I acknowledge the risks inherent in such hazards and further acknowledge the risks inherent in the operation of ATV’s, motorcycles, snowmobiles and other off-road vehicles on and about the Premises.
I acknowledge and fully understand that I may engage only in off-road riding and related activities upon the Premises and that such activities involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own acts, omissions or negligence of others, and further acknowledge that there may be other risks not known to me or reasonably foreseeable at this time.
I assume ALL of the foregoing risks, and all other risks, whether known or unknown, that may be present in my entry upon and use of the Premises and areas appurtenant thereto, and accept personal responsibility for any and all damages, injuries or illnesses I, my family or my guests may sustain to my or others’ person or property while on the Premises, including permanent disability or death.
I hereby agree, for myself and for my heirs, executors, administrators, representatives, successors and assigns, to release, waive, discharge, indemnify and hold harmless RCTR and all affiliated entities such as its limited and general partners, landlords, agents, employees, volunteers, customers, guests, successors and assigns, including but not limited to Rausch Creek Trailriders, Rausch Creek Powersports, LLC, Rausch Creek Land, L.P., and any and all of its subsidiaries and affiliates, from any and all claims, suits, demands, obligations, actions, rights of damages, including but not limited to claims for personal injury, illness, permanent disability, death or property damage arising from or in any way related to my entry upon and use of the Premises or areas appurtenant thereto.
December 8, 2023