May 1, 2025 BMB OFF-ROAD PARK RELEASE OF LIABILITY - Waiver MUST be signed by everyone entering the facility.
- Minors 17 years of age or younger must be accompanied by a parent or legal guardian.
- Damage, Loss, Theft, Injury – Backyard Mud Boggers, LLC, their Insurers, Promoters, Race Directors, Sponsors, Advertisers, Law Enforcement Agencies and other Public Entities not liable nor responsible for damage, loss, or theft of personal property or for injury to guests.
IN ADDITION, the undersigned AGREES TO INDEMNIFY, AND HOLD HARMLESS the Releasees from any loss, liability damage, or cost they incur due to such participation by the undersigned, whether caused by Releasees negligence or otherwise and AGREES TO ASSUME FULL RESPONSIBILITY AND RISK for any bodily injury, death, or property damage from the Releasees negligence, or otherwise while the undersigned is participating in this event. The waiver must be signed before any person is allowed to enter the park. By signing this agreement you agree to allow BACKYARD MUD BOGGERS, LLC, BMB Off-Road Park, their Insurers, Promoters, Race Directors, Sponsors, Advertisers, Law Enforcement Agencies and other Public Entities providing support for the activities to use your name and photos of you and/or your vehicle for promotional purposes on social media but not limited to Facebook, Instagram, TikTok, Snapchat or any other social media platforms that BMB Off-Road Park may choose to use. IN SIGNING THIS RELEASE, the undersigned hereby acknowledges and represents the following: - That he/she has read the foregoing Release and Waiver of Liability and Indemnity Agreement, and has been afforded the opportunity to confer or speak with an attorney.
- That he/she has at all times, while riding in a vehicle participating in this event, wear his/her respective seat and shoulder belts, and while riding on a four-wheeler participating in this event, wear his/her helmets.
- That the owner/driver certifies that he/she has inspected their vehicle and that same is in good mechanical condition.
- That the owner/driver has informed himself/herself about the event and trail involved in the event, either by prior participation or investigation into the event and trail.
- The owner/driver certifies that he/she will not allow anyone other than himself/herself to drive the entered vehicle unless said person has signed Liability Release Waiver form. Violators will be prosecuted.
- ABSOLUTELY NO ALCOHOL OR DRUGS! NO EXCEPTIONS! You will be asked to leave the premises without refund if you are suspected of using alcohol or drugs during trail ride events. Also, if you are behaving in any manner that might be putting others in danger, you will be asked to leave the premises...NO questions asked!
IN CONSIDERATION of BACKYARD MUD BOGGERS, LLC, who owns and operates BMB Off-Road Park, hereinafter referred to as “Park”, allowing me to participate in any activity which includes without limitation, riding all-terrain vehicles, motorcycles or other forms of motorized and non-motorized equipment, camping, hiking, fishing, picnicking, nature study, sightseeing, equine, or spectator activity, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representative, executors, administrators, successors, and assigns, do hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, hereinafter referred to as “Agreement”; - I hereby represent that (i) I am in good health and in proper physical condition to participate in the activities in which the Park provides; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in activities; (iii) I have not been advised against activities by a health professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in activities.
- I understand and acknowledge the physical and mental rigors associated with the activities in which the Park provides and realize that such activities are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect ground conditions; water, road and surface hazards; equipment failure, inadequate safety measures; participants of varying skill levels; situation beyond the immediate control of the Park; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of other participating in activities, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damage, liabilities, losses or expenses which I incur as a result of my participation in activities.
- I agree to be familiar with and to abide by the Rules, Regulations, and laws established for the activities, which include without limitation the rules of operation and warning guidelines of equipment used in said activities, park rules and warnings, and local, state, and federal laws. I also accept sole responsibility for my own conduct and actions while participating in the activities, and the condition and adequacy of my equipment.
- I hereby grant full permission to the Park and/or any and all agents authorized by them to use any photographs, videotapes, motion pictures, recording and any other record of activity or events for any legitimate purpose.
- I hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: BARNYARD MUDBOGGERS, LLC, The 715, LLC, BACKYARD MUD BOGGERS, LLC, BMB Offroad, LLC, their Insurers, Promoters, Race Directors, Sponsors, Advertisers, Law Enforcement Agencies and other Public Entities providing support for the activities, and each of their respective parent, subsidiary and affiliated BMB Off-Road Park who owns BACKYARD MUD BOGGERS, LLC & their companies, officers, directors, partners, shareholders, members, agents, employees, representatives, and volunteers (Individually and Collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys fees) of any kind or nature (“Liability”) which may rise out of, or relate to my participation in the activities, including claims for Liability caused in whole or in part by the negligence of the Release Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such claim.
- I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. My signature is relied on by the Released Parties for the engagement in activities at the Park. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is intended to be as broad as Mississippi laws allow.
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