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ATV ACTIVITIES RELEASE OF LIABILITY,
WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK
AND INDEMNITY ATV ACTIVITIES AGREEMENT
(the ATV Activities Agreement)

Please read this ATV Activities Agreement carefully and be certain that you understand the implications of signing. Note that this Activities Agreement can be signed online (click on the online link) or can be filled out at one of our stations in our facility. The ATV Activities Agreement is valid for one (1) year after signing. At the end of the year, you must execute a new ATV Activities Agreement, provide a new photograph, and update your profile.

ATV RENTAL AGREEMENT AND WAIVER OF LIABILITY The undersigned hereby rent from XTREME PARK ADVENTURES  the following described all terrain vehicle (ATV) or helmet for a limited period of time, upon the following terms and conditions.

XTREME PARK ADVENTURES makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by XTREME PARK  ADVENTURES  in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV on XPA Trails trail property with other like vehicles and riders is a dangerous activity, with a risk of bodily injury or death to others or myself. XTREME PARK ADVENTURES strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. XTREME PARK ADVENTURES  does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release XTREME PARK ADVENTUTRES of any duty legally owed to me in relation to the conduct of this activity.

TERMS AND CONDITIONS

1. RULES OF OPERATION. I agree to follow and be bound by the General ATV Operation Rules made a part of this agreement.

2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV (s) and that passengers will not be carried on any ATV. Riders under the age of 18 years must have this waiver signed by a parent or legal guardian. Should any undersigned person, any minor child under my control or any other person with permission of Page 2 of 4 any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV, or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. I also agree to pay for the loss of use of any ATV  or equipment covered by this agreement damaged by myself or other riders, at the rate of $50 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize XTREME PARK ADVENTURES  to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges I may incur under the terms of this agreement.

3. ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV/UTV or other equipment obtained from XTREME  PARK  ADVENTURES, for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified ATV or any other ATV and/or equipment received or obtained from XTREME PARK  ADVENTURES.

 4. WAIVER AND RELEASE OF CLAIMS. The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever waive, release and discharge XTREME PARK  ADVENTURES, its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the above referenced ATV and any other ATV  or other equipment received and/or obtained from XTREME PARK  ADVENTURES. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.

5. COVENANT NOT TO SUE. I agree and covenant on behalf of myself, my children and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against XTREME PARK  ADVENTURES or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against XTREME PARK  ADVENTURES and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV or any other ATV or equipment received and/or obtained from XTREME PARK  ADVENTURES. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.

6. IDEMNIFCATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold XTREME PARK  ADVENTURES, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above referenced Page 3 of 4 ATV or any other ATV or other equipment received or obtained from XTREME PARK  ADVENTURES. The undersigned likewise shall indemnify XTREME PARK  ADVENTURES, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.

7. PARTIAL INVALIDITY/CHOICE OF LAW. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of North Carolina.

8. EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof.

9. ENTIRE AGREEMENT, NO ORAL MODIFICAITON. This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of XTREME  PARK  ADVENTURES.

10. If you are the parent or legal guardian of the rider identified in this waiver of liability then you hereby consent that the above listed ATV or any other vehicle or equipment I may obtain from XTREME PARK  ADVENTURE may be used and operated by such minor(s) in accordance with the terms of this agreement. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement.

11. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify XTREME PARK  ADVENTURES  and its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of riding equipment or my participation in riding activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of XTREME PARK  ADVENTURES.

 12. I, the undersigned, certify that I/we have read the Rental Agreement and Waiver of Liability and understand the contents of this document. I/we execute it voluntarily in good faith and with full knowledge of its significance.

RENTALS GENERAL OPERATION RULES

1. Only riders who have signed the Rental Agreement and Waiver of Liability (“Agreement”), or a minor whose parent or guardian has signed the Agreement on their behalf, shall operate any ATV, or other rental vehicle.

2. A helmet must be worn at all times while operating or riding in an ATV.

3. Do not operate any ATV or other vehicle in a reckless or dangerous manner.

4. Obey all posted signs and guides instructions.

5. Do not carry persons other than what the machine is designed for.

6. Ride at your current skill level. Don’t push your limit. Be careful!

7. Do not ride outside designated trail areas. This includes areas posted DO NOT ENTER or posted Private Property.

9. Do not participate in any race or other contest involving ATVs  or other vehicles.

10. Do not tow other ATVs  or other vehicles and do not have them tow you and your rental ATV or other rental vehicles. Call your guide to help you!

 11. No alcohol consumption before or during use and possession of rented ATV or other vehicle and equipment.

12. Watch out for cliffs and drop-offs. Be very careful!

13. Avoid contact with wildlife, and keep a safe viewing distance.

14. Be aware of other riders and vehicles. Slow down when approaching a blind corner.

15. Do not park and leave vehicle or equipment unattended.

16. In case of a breakdown or emergency, call your guide. Do not leave a disabled vehicle alone at any time. Additional rental time will be allocated for time lost due to a breakdown for the rider of the down vehicle only.

17. Vehicles are to be returned on time or additional fees will be charged.

18. There are no refunds for early returns.

19. There are no refunds if it rains

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*

Phone*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*

Phone*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*

Phone*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*

Phone*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*

Phone*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*

Phone*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*

Phone*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*

Phone*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*

Phone*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Address

City *

State *
As the Parent, Guardian, or Temporary Guardian with legal responsibility for this participant, I understand the nature of the Zip Line Activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such Zip Line Activities with the capability of following the terms and conditions of this Zip Line Activities Agreement. Further, on behalf of myself and the participating minor, I hereby release, covenant not to sue and agree to indemnify and hold the released parties harmless from any and all liabilities, claims or causes of actions for any injury, damage or wrongful death arising from the minor’s participation in the Zip Line Activities whether caused by his/her negligence or negligence of the released parties or otherwise. Parents or guardians must fill in the PARENT/GUARDIAN portion completely for the minor to be able to participate in any of the Zip Line Activities.


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*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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