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ATV / OFF-ROAD VEHICLE

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT

NOTICE — BY SIGNING THIS DOCUMENT, YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.

In consideration of being permitted to enter, use, and participate in ATV and off-road recreational activities at Vortex Spring Adventures, including the use of ATV trails, off-road trails, riding areas, obstacle areas, staging areas, parking areas, facilities, equipment, and other recreational areas designated by Vortex Spring Adventures (collectively, the “Activities”), I agree, to the fullest extent permitted by applicable law, to the following:

For purposes of this Agreement, “Vortex Spring Adventures” includes Vortex Spring Adventures, LLC, its owners, members, officers, directors, managers, employees, agents, contractors, representatives, affiliates, insurers, volunteers, instructors, guides, trail personnel, maintenance personnel, and any owners or operators of property or equipment used in connection with the Activities (collectively, the “Released Parties”).

1. ACKNOWLEDGMENT OF DANGERS AND ASSUMPTION OF RISK

I understand and acknowledge that ATV and off-road activities are inherently dangerous recreational activities that involve risks of serious bodily injury, permanent disability, paralysis, property damage, and death.

I voluntarily assume all risks associated with entering Vortex Spring Adventures' ATV and off-road areas and participating in the Activities, whether those risks are known or unknown, foreseeable or unforeseeable, obvious or hidden.

These risks include, but are not limited to:

  • ATV or off-road vehicle rollovers;
  • collisions with other riders, vehicles, equipment, structures, trees, fences, gates, or objects;
  • falls from an ATV or off-road vehicle;
  • loss of control;
  • mechanical failure or malfunction;
  • tire failure;
  • brake failure;
  • steering failure;
  • engine failure;
  • electrical failure;
  • uneven or changing terrain;
  • mud, sand, gravel, clay, rocks, roots, ruts, holes, hills, slopes, drop-offs, embankments, ditches, water crossings, streams, and other terrain conditions;
  • fallen trees, branches, stumps, brush, vegetation, debris, and other natural or man-made obstacles;
  • wildlife, insects, reptiles, and other animals;
  • weather conditions, including heat, lightning, rain, wind, storms, flooding, and reduced visibility;
  • actions or negligence of other participants;
  • actions or negligence of employees, contractors, guides, instructors, or other persons;
  • inadequate or negligent rescue or emergency response;
  • injuries caused or aggravated by my own physical condition;
  • failure to follow safety instructions, posted rules, warnings, or directions;
  • the use, operation, loading, unloading, transportation, or maintenance of an ATV or other off-road vehicle; and
  • property damage, personal injury, serious bodily injury, disability, or death.

I understand that no amount of supervision, instruction, inspection, maintenance, caution, or reasonable care can eliminate all risks associated with ATV and off-road activities.

2. RELEASE OF LIABILITY

To the fullest extent permitted by Florida law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties for any and all claims, demands, causes of action, damages, losses, expenses, or liabilities arising from or related to my participation in the Activities or my presence on the property.

This release expressly includes claims arising from the ORDINARY NEGLIGENCE OR NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES, including negligent maintenance, negligent supervision, negligent inspection, negligent operation, negligent instruction, negligent rescue, or other ordinary negligence, to the fullest extent permitted by law.

I understand that I am giving up the right to bring a claim against the Released Parties for injuries, damages, or losses resulting from risks associated with the Activities, including claims arising from the ordinary negligence of a Released Party.

Nothing in this Agreement is intended to release liability that cannot legally be released under applicable Florida law, including liability for conduct that constitutes gross negligence, willful or intentional misconduct, or any other liability that cannot lawfully be waived.

3. INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from claims, demands, damages, losses, liabilities, judgments, costs, and reasonable attorneys' fees arising out of or related to:

  1. My participation in the Activities;
  2. My operation or use of an ATV or other off-road vehicle;
  3. My negligence or intentional misconduct;
  4. My violation of any law, rule, regulation, trail requirement, or Vortex Spring Adventures policy;
  5. Any injury or property damage caused by me;
  6. Any injury or property damage caused by an ATV or off-road vehicle under my control; or
  7. Any claim brought by another person arising from my actions or omissions.

This indemnification obligation applies to the fullest extent permitted by Florida law.

4. ATV AND TRAIL SAFETY REQUIREMENTS

I agree that I will:

  • Follow all Vortex Spring Adventures rules, posted signs, trail markings, warnings, and employee instructions;
  • Operate my ATV or off-road vehicle in a safe and responsible manner;
  • Maintain control of the vehicle at all times;
  • Operate only in areas designated for ATV/off-road use;
  • Stay on designated trails unless expressly authorized otherwise;
  • Maintain a safe speed appropriate for the terrain and conditions;
  • Maintain a safe distance from other riders;
  • Yield as required by posted trail rules;
  • Stop immediately when instructed by Vortex Spring Adventures personnel;
  • Wear all required protective equipment;
  • Inspect my vehicle before use;
  • Immediately report unsafe conditions, accidents, injuries, or damaged equipment to Vortex Spring Adventures personnel;
  • Never operate an ATV while impaired by alcohol, drugs, medication, or any substance that could affect my ability to safely operate the vehicle; and
  • Never operate an ATV in a careless, reckless, aggressive, or unsafe manner.

5. HELMETS AND PROTECTIVE EQUIPMENT

I understand that helmets and protective equipment are required for ATV activities at Vortex Spring Adventures.

Unless Vortex Spring Adventures has specifically established a different written requirement, riders must wear appropriate protective equipment, including:

  • A properly fitted helmet meeting applicable U.S. Department of Transportation standards;
  • Eye protection;
  • Appropriate footwear;
  • Long pants; and
  • Other protective equipment required by Vortex Spring Adventures.

I understand that Florida law requires persons under 16 years of age operating, riding, or otherwise being propelled on an ATV to wear a safety helmet meeting U.S. Department of Transportation standards and eye protection.

Vortex Spring Adventures may impose safety requirements that are stricter than minimum legal requirements.

6. PASSENGERS

I understand that I may not carry a passenger unless the ATV or off-road vehicle is specifically designed and manufactured by the manufacturer to carry a passenger.

I will never carry more passengers than the vehicle was designed to carry.

I understand that many ATVs are designed for a single rider, and that riding as a passenger on a single-rider ATV creates an increased risk of injury. The U.S. Consumer Product Safety Commission recommends that riders never carry more people than the ATV is designed to carry.

7. AGE REQUIREMENTS AND MINORS

I understand that Vortex Spring Adventures may establish age restrictions for the operation or use of ATVs and off-road vehicles.

No person under the age of 16 may operate an ATV at Vortex Spring Adventures unless specifically permitted under Vortex Spring Adventures' written minor-rider policy and all applicable legal and safety requirements have been satisfied.

Where a minor is permitted to participate, the minor's parent or natural legal guardian must complete and sign the required minor participation and assumption-of-risk provisions.

For operations subject to Florida's public-land off-highway vehicle requirements, Florida law requires a person under 16 to be supervised by an adult and, subject to the statutory exceptions, to possess an approved off-highway vehicle safety-course certificate.

Vortex Spring Adventures may impose additional age, supervision, training, vehicle, or equipment requirements regardless of whether a particular requirement applies by statute.

8. NO ALCOHOL OR IMPAIRMENT

I understand that NO PERSON MAY OPERATE AN ATV OR OFF-ROAD VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES, OR ANY DRUG OR MEDICATION THAT IMPAIRS VISION, JUDGMENT, COORDINATION, OR MOTOR FUNCTION.

I understand that Florida law prohibits operation of an off-highway vehicle on public lands while under the influence of alcohol, a controlled substance, or an impairing prescription or over-the-counter medication.

Vortex Spring Adventures may immediately terminate riding privileges for any person suspected of operating while impaired.

9. NO PUBLIC ROAD OPERATION

I understand that ATV and off-road vehicles are intended for designated off-road areas.

I agree that I will not operate an ATV or off-road vehicle on any public road, street, or highway unless such operation is expressly permitted by applicable law and specifically authorized by Vortex Spring Adventures.

Florida law generally prohibits ATV operation on public roads, streets, and highways except where specifically permitted.

10. VEHICLE CONDITION AND INSPECTION

I understand that I am responsible for determining that the ATV or off-road vehicle I operate is appropriate for me and suitable for the Activities.

Before operating, I agree to inspect the vehicle and immediately report any apparent defect, damage, unsafe condition, or malfunction.

I understand that mechanical failure may occur without warning and that Vortex Spring Adventures cannot guarantee that an ATV or off-road vehicle will operate without mechanical failure.

I agree not to operate a vehicle that I believe is unsafe.

11. PROPERTY DAMAGE

I accept responsibility for damage to Vortex Spring Adventures' property, equipment, facilities, trails, signs, gates, landscaping, or other property caused by my intentional misconduct, reckless conduct, negligence, misuse, or violation of the rules.

I understand that I may be responsible for reasonable repair or replacement costs resulting from such damage to the fullest extent permitted by law.

12. EMERGENCY RESPONSE AND RESCUE

I understand that ATV trails and off-road areas may be remote and that emergency medical assistance may not be immediately available.

I acknowledge that emergency response, rescue, transportation, evacuation, and medical treatment may be delayed.

I understand that rescue operations themselves may result in additional injury.

I consent to reasonable emergency assistance and transportation if Vortex Spring Adventures personnel determine that such assistance is necessary.

13. PERSONAL RESPONSIBILITY

I certify that I am physically and mentally capable of participating in the Activities and operating an ATV or off-road vehicle.

I understand that participation is voluntary.

I agree to exercise good judgment and common sense and to immediately stop participating if I believe that conditions are unsafe or if I am unable to safely control the vehicle.

I agree to immediately notify Vortex Spring Adventures personnel of any dangerous condition or hazard that I observe.

14. RULES AND TRAIL CLOSURES

I understand that Vortex Spring Adventures may close, restrict, reroute, or modify trails or riding areas at any time due to weather, flooding, trail conditions, maintenance, safety concerns, environmental conditions, emergency situations, or other operational reasons.

I agree to obey all trail closures and instructions.

I understand that entering a closed area may result in immediate removal from the property and termination of riding privileges without refund.

15. PERSONAL PROPERTY

I understand that Vortex Spring Adventures is not responsible for loss, theft, or damage to personal property brought onto the property or used during the Activities, except to the extent liability cannot legally be excluded.

16. PHOTOGRAPHY AND VIDEO RELEASE

I grant Vortex Spring Adventures, its representatives, employees, and agents permission to photograph and/or record me in connection with my participation in the Activities.

I authorize Vortex Spring Adventures to use such photographs and recordings for lawful promotional, advertising, educational, social media, website, marketing, and other business purposes without compensation to me.

17. VENUE AND GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of Florida.

To the fullest extent permitted by law, any dispute arising from this Agreement or my participation in the Activities shall be brought in a court of competent jurisdiction located in Holmes County, Florida, unless applicable law requires otherwise.

18. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

19. ENTIRE AGREEMENT

I understand that this document contains the entire agreement concerning my participation in the Activities and supersedes prior oral or written representations concerning the matters addressed herein.

No oral statement, promise, or representation shall modify this Agreement unless the modification is made in writing and authorized by Vortex Spring Adventures.

20. ACKNOWLEDGMENT

I HAVE CAREFULLY READ THIS AGREEMENT.

I UNDERSTAND THAT ATV AND OFF-ROAD ACTIVITIES INVOLVE THE RISK OF SERIOUS INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, AND DEATH.

I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE CERTAIN RELEASED PARTIES FOR CLAIMS COVERED BY THIS AGREEMENT.

I UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

I HAVE HAD THE OPPORTUNITY TO READ THIS AGREEMENT, ASK QUESTIONS, AND SEEK INDEPENDENT LEGAL ADVICE BEFORE SIGNING.

I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.


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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.
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