OFF THE TRAIL VACATION RENTALS & CAMPGROUND WAIVER - 2 CONSENT, RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR MINOR *A Minor is a driver/rider/passenger/participant/observer who is under the age of eighteen (18) **All terms used in this Agreement have the same meaning as the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement for Adult CAUTION: READ BEFORE SIGNING. THIS IS DOCUMENT. READ BOTH PAGES. THIS RELEASE WAIVES VALUABLE LEGAL RIGHTS WHICH YOU MAY HAVE. READ IT THOROUGHLY BEFORE SIGNING IT. BY SIGNING IT, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ITS TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM, INCLUDING THE WAIVER OF LEGAL RIGHTS YOU MAY HAVE. 1. IT IS HEREBY UNDERSTOOD, AGREED, AND ACKNOWLEDGED by the undersigned that my child and/or children and/or the Minors listed above (“Minors”) are participating AT HIS/HER/MY OWN RISK and that I, as the parent, or custodial parent if divorced, or legal guardian, have full legal authority to execute this CONSENT, RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR MINOR (“Minor Agreement”) required to be executed by the undersigned PRIOR to minors participating and in consideration for Terra Adventures, Inc. allowing minors to enter the Badlands. I have further read and agree to be bound by the Releasee, Waiver of Liability, Assumption of Risk and Indemnity Agreement for Adult and I agree the same is incorporated herein. 2. I AND THE MINORS HEREBY ACKNOWLEDGE AND AGREE that this off-road facility includes hazardous terrain, racing and other extremely dangerous activities including but not limited to the Use, which is inherently dangerous and risky with many hazards including but not limited to crashing and flipping over and vehicles colliding from going in different directions that can cause property loss or damage, personal and economic losses, personal and bodily injury, disease, partial or total paralysis and death. I and the Minors hereby acknowledge the risks and hazards inherent upon entering said Premises and/or in participating in or observing any of the events, races, driving, or Use at said Premises and voluntarily elect to enter upon said Premises, knowing its present condition and knowing that said condition may become more hazardous and dangerous during the time that I and Minors are upon or near said Premises regardless of the capacity we may be acting in. The minors and I acknowledge that I and the Minors may also face numerous dangers from other parties or participants using the Premises.
3. I AND THE MINORS HEREBY FOREVER RELEASE TERRA ADVENTURES, INC. D/B/A BADLANDS, SAIDAL LLC, ATTICA VACATION RENTALS, LLC, ATTICA MOTORSPORTS, INC., STYLE K INC. D/B/A ADVENTURE RENTALS, OFF THE TRAIL VACATION RENTALS AND CAMPGROUND, DRIVEN PROPERTIES, LLC AND ANY OTHER RELATED OR SUCCESSOR ENTITY (“Releasees”) and their officers, directors, shareholders, managers, members, owners, insurers, agents, servants, employees, attorneys and licensees, of and from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage, diseases, or injury, including paralysis and death, in connection with I and/or the Minors Use of the Premises, whether due from or by the negligence of Releasees and/or negligence of any or each of the undersigned or others, which release includes the negligent acts or omissions or commissions of any or each of the Releasees and their officers, directors, agents, servants, employees, and licensees and any and all third parties. I further understand this Minor Agreement is valid and enforceable from the date the same is executed through and until such time as the same is revoked in writing. 4. IT IS HEREBY UNDERSTOOD, AGREED, AND ACKNOWLEDGED that I and the Minors agree to INDEMNIFY AND HOLD HARMLESS the Releasees and their officers, directors, shareholders, managers, members, owners, insurers, agents, servants, employees, attorneys and licensees from any and all liability of every nature and kind as a result of I or Minors incurring any personal injury, illness, disease and/or death, or any damage to my property or others’ property, and that I and Minors further agree to indemnify and hold harmless the Releasees and all persons from any damages, attorney fees, court costs, expert witness fees, and litigation expenses, and any other costs or expenses incurred by said entities or persons related to any and all claims or litigation. I and Minors agree to pay all attorney fees and costs incurred by the Releasees as a result of any litigation instituted by or on behalf of me or Minors. Jurisdiction and venue of any suit shall be solely in any Court in Fountain County, Indiana and shall be governed by the law of the State of Indiana. BY SIGNING THIS MINOR AGREEMENT, I and Minors agree and declare that we have read this Minor Agreement, fully understand its terms and conditions, understand that I and Minors have given up substantial rights for Minors by signing this Agreement in consideration for entering the Premises in order for Minor to visit, observe, or participate or Use the Premises, and have freely and voluntarily signed without any inducement, assurance, or guarantee being made to me or Minors, and intend my signature to be a complete, absolute, and unconditional release of all liability to the greatest extent allowed by law for me and Minors. I and Minors agree to be bound by all terms, conditions, and obligations herein. I and Minors have conferred with our attorney prior to signing this and I and Minors and our counsel have participated in the drafting of the same. I and Minors agree that any ambiguity be resolved in favor of the Releasees and with the intent that this Agreement shall be a complete and full release such that Releasees shall have no liability whatsoever. I and Minors further agree we have not relied upon any promises or statements other than what is contained in this Agreement and agree that the same is a fully integrated document.
Signature of Parent/Legal Custodian Sign Name CAUTION: READ BEFORE SIGNING. THIS IS DOCUMENT. READ BOTH PAGES. THIS RELEASE WAIVES VALUABLE LEGAL RIGHTS WHICH YOU MAY HAVE. READ IT THOROUGHLY BEFORE SIGNING IT. BY SIGNING IT, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ITS TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM, INCLUDING THE WAIVER OF LEGAL RIGHTS YOU MAY HAVE. |