IN CONSIDERATION of my minor child ("the Minor") being permitted to access M&M and Municipalities’ streets and/or real estate, I agree as follows: I know the nature of the activities taking place at M&M and understand the Minor's experience and capabilities and believe the Minor to be qualified to participate in said activities. I will inspect the premises, facilities, and equipment to be used, or with which the minor may come in contact. If I or the minor believe anything is unsafe, I will instruct the minor to immediately leave M&M property or Municipality streets and/or real property and refuse to participate further in the event(s). It is illegal to operate ATV’s and dirt bikes on roadways in the Commonwealth of Pennsylvania, however M&M is striving to change local ordinances that may in the future allow for some roadways to be used. M&M strives to provide economic benefits for the surrounding communities, including the Borough of New Beaver, the Borough of Big Beaver, the Borough of Wampum, and Wayne Township (hereinafter, “Municipalities”). Some or all of the Municipalities, at varying times, at varying locations, and via varying streets, may permit patrons of M&M to access certain Municipality streets and real property, including by operation of off-road vehicles on Municipality streets and real property. Finally, certain real properties are leased to M&M for use as the Mines and Meadows ATV/RV Resort by M&M permit patrons. Collectively, the parties who permit M&M permit patrons access to their lands or streets are hereinafter referred to herein as “Indemnitees”. In consideration for granting access to M&M, as well as, on occasion, certain municipal streets and lands to access the same: I fully understand and will instruct the minor that: (a) the activities occurring at M&M or Municipalities’ streets and real property can be very dangerous and accessing M&M and Municipalities streets or real property involves risks and dangers of property damage, serious bodily injury, including permanent disability, paralysis and death (“risks"); (b) these risks and dangers may be caused by the minor's own actions or inactions, the actions or inactions of others, accessing M&M or municipalities’ streets and/or real property, the condition and layout of the premises, and the condition of equipment of myself, the minor, or others; (c) there may be other risks not known to me or that are not readily foreseeable at this time; (d) the social and economic losses and/or damages that could result from those risk(s) could be severe and could permanently change the minor's future. I HEREBY WARRANT THAT I AM THE PARENT(S) OR LEGAL GUARDIAN(S) OF THE MINOR OR I HAVE BEEN GIVEN AUTHORITY BY THE PARENT(S) OR LEGAL GUARDIAN(S) TO GRANT CONSENT AS SET FORTH HEREIN. I CONSENT TO THE MINOR'S PARTICIPATION IN THE EVENT(S) AND/OR ACCESS OF M&M OR STREETS AND REAL PROPERTY OF MUNICIPALITIES AND HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING SUCH PROPERTY DAMAGES, INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS. I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS, FROM ALL LIABILITY TO ME, THE MINOR, MY AND THE MINOR'S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME OR THE MINOR, INCLUDING, BUT NOT LIMITED TO, DEATH, INJURY, ILLNESS OR DAMAGE TO PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS OR OTHERWISE. IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF, MAKES A CLAIM AGAINST ANY OF THE INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS, I AGREE TO DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS THE INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS AND EACH OF THEM FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS, WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF INDEMNITEES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, OWNERS, MEMBERS, AFFILIATES, SUCCESSORS AND ASSIGNS OR OTHERWISE. I SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF THE MINOR. I HAVE READ THIS PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND UNDERSTAND THAT BY SIGNING IT GIVE UP SUBSTANTIAL RIGHTS I AND/OR THE MINOR WOULD OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASIONED BY THE RELEASEES' FAULT, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT. IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin: Acknowledges, agrees, and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S). HEREBY RELEASES,WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns all for the purposes herein referred to as "Releasees." FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED'S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise... HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, 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 AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IN CONSIDERATION of my minor child ("the Minor") being permitted to participate in any way in the EVENT(S) and/or being permitted to enter for any purpose any RESTRICTED AREA(S) (defined to be any area which requires special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited), I agree: I know the nature of the EVENT(S) and the Minor's experience and capabilities, and believe the Minor to be qualified to participate in the Event(s). I will inspect the premises, facilities, and equipment to be used, or with which the Minor may come in contact. IF I OR THE MINOR BELIEVE ANYTHING IS UNSAFE, I WILL INSTRUCT THE MINOR TO IMMEDIATELY LEAVE THE RESTRICTED AREA AND REFUSE TO PARTICIPATE FURTHER IN THE EVENT(S). I FULLY UNDERSTAND and will instruct the Minor that: (a) THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and participation in the Event(s) and/or entry into Restricted Areas involves RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS"); (b) these Risks and dangers may be caused by the Minor's own actions, or inactions, the actions or inactions of others participating in the Event(s), the rules of the Event(s), the condition and layout of the premises and equipment, and/or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS NOT KNOWN TO ME or that are not readily foreseeable at this time; (d) THE SOCIAL AND ECONOMIC LOSSES and/or damages that could result from those Risk(s) COULD BE SEVERE AND COULD PERMANENTLY CHANGE THE MINOR'S FUTURE. I consent to the Minor's participation in the Event(s) and/or entry into restricted areas and HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/ OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW.
I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any Restricted Area, sponsors, advertisers, owners and lessees of premises used to conduct the Event(s), premises or event inspectors, surveyors, underwriters, consultants and other persons or entities who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event(s) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as "Releasees," FROM ALL LIABILITY TO ME, THE MINOR, my and the minor's personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME OR THE MINOR, including, but not limited to, death or damage to property, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE. If, despite this release, I, the Minor, or anyone on the Minor's behalf, makes a claim against any of the "Releasees" named above, I AGREE TO DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE "RELEASEES" NAMED ABOVE, WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I sign this agreement on my own behalf and on behalf of the Minor. I HAVE READ THIS PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, UNDERSTAND THAT BY SIGNING IT GIVE UP SUBSTANTIAL RIGHTS I AND/OR THE MINOR WOULD OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASIONED BY THE RELEASEES' FAULT, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT. Today's date: November 21, 2024
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