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2023 Waiver

WARNING, ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNITY, IMAGE

LIKENESS, and PROPERTY DAMAGE AGREEMENT


READ CAREFULLY BEFORE SIGNING as this Document has Legal Meaning and Significance!

In consideration of the access to the subject property and opportunity to participate in the Activities, as

provided by Adventure Center of Asheville (“ACA”) and its Independent Contractors, employees or

agents, Undersigned acknowledges, understands and agrees that by signing this Agreement

Undersigned is assuming all risks, waiving rights and releasing any claims, against any and all companies,

individuals, and entities involved, including subject property owner(s) listed herein, that may evolve

from Undersigned’s participation and involvement in the Activities.

THE ACTIVITIES involve and include renting of and then driving offroad vehicles, including but not limited

to side-by-sides or UTVs, (“Rental Equipment”) on private land in an offroad setting of non-finished

roads, trails, and land (“Activities”). The hazards and risks of the Activities include, but are not limited to,

vehicle driving, accidents, crashes, and resulting or related injuries, including, but not limited to cuts,

bruises, concussions, broken bones, sprains, paralysis, and even death and/or damage claims to person

or property (“Risks”). UNDERSIGNED UNDERSTANDS AND AGREES THAT THE ACTIVITIES INVOLVE

CERTAIN INHERENT DANGERS AND RISKS THAT CAN LEAD TO INJURY AND EVEN DEATH.

ACA and its employees, agents, and Vendors do not know Undersigned’s skills and abilities as to the

Activities, general physical skills and abilities, or Undersigned’s health status and are not responsible for

such information and Undersigned’s decision making as to engaging in the Activities. If Undersigned has

any questions about Activities or Risks, it should not engage in the Activities until it has asked and

confirmed its understanding.

UNDERSIGNED UNDERSTANDS AND AGREES THAT THE ACTIVITIES ENGAGED IN MAY BE OUTDOORS

AND, IF SO, INVOLVE CERTAIN INHERENT DANGERS AND RISKS THAT CAN LEAD TO SERIOUS INJURY AND

EVEN DEATH. Such additional outdoor dangers and risks include, without limitation, rapidly changing

weather conditions, exposure to the weather and elements (including, but not limited to, sun, rain,

snow, hail and lightning), natural objects and features, the risks involved with rescue operations and/or

medical care conducted by personnel, wildlife encounters, flora and fauna contact and potential allergic

reactions. ACA and the Releasees (outlined below) are not responsible for the applicable water, land,

surface, or weather elements and conditions and Undersigned’s engagement with them during

Activities.

By signing this Agreement, Undersigned on his/her own behalf acknowledges the risks and dangers

associated with the Activities, and the use of any applicable equipment and, as a condition to

Undersigned accessing the property and engaging in the Activities, agrees that and to: (1) Undersigned is

fully responsible for his/her own well-being and choices and decisions, as well as the well-being of all

passengers or other guests involved, and, therein, AGREES TO FOLLOW ALL RULES OUTLINED HEREIN

AND ASSUMES ANY AND ALL RISKS OF INJURY OR DEATH, to the Undersigned and its fellow

guests/invitees, and any potential loss of or damage to Undersigned’s personal property, while or as a

result of attending and participating in the Activities; (2) WAIVES, RELEASES, and NOT SUE, NOR MAKE

ANY CLAIMS OR FILE ANY ACTIONS against ACA LLC, including owners, members, employees, agents,

insurance carrier, subsidiaries, affiliates, shareholders, members, officers, directors, representatives,

assignees, employees, volunteers and Vendors involved in or with the provision of Activities and the

subject property owned MOMS Land LLC (hereinafter the “Releasees”) based on or that result from, in


ACA Offroad Driving Experience Liability Waiver and Property Damage Agreement – Page 2 of 3

whole or in part, access, attendance and participation in the Activities; and (3) INDEMNIFY, DEFEND

AND HOLD Releasees harmless from any and all third party claims, demands, actions, causes of action,

losses or liabilities whatsoever arising from or related to Undersigned’s participation in the Activities,

including any Undersigned act or omission and/or violations of the rules and requirements outlined

herein.

Undersigned gives ACA permission to take and use photographs, video recordings, or other images of

Undersigned taken during Activities for any purpose, commercial or other, in promoting in print,

brochures, online, social media, advertisements, films or videos and/or presentations of any sort.

Undersigned understands that Releasees do not have ultimate control of future use of such materials

and content.

In the event the Rental Equipment and/or the land upon which the Activities occur is damaged, the

Undersigned accepts financial responsibility for such damages and authorizes ACA to charge the

Undersigned’s credit card account used for the Activities booking for all applicable fees and charges

required to repair such damages. Cost of repair or replacement of damaged Rental Equipment could

exceed $20,000.00 USD for full replacement. Further, Undersigned agrees that he/she and all other

guests and invitees will not do anything to endanger life or property damage, including, but not limited

to:

(a) No One Under 21 may drive the Rental Equipment;

(b) All guests are required to wear a seatbelt at all times the vehicle is in motion;

(c) All drivers must complete and pass a driver practice and assessment in the training area;

(d) All drivers will be required to follow a lead vehicle driven by an ACA employee and remain on

the trails designated and follow instruction provided by employee;

(e) All Guests are required to wear an ACA issued helmet and liner;

(f) Guests will be required to remain below communicated speed limits;

(g) No driving or riding without wearing any and all protective clothing or equipment provided by

ACA and sturdy boots or closed-toe shoes;

(h) No driving too fast for the conditions, visibility, and driver experience;

(i) No wheelies, drifting, jumps, stunts, bumping, driving to close to or cutting in front of other

vehicles or other reckless driving or operation at any time;

(j) No “side-hilling” over 30-degree side angle (Rental Equipment Manufacturer maximum) to avoid

turning the Rental Equipment over or rolling it. For any hill over 30 degrees of angle, you must

go directly up and down it;

(k) No driving on public roads or in vehicular traffic;

(l) No operation of the Rental Equipment outside the designated trails;

(m) No driving while under the influence of alcohol and/or drugs; and

(n) Drivers must be aware of hidden dangers when driving over unfamiliar terrain.

GUESTS CAN BE REMOVED FROM DRIVING OR THE ENTIRE ACTIVITIES IF NOT FOLLOWING THE

REQUIREMENTS OF PARTICIPATION, WITHOUT REFUND OR FINANCIAL COMPENSATION.

The Undersigned agrees that he/she is also signing this Agreement on behalf of any minor children for

whom he/she is the parent, guardian, or otherwise responsible for care, custody or control.

Undersigned agrees that he/she will disclose to ACA all potential operators, passengers, and users of

said Rental Equipment. Undersigned further agrees that in the event that he/she fails to notify ACA of

all potential operators, passengers, or users of Rental Equipment, he/she will be personally liable for any


ACA Offroad Driving Experience Liability Waiver and Property Damage Agreement – Page 3 of 3

damages or injuries, to the Rental Equipment caused by undisclosed individuals or to the undisclosed

individuals themselves, respectively, even if such damages arise out of the negligence or fault of ACA.

If there is any dispute or conflict that goes to Court, the losing party agrees to pay the winning party any

and all attorneys’ fees incurred by the winning party. Further, Undersigned agrees to pay any and all

collection costs and fees, including any attorneys’ fees and costs, incurred by ACA in pursuit of amounts

owed under this Agreement. ALL claims arising from or related to any Activities or equipment use shall

be GOVERNED BY NORTH CAROLINA LAW and EXCLUSIVE JURISDICTION/VENUE shall be in Courts of

Buncombe County, North Carolina. This Agreement shall be binding to the fullest extent permitted by

law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be

enforceable.

UNDERSIGNED HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS AND SIGNS IT

WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. This Agreement shall be binding upon Undersigned’s

assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.



First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Weight

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First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Weight

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Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Weight

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Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Weight

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Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Weight

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Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Weight

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Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Weight

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Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Weight

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Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Weight

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Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Weight

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Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Weight

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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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