For purposes of this Agreement, “Minor” shall include all of the following people under the age of 18 for whom Patron is the legal guardian (list every minor included in this Agreement):
In consideration of the Patron and/or the Minor(s), as applicable, being permitted to enter onto the real property and utilize the real property and improvements (the “Premises”) operated by GREASY BEND OFF ROAD PARK, LLC (“Greasy Bend”), and to participate in any and all activities on the Premises, including, but not limited to, using or operating all-terrain vehicles, motorcycles, and any and all other types of motorized vehicles for on-road and off-road use (collectively, a “Motorized Vehicle”), motor-cross or racing, utilizing any and all tracks, trails, improvements, buildings, facilities, equipment or goods operated by Greasy Bend for any reason, or participating in or observe events sponsored or hosted by Greasy Bend (collectively, the “Activities”), the Patron, individually and on behalf of the Minor(s) as legal guardian, and each of the Minors for himself/herself and for his/her heirs, personal representatives, successors and assigns, agree to the following terms and conditions:
Patron, individually and on behalf of the Minor(s) as legal guardian, as applicable, acknowledges and agrees to the following:
- He/she is on the Premises voluntarily and of his/her/their own free will choosing to participate in the Activities, and it is the Patron’s choice to enter and bring the Minor(s) onto the Premises, and that the Activities may involve travel on motor vehicles at a high rate of speed and that such Activities are subject to mishap and even injury to or the death of participants and or spectators, including, but not limited to, broken bones, internal injuries, paralysis, or fatal injury, as well as the loss of or damage to personal property.
- Patron and/or Minor(s) may be injured, damaged or die as a result of the acts or omissions of themselves or of other persons and the participation in any Activities.
- He/she acknowledges there are certain inherent risks associated with off- road motor vehicle activities and the Activities on the Premises, including but not limited to, physical injury, potential contact with snakes, spiders and wild animals, and exposure to waterborne diseases. There is no treated water on the Premises.
- He/she acknowledges that Greasy Bend has not made any representation or warranty as to the condition of the Premises or the safety of engaging in the Activities. It is Patron’s sole responsibility to keep himself/herself and the Minor(s) away from all unsafe or dangerous conditions on or about the Premises and to use due care engaging in the Activities, and Patron will remain solely responsible for himself/herself and the Minor(s) regarding any incident related to the Premises or the Activities.
- He/she VOLUNTARILY ASSUMES THE FULL RISK of any injuries, illnesses, damages or loss, regardless of the severity thereof, that Patron and the Minor(s) may sustain as the result of engaging in any Activities at and on the Premises. The risk of injury includes, but is not limited to, minor injuries such as abrasions and bruises, and more serious injuries such as broken bones, muscle pulls and dislocations. The risk of injury also includes catastrophic injury such as permanent paralysis or even death. The risk of illness includes the exposure to waterborne illnesses, including E-coli, Cryptosporidiosis, and other infections. Patron, individually and on behalf of the Minor(s) as legal guardian, understands that even with caution and reasonable hygiene, waterborne bacteria and parasites can infect participants in Activities at the Premises who touch water, are splashed, or who swallow and inhale even small amounts of water. Symptoms of waterborne illnesses include cramps, nausea, fever and severe diarrhea.
- He/she acknowledges the contagious nature of the novel coronavirus, COVID-19 (“COVID-19”), and voluntarily assumes the risk that Patron and the Minor(s) may be exposed to or infected by COVID-19 by others present on the premises or participating in a Greasy Bend event and that such exposure or infection may result in personal injury, illness, permanent disability, or death. He/she understands that the risk of becoming exposed to or infected by COVID- 19 on the Premises or at a Greasy Bend event may result from the actions, omissions, or negligence of Patron, the Minor(s), or others, including, but not limited to, Greasy Bend officers, members, employees, contractors, volunteers, representatives, event participants, event attendees, or any member of their families or other persons with whom they have come into contact. By signing this Agreement, Patron hereby agrees, represents, and warrants that neither Patron, the Minor(s), nor any member of his or her family (i) has within the past fourteen (14) days experienced any symptoms of COVID-19, including, without limitation, fever, cough, sore throat, runny nose, congestion, fatigue, nausea, vomiting, diarrhea, muscle aches, body aches, loss of taste or smell, headache, or shortness of breath; (ii) has a suspected or diagnosed/confirmed case of COVID-19; or (iii) has had contact with any individual in the past fourteen (14) days who has a suspected or diagnosed/confirmed case of COVID-19.
- Patron waives any and all claims, and agrees to release and agrees not to sue Greasy Bend, any land owners of the Premises, any landowners of property adjoining or adjacent to the Premises, promoters, participants, racing associations, sanctioning or administrative organizations thereof, sponsors, advertisers, Premises and events inspectors, and others who give recommendations, directions, or instructions, or engage in risk evaluation or loss control activities regarding the Premises or event(s) thereon, and for each of them, their respective owners, officers, managers, members, employees, representatives, agents, affiliates, subsidiaries, successors, and assigns (the “Released Parties”) with respect to any and all claims, liabilities, penalties, suits, expenses (including attorneys’ fees and costs), medical expenses, emergency response expenses, or any losses of any kind, sickness, illness, death or impact due to any illness or virus, including but not limited to exposure to, infection from, or contracting of COVID-19, damage, death, or other loss in any way connected with Patron’s or the Minor(s) presence on the Premises or participation in any Greasy Bend events or Activities. Patron further AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from, against, and with respect to any and all claims, causes of action, damages, injuries, expenses (including court costs and attorneys’ fees), medical expenses, emergency response expenses and losses of any kind (i) sought or brought by or on behalf of Patron, the Minor(s), their dependents, their spouses, or any of their other family members, or any of their estates, or heirs for, relating to, or arising from any injury, sickness, illness, death, or impact due to the contracting of any illness or virus, including COVID-19; and/or (ii) sought or brought by any other person, including without limitation, who has entered the Premises or has participated in or attended any Greasy Bend event, for, relating to, or arising from any injury, sickness, illness, death, or impact due to the contracting of any illness or virus, including COVID-19, caused or occasioned by Patron’s, Minor’s, or any of Patron’s dependents’ or family members’ presence on the Premises or participation in or attendance of a Greasy Bend event.
- He/she, with the full knowledge of the potential risks for injury, illness or disease, the Patron hereby GIVES CONSENT TO PARTICIPATE IN SUCH ACTIVITIES for himself/herself and the Minor(s) and represents that Patron has full legal authority to provide such consent.
- Acknowledging that such risks exist, Patron, individually and on behalf of the Minor(s) as legal guardian, and all of their personal representatives, assigns, heirs, and next of kin, hereby forever AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AND WAIVES, RELEASES, DISCHARGES AND COVENANTS NOT TO SUE the Released Parties, of and from any and all liabilities, strict liability, claims, damages, punitive damages, property damage, actions or causes of action, that the Patron, Minor(s), anyone on Minor’s behalf, his/her heirs, or personal representatives have or may have for or relating to any injury or damage to the person or property of the Patron, of the Minor(s) or arising from the injury to or wrongful death of a third person, any of which were suffered or claimed to have been suffered as a result of or in relation to (i) the Activities, (ii) the condition of the Premises, (iii) the action or inaction of any of the Released Parties, including but not limited to any claim that an act or omission was caused in whole or in part by the negligence of one or more of the Released Parties or resulted from a hidden, latent or obvious defect(s) in the Premises or a Greasy Bend sponsored event, or (iv) the action or inaction of any other patrons, any trespassers, and any other party or third-party including any acts of violence, sexual violence or sexual assault, and any other legal or illegal action by any other party.
- He/she, with full knowledge and acceptance of these facts and obligations, EXPRESSLY ASSUMES THE RISK of their participation in the Activities and agrees that Greasy Bend and the Released Parties shall have no liability or legal duty to Minor(s) or the Patron for the risks that Patron, individually and on behalf of the Minor(s) as legal guardian, is voluntarily and expressly assuming.
- He/she further agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any claim, action or proceeding from and against all liabilities, strict liability, claims, damages, punitive damages, property damage, actions or causes of action, for or relating to Patron’s and/or Minor(s)’ participation in any of the Activities at the Premises or a Greasy Bend sponsored event.
- He/she understands the safety concerns and is SOLELY RESPONSIBLE for Patron’s and the Minor(s)’ safety, as well as for Patron’s and the Minor(s)’ failure to comply with the terms of this Agreement, regardless of whether the act or omission was caused in whole or in part by the negligence of one or more of the Released Parties or by hidden, latent or obvious defects at the Premises.
- He/she certifies, covenants and warrants: (i) that Patron and the Minor(s) have the skills and ability needed to carefully and competently participate in the Activities, which Patron and the Minor(s) will employ, (ii) that Patron and the Minor(s) will not drive in any river, lake, pond, or any other body of water not specifically designated by Greasy Bend, (iii) that Patron and the Minor(s) will not contribute any alcohol or drugs to any other party or any minors, (iv) that Patron and the Minor(s) will wear a helmet and all safety gear as recommend by the manufacturer, dealer, or distributor of the Motorized Vehicle operated by Patron and the Minor(s), (v) that Patron and the Minor(s) will not operate any Motorized Vehicle outside of the scope and recommendations of the manufacturer, dealer, or distributor of said Motorized Vehicle and will only operate said Motorized Vehicle according to the specifications, limitations, and recommendations of the manufacturer, dealer, or distributor of said Motorized Vehicle, (vi) that Patron and the Minor(s) will not trespass onto any other land or property of any other land owners outside of the Premises, (vii) that Patron and the Minor(s) will wear seat belts at all times while operating or riding a Motorized Vehicle, (viii) that Patron and the Minor(s) will not jump off of any cliffs or any other dangerous terrain, (ix) that Patron and the Minor(s) will not engage in any hunting or poaching on the Premises or any adjoining property, (x) and that Patron and the Minor(s) agree and recognize that there could be flooding, changing weather events, and the occurrence of natural events and that Patron and the Minor(s) are responsible for taking the proper precautions related thereto.
- Patron and the Minor(s) is not aware of any physical condition or circumstance that would prevent himself/herself from engaging safely in motorized off-road vehicle activities, and he/she is in fact qualified and able to engage safely in motorized off-road vehicle activities. Patron will not allow Minor(s) to engage in any motorized off- road vehicle activity unless Patron has personal knowledge that the Minor(s) is qualified and able to engage safely in the motorized off-road vehicle activity.
- He/she has inspected the vehicle(s) that Patron and the Minor(s) brought to the Premises or a Greasy Bend sponsored event, and that Patron and Minor(s) have no knowledge of any condition that might render the vehicle(s) or Patron’s or the Minor(s)’ abilities to control the vehicle(s) in an unsafe manner in any way.
- He/she certifies that Patron and the Minors have no health condition that will put Patron, the Minor(s), or others at risk while participating in the Activities.
- He/she agrees that Patron and the Minor(s) will follow all rules set forth by Greasy Bend as they relate to the Activities/Premises and further agrees to adhere to all safety standards applicable to the safe operation of any vehicle, off-road or otherwise, as set forth by the manufacturer of said vehicle. He/she agrees to abide by all local, state and federal laws regulating the possession, distribution and consumption of alcohol and “scheduled”/controlled substances including prescription medications and he/she acknowledges that Minor(s) are not permitted to drink alcohol on the premises.
- He/she certifies that Patron and the Minor(s) have sufficient health, accident, and liability insurance to cover bodily injury or property damage Patron and/or Minor(s) may incur while on the Premises and to cover bodily injury or property damage caused to a third party as a result of their participation in the activities described above. If Patron has no insurance for himself/herself and/or the Minor(s), Patron certifies that he/she is capable of personally paying for any and all such expenses or liability for himself/herself and the Minor(s).
- He/she agrees that Greasy Bend may take and use photographs, video, film, and other images of Patron or the Minor(s) participating in or observing activities. Patron, individually and on behalf of the Minor(s) as legal guardian, waives the right of privacy, publicity, compensation, copyright or other rights to those images and consents to Greasy Bend using those images for any purpose of himself/herself and any Minor.
The laws of the State of Arkansas shall govern this Agreement. Any provision, clause or term of this Agreement that is invalid, illegal or unenforceable in any respect shall be severed and be made ineffective to the extent of such invalidity, illegality or unenforceability without in any way affecting the validity, legality or enforceability of the remaining provisions and terms of the Agreement.
I am the true and correct legal guardian of the Minor(s) and have read and fully understand this Assumption of Risk, Release of Liability and Indemnity Agreement and agree personally and on behalf of the Minor(s) to be bound by its terms. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM WAIVING SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO ASSERT CLAIMS AGAINST, SUE OR RECOVER FROM GREASY BEND AND THE RELEASED PARTIES BOTH PERSONALLY AND ON BEHALF OF THE MINOR(S). I sign this Agreement freely and willingly.
Signed waiver is valid through December 31, 2022.
Date: December 10, 2022