In consideration of the services of The Sandlot Off-Road Park LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SLORP"), I hereby agree to release, indemnify, and discharge SLORP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in ATV, UTV, dirt bike, jeep, and off-road vehicle activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: There is the possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; further, passengers can be thrown off the machine which can result in any of the above events occurring; accidents involving other machines; collision with fixed or movable objects; flipping over; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense.
Furthermore, SLORP personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SLORP from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SLORP's equipment or facilities, including any such claims which allege negligent acts or omissions of SLORP.
4. Should SLORP or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against SLORP, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
7. I hereby grant SLORP, Company and/or Releasees, without limitation, the right to use my name and likeness in connection with the Activity and/or relating to my having been physically present within the Park for any publicity without further compensation or permission. I agree and understand that any footage/content that I produce, belongs to SLORP and they have the right to use, request, or repost any content produced at the park. SOFRP can request for any content to be deleted from any Social Media outlet at any time. SLORP has the right to ask for said footage at any time.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, may be found by a court of law to have waived my right to maintain a lawsuit against SLORP on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SLORP. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its Terms.
I, the undersigned, have been fully warned and advised by The Sandlot Off-Road Park LLC, (hereinafter collectively referred to as “SLORP”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around all-terrain vehicles (“ATV’s”), utility-terrain vehicles (“UTV’s”), dirt bikes, and off-highway vehicles (“OHV’s”) (whether on the premises or off of the SLORP’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of SLORP and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.
I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.