Participants MUST FILL OUT THE WHOLE FORM
You are Becoming a Class B Member For the Day
The ENTIRE Form must be completed to participate in the park.
WARNING! OPERATING AND/OR RIDING AN ATV AND ALL ITS RELATED ACTIVITIES C AN BE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION AT THIS EVENT. YOU CAN BE SERIOUSLY INUJU RED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN OPERATING AND/OR RIDING AND ITS RELATED ACTIVITIES, EVEN AS A SPECTATOR AT THE EVENT.
EXCULPATORY AND ASSUMPTION OF RISK AGREEMENT, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE
THIS EXCULPATORY AND ASSUMPTION OF RISK AGREEMENT, RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS A LEGAL DOCUMENT. It is hereinafter referred to as " the Agreement." The parties to this Agreement are, on one hand, myself, my heirs, my personal representatives and all others who may claim by or through me at any time including any representative(s) of my Estate and, on the other hand, Rydelt WD LLC ; Ryde It Off Road Park, LLC , Ryde It Real Estate, LLC , Rydelt Events, L . L . C ., Rydelt LLC , Pitbull Powersports , Throttle Outfitters, LL C , along with any employee, agent, representative, instructor, contractor, shareholder, officer, director, subsidiary, affiliate, parent company, insurer, successor or assignee of them, herein collectively referred to as the " Promoters".
I agree that my initials and signature, where indicated in this Agreement, is my acknowledgment of the contents of the paragraph in question and is my legally binding agreement to and acceptance of this Agreement's provision. I WILL NOT SIGN OR INITIAL ANY PART OF THIS DOCUMENT UNLESS IT IS FULLY UNDERSTOOD AND I AGREE TO BE BOUND BY ITS CONTENTS.
VOLUNTARY CHOICE I desire to either operate or ride on an AT V/UT V/off- road vehicle ( collectively "ATV " ) and I have come to participate in this event and to spectate of my own free will and not due to any inducement or duress whatsoever. I understand that part of the required consideration for being allowed to operate and/or ride on an ATV and participate in this event is my execution of all the provisions of this Agreement.
NATURE OF SPORT AND ASSUMPTION OF ALL ASSOCIATED RISKS I understand that operating and/or riding on an ATV and all its attendant activities such as operating and/or riding in an ATV at a high rate of speed or o n rugged terrain is a DANGEROUS, CALCULATED RISK activity which can, and sometimes does, result in SERIOUS, PERMANENT BODILY INJURY OR DEATH to its participants. I understand that I will be operating and/or riding on an ATV at a high rate of speed on such terrain, which is a dangerous thing to do . I understand that I can be injured or killed, EVEN IF I DO EVERYTHING AS I WAS INSTRUCTED TO DO AND EVEN IF I AM ONLY SPECTATING. I am accepting these and all other accompanying risks in order to be allowed to drive and/or ride on an ATV of my own free will and with full understanding of the possible consequences and potential dangers.
I hereby personally ASSUME ALL RISKS OF ANY NATURE FOR ANY DEATH, INJURY OR OTHER DAMAGES to myself, my property or the property of others which may in any way, whether foreseeable or not, arise out of my operating and/or riding on an ATV or my use of ATVs and all accompanying facilities and equipment, and/or from the actions - specifically including negligent acts or omissions - of all persons involved either directly or indirectly in this activity, even if I am only a spectator. I KNOW AND FULLY APPRECIATE THAT OPERATING AND/OR RIDING ON AN ATV OR BEING NEARBY AS A SPECTATOR EXPOSES ME TO RISK OF SERIOUS PERSONAL INJURY AND DEATH. I FULLY APPRECIATE THESE DANGERS AND VOLUNTARILY ASSUME THESE RISKS.
RELEASE AND WAIVER OF ALL CLAIMS FOR NEGLIGENCE OR OTHERWISE For valuable consideration including, but not limited to , the opportunity to participate as a spectator at the event and in operating and/or riding on an ATV, I for myself, my heirs, representatives, assigns, successors, administrators and anyone else claiming by or through me HEREBY EXPRESSLY RELEASE, DISCHARGE, HOLD HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS ( INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) – WHETHER FORESEEABLE OR NOT – ARISING FROM NEGLIGENCE, CARELESSNESS, STRICT LIABILITY, OR OTHRWISE which I may presently or at any time in the future possess against anyone associated with this event including, but not limited to : Promoters, any employee, agent, representative, shareholder, officer, director, subsidiary, affiliate, parent company, successor, contractor or assignee of Promoters, any participants, racing association, sanctioning organization or any subdivision thereof, track operator, track owner, officials, ATV owners, ATV operators, operating instructors, pit crews, any persons in any restricted areas, sponsors, vehicle equipment and parts manufacturer distributors and suppliers, advertisers, owners and lessees of the premises used to conduct the event and each of them, their officers and employees ( all of whom are hereinafter collectively referred to as the " RELEASED PARTIES") that are involved in my operating and/or riding on an ATV with which the RELEASED PARTIES have any connection, or which may presently or in the future arise out of , or in any manner occur in connection with, my operating and/or riding on an ATV, or as a spectator at the event in association with the RELEASED PARTIES. This Release and Waiver is meant to and shall apply to any and all claims, causes of actions, demands, or sums of money that I may have or be entitled to from any of the RELEASED PARTIES as a consequence of any type of damage (whether personal or property), loss, death or injury I, or my heirs, representatives or anyone claiming by or through me has or may in the future have as a consequence of my participation in ATV activities that in any way involve the RELEASED PARTIES, and regardless of whether the claim, cause of action or demand is grounded in negligence, tort, contract or any other legal basis for recovery other than intentional conduct specifically intended to injury me.
COVENANT NOT TO SUE I agree never to institute any lawsuit or action at law or otherwise against any of the RELEASED PARTIES, nor to initiate or assist in the prosecution of any claim or cause of action for damages or injury, that I, my heirs, assigns, representatives, successors or administrators may have either nor or a t any time in the future by reason of any loss or injury ( including death) to my person or property arising from the activities contemplated by or in this Agreement.
DAMAGES IN THE EVENT OF A BREACH OF THIS AGREEMENT In the event of a breach of this Agreement by me , my heirs, my Estate or anyone acting on my behalf or through me , I AGREE AND WARRANT THAT I WILL BE LIABLE TO PAY, AND WILL PAY, EACH OF THE RELEASED PARTIES THEIR ACTUAL ATTORNEY FEES, COURT COSTS, AND OTHER EXPENSES CAUSED BY SUCH BREACH and will otherwise make them whole for any and all sums of money they have to expend because of a breach of this Agreement, and that I will otherwise be liable as provided by law. I also agree and represent that if I, my heirs, representatives, or anyone acting for or on my behalf files or threatens to file suit against any of the RELEASED PARTIES for any claim that is or may be barred and/or relinquished by this Agreement, such shall constitute a material breach of this Agreement. Notwithstanding the foregoing remedies for such a breach, I agree and warrant that the existence of such remedies in favor of the RELEASED PARTIES in no way deprives them of their other rights under this Agreement or at law including their right to have any such suit or claim I or those acting through me may bring against them barred or dismissed based on the releases and waivers set forth in this Agreement.
WARNING! OPERATING AND/OR RIDING AN ATV AND ALL ITS RELATED ACTIVITIES CAN BE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION AT THIS EVENT. YOU CAN BE SERIOUSLY INUJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN OPERATING AND/OR RIDING AND ITS RELATED ACTIVITIES, EVEN A S A SPECTATOR AT THE EVENT.
NOTICE OF THE ENFORCEABILITY AND VALIDITY OF THIS AGREEMENT I understand and agree that if I, or anyone on my behalf, initiates any suit or action at law against any of the RELEASED PARTIES for any loss or injury, no matter how minor or severe, to my person or property, that this document will be used in court. I ALSO UNDERSTAND THAT AGREEMENTS SUCH AS THIS HAVE BEEN UPHELD IN COURT BEFORE IN CONNECTION WITH INJURIES, LOSS AND DEATH ARISING OUR OF ATV OPERATING AND RIDING ACTIVITIES.
| COVENANT THAT THE EVENTS COVERED BY THIS AGREEMENT ARE NOT ULTRAHAZARDOUS NOR DO THEY INVOLVE A PUBLIC SERVICE I hereby affirm that, while dangerous and risky, the activities covered by this Agreement are not ultrahazardous activities for which one can be held strictly liable, nor are they activities that serve the public good or are in the public's interest. Rather, they are recreational activities in which I am voluntarily participating for my own enjoyment.
CONDITION OF HEALTH I hereby state and represent that I am in good physical and mental health and am able to withstand the physical and mental stresses inherent in the activities contemplated by this Agreement. I further state and affirm that I am unaware of any health-related problem that may affect my ability to participate, if I so chose, in the activities contemplated by this Agreement or to spectate at this event. I further state and affirm that I am not presently taking any drugs, prescription or otherwise, including any controlled substances which may impair my ability to participate in the operating activities which is strictly prohibited. I HERFEBY STATE AND AFFIRM THAT I WILL NOT USE ALCOHOL, CONTROLLED SUBSTANCES, O R OTHER DRUGS THAT MAY AFFECT MY ABIITY TO OPERATE PRIOR TO OR DURING THE EVENTS CONTEMPLATED BY THIS AGREEMENT AT ANY TIME. I UNDERSTAND THAT THIS PROVISION IS NOT INTENDED TO COVER M Y USE OF PRESCRIPTION DRUGS THAT HAVE NO AFFECT ON MY ABILITY TO SAFELY OPERATE AN ATV.
LEGAL AGE OF CONTRACT I hereby state that I am of lawful age (18 YEARS OF AGE OR OLDER) and legally competent to execute this Agreement and further understand that the terms contained herein are contractual in nature, and not a mere recital and that I have executed this Agreement of my own free will.
NOTICE OF OPPORTUNITY TO CONSULT LEGAL COUNSEL I understand that I am in no way obligated to sign this Agreement and, further, that I AM FREE TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL at my own expense prior to signing this Agreement and that any advice, su gg estions , or statements made by any of the RELEASED PARTIES are not binding upon them unless they are set forth in this Agreement.
CONTINUATION OF OBLIGATIONS I hereby agree and acknowledge that all the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I participate either directly or indirectly in operating and/or riding on an ATV or as a spectator at an event of Promoters, or while associated with, any of the RELEASED PARTIES, and all the terms of this Agreement shall be binding upon my heirs, representatives, successors and administrators of my estate.
AGREEMENT TO BE INTERPRETED IN FAVOR OF THE RELEASED PARTY I understand that this Agreement applies to all phases of my involvement in ATV activities, as operator, passenger or spectator, involving the RELEASED PARTIES and it is my intention that this document be BROADLY CONSTRUED in favor of any and all of the RELEASED PARTIES and AGAINST ME and that any and all ambiguities in it be resolved in favor of the RELEASED PARTIES.
VALIDITY/ENFORCEABILITY IN WHOLE AND IN PART This is a legally binding Agreement. If a court should decide that any clause or other portion of this Agreement is illegal or unenforceable, agree that such a determination shall not affect the validity and enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. Missouri procedural and substantive law shall govern and control this Agreement.
I have carefully read this entire Agreement, without any time constraints being placed upon me , and fully understand and agree to be bound by its contents. I am aware that by signing this Agreement I AM GIVING UP IMPORTANT LEGAL RIGHTS AND IT IS MY INTENTION TO DO SO FREELY AND WITHOUT COERCION OR DURESS OF ANY TYPE. Permission is hereby granted for Promoter's use of all photos and videos from this event in which I am captured, and I hereby waive any rights of compensation or ownership in such materials.
RYDE It Off Road Park, LLC Class B Membership Application
The membership interest represented by this application is subject to restrictions and may not be sold, transferred or pledged. I have received a copy of all rules and restrictions that apply to the Class B Membership as stated in the RYDE It Off Road Park LLC operating agreement ( please see reverse side).
RYDE It Off Road Park, LLC Any violation of a club rule is grounds for membership termination
Noise Curfew is 10:00 PM . This includes any and all type of noises including but not limited to generators, voices, motorized vehicles, dogs barking, etc. The intent is to respect those trying to sleep or enjoy a peaceful evening. Night riding is allowed, but must avoid the 80 and the corner trails. Helmets and eye protection must be worn while riding motorcycles or 4 -wheelers.
Sign in when arriving. This helps us know who is out on the ranch in case of an emergency. It will also help you to determine if you are the only one in camp so that you can lock the gate. 5 MPH speed limit in camp at all times; watch for kids Camp roads are not a general riding area; they should only be used to get from one point to another. If you are the last to leave, lock the gate. Never ever leave any trash of any kind anywhere. DEAD firewood can be collected anywhere from the property. No cutting of green trees unless explicitly approved by Land Manager. A limited number of electric hookups are available for $ 5 per night for RYDE It Off Road Park LLC Class B Members. Land Owners pay as part of their expense allocation, so they do not pay a fee. Lodge Room Rental is available at prevailing rates. Check with Land Manager for details. No open riding on event days. Those days include, but are not limited to , the enduro , the hare scramble, the poker run and the Hillbilly event. No riding on Ranch during Gun Deer Season without permission of Land Manager. It is your responsibility to be aware of the dates. Be responsible by always maintaining a safe and controllable speed on all roads. No racing 4 wheelers allowed on RYDE It Off Road Park 4 wheelers restricted to ATV Loop No Hunting without permission of Land Manager Do not remove any item, no matter its apparent value from the land owner's property without explicit and exclusive permission from the Land Manager. Make sure you know the clubs riding boundaries. Ask someone if you are not sure. Pets are welcome, but are the responsibility of the member.
Event Rules Active RYDE It Off Road Park, LLC members do not pay gate on event weekends. All workers must wear identifying vest. All pets must stay on leash the weekend of the event. No riding of any motorized vehicle on the day of event other than by participants and workers.
Dues Policy Dues are $ 140 ( or two payments of $ 75 ) for family membership per year and $ 95 ( or two payments of $ 50 ) for individual membership. Dues are payable on the first of January each year.
A Two payment option is available. The first payment due January 1st and the second is due July 1st . Payments must be equal payments. Renewals are due on January 1 . If not received by January 15th , a $ 25 late fee is added. If payment is not received by January 30th , then membership is cancelled and the RYDE It Off Road Park, LLC may sell the membership to another prospective member. The second payment must be received by July 15 . or a $ 25 late fee is added.
I have read all of the rules and understand and agree to abide by them.
Today's Date: October 27, 2020