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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.

Please select who is giving permission for the minor
Minor
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I, the parent, or custodial parent if divorced, or legal guardian hereby authorize the minor listed below to participate in motorized off-road activities on
(start date of event) *

through

(end date of event) *

at the location operated by Terra Adventures Inc. an Indiana corporation d/b/a The Badlands Off Road located in Attica, Fountain County, Indiana on the above date(s).

It is understood by me that my child is participating AT THEIR OWN RISK and that I, as the parent, or custodial parent if divorced, or legal guardian, have full legal authority to execute this Consent and Release, Hold Harmless, Assumption of Risk and Indemnification Agreement required to be executed by me prior to my child participating this day.

I understand this Release, Hold Harmless, Assumption of Risk and Indemnification Agreement waives valuable legal rights for me and my child and creates obligations for me to TERRA ADVENTURES INC, SAIDAL LLC, STYLE K INC, ATTICA VACATION RENTALS, DRIVEN PROPERTIES LLC, and OFF THE TRAIL VACATION RENTALS AND CAMPGROUND. I understand my child may suffer serious and permanent injuries or death as a result of participation. I understand that this contract releases and holds harmless TERRA ADVENTURES INC, SAIDAL LLC, STYLE K INC, ATTICA VACATION RENTALS, DRIVEN PROPERTIES LLC, and OFF THE TRAIL VACATION RENTALS AND CAMPGROUND, and their officers, directors, shareholders, agents, servants, employees and licensees from any and all liability for injury, death or property damage including that caused by the negligent acts of omission or commission by TERRA AVENTURES INC, SAIDAL LLC, STYLE K INC, ATTICA VACATION RENTALS, DRIVEN PROPERTIES LLC, and OFF THE TRAIL VACATION RENTALS AND CAMPGROUND, and their officers, directors, shareholders, agents, servants, employees and licensees to the fullest extent of the law.

I hereby understand and agree that by signing this document that I agree to indemnify and hold harmless TERRA ADVENTURES INC, SAIDAL LLC, STYLE K INC, ATTICA VACATION RENTALS, DRIVEN PROPERTIES LLC, and OFF THE TRAIL VACATION RENTALS AND CAMPGROUND, and their agents, servants, employees, licensees, officers, directors and shareholders from any and all liability of every nature and kind as a result of my child being injured or killed or any property damage to my property or others property and that I further agree to indemnify such entities and persons from any damages, attorney’s fees, court costs, expert witness fees and expenses and any other costs or expenses incurred by said entities or persons.

By signing this Agreement, I declare I have read this release, waiver of liability , assumption of risk and indemnity agreement, fully understand its terms and conditions, understand that I have given up substantial legal rights by signing it in order for my child to participate, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete, absolute and unconditional release of all liability to the greatest extent allowed by law and I agree to be bound by all terms, conditions and obligations therein.


First Parent/ Legal Guardian Name
First Name*
Middle Name
Last Name*
Phone*
First Parent/ Legal Guardian Date of Birth*
Date of Birth
First Parent/ Legal Guardian Signature*
Parent or Legal Guardian Email Address
Email*
Confirm Email*
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Parent or Legal Guardian Driver's License / ID Card
Driver's License / ID Card Number*
Issuing State*
REQUIRED: Parent or Legal Guardian must upload image of Driver's License or State issued photo ID
Parent or Legal Guardian Upload Image of Driver's License or State issued photo ID *
  
Valid file types: JPG, GIF, PNG, and PDF
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.
Parent or Legal Guardian Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Legal Guardian Date of Birth*
Date of Birth
Parent or Legal Guardian 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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