OFF THE GRID SXS LLCCOMPREHENSIVE ASSUMPTION OF RISK & RELEASE OF LIABILITYApplies to all Off The Grid SxS LLC Events This Agreement is entered into by the undersigned participant (“Participant”) in favor of Off The Grid SxS LLC (“OTG”), including its members, owners, managers, officers, employees, volunteers, contractors, sponsors, vendors, venue owners, landowners, advertisers, media partners, affiliated companies, insurers, and any third or fourth party associated with the Event (collectively “Released Parties”). By signing below, Participant agrees as follows:
1. ACKNOWLEDGMENT OF INHERENTLY DANGEROUS ACTIVITIESParticipant understands that OTG events include inherently dangerous activities including, but not limited to: - Off-road vehicle operation
- Motorsports activities
- Group trail rides
- Vendor operations
- Concerts and amplified entertainment
- Camping
- Bonfires
- Staging, setup, teardown
- Alcohol consumption
- Mechanical failure
- Weather exposure
- Uneven terrain
- Crowd movement
- Third-party conduct
These activities involve risks of: - Serious bodily injury
- Traumatic brain injury
- Paralysis
- Burns
- Broken bones
- Property damage
- Permanent disability
- Death
- Wrongful death
** Participant voluntarily and knowingly assumes ALL RISKS, known and unknown, foreseeable and unforeseeable.
2. RELEASE OF LIABILITY — INCLUDING NEGLIGENCEParticipant hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties for: - Personal injury
- Death
- Wrongful death
- Property damage
- Economic loss
- Emotional distress
- Business interruption
- Medical costs
- Future damages
INCLUDING CLAIMS ARISING FROM: - NEGLIGENCE
- GROSS NEGLIGENCE (to the extent permitted by law)
- PREMISES LIABILITY
- FAILURE TO WARN
- THIRD-PARTY ACTIONS
- EQUIPMENT FAILURE
- EVENT ORGANIZATION
- SECURITY
- CROWD CONTROL
- WEATHER CONDITIONS
This release applies to ANY AND ALL CLAIMS whether arising before, during, or after the Event.
3. INDEMNIFICATION & DEFENSE OBLIGATIONParticipant agrees to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties against: - Any claim brought by Participant
- Any claim brought by Participant’s family
- Any claim brought by Participant’s estate
- Any claim arising from Participant’s actions
- Any claim brought by third parties due to Participant’s conduct
Participant agrees to pay all attorney fees, litigation costs, settlements, and judgments.
4. NO DUTY OF CARE GUARANTEEParticipant acknowledges that OTG makes NO WARRANTIES or guarantees regarding: - Safety of trails
- Safety of vendors
- Security presence
- Crowd control
- Weather conditions
- Medical response time
- Equipment condition
- Event attendance
- Alcohol management
Participant accepts full responsibility for their own safety and conduct.
5. PROPERTY DAMAGE & THEFTOTG is NOT responsible for: - Damage to vehicles
- Theft of equipment
- Loss of merchandise
- Vandalism
- Acts of nature
- Fire damage
- Electrical issues
- Vendor equipment damage
All property is brought at Participant’s own risk.
6. MEDICAL CONSENT & FINANCIAL RESPONSIBILITYParticipant authorizes emergency medical care and accepts full financial responsibility for all medical expenses.
7. MINOR PARTICIPATIONIf signing for a minor, Parent/Guardian: - Consents to minor participation
- Assumes all risks on behalf of minor
- Waives all claims for minor
- Agrees to indemnify OTG for any claim brought on behalf of minor
8. MEDIA RELEASEParticipant grants OTG unrestricted rights to use Participant’s name, image, likeness, video, and voice for promotional and commercial purposes without compensation.
9. MANDATORY ARBITRATION CLAUSEANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EVENT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. - Arbitration shall occur in the county where the Event was held.
- Participant waives the right to file a lawsuit in court.
- Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) or similar governing body selected by OTG.
- Each party shall bear its own attorney fees unless otherwise awarded by the arbitrator.
10. JURY TRIAL WAIVERParticipant knowingly and voluntarily WAIVES THE RIGHT TO A TRIAL BY JURY in any proceeding related to this Agreement.
11. NO CLASS ACTIONParticipant agrees that: - Any claims must be brought individually
- Participant waives the right to participate in a class action lawsuit
- Participant waives the right to join collective claims
12. GOVERNING LAW & VENUE RESTRICTIONThis Agreement shall be governed by the laws of the State Georgia. If arbitration is deemed unenforceable, any legal action must be filed exclusively in the state of Georgia. Participant agrees not to file suit in any other jurisdiction.
13. SEVERABILITYIf any portion of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.
14. ACKNOWLEDGMENT OF LEGAL RIGHTS WAIVEDParticipant acknowledges: - This document is legally binding
- Participant is waiving substantial legal rights
- Participant has had opportunity to consult legal counsel
- Participant signs voluntarily
I Agree Fill out the waiver by scanning Your Driver's LicenseThis scanner is designed as an optional onsite tool to streamline the waiver-signing process. If you are not at the business' location or prefer not to scan your license please skip this option and proceed below to fill out the waiver.Click the button below to start scanning:Start ScanningScanning in progress... Please use the provided barcode scanner to scan your driver's license. |