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.
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