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CHERRY BOUNCE ADVENTURE CO.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT 

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

1. Each person participating in the Activity (defined below) or purchasing a Season Pass is referred to as “Participant.” I, the undersigned, am a Participant and, if a Participant is under 18 years old, I am the minor/child/infant Participant’s parent or legal guardian. I understand that participating in off road sports, racing, competing, training, hiking, sightseeing, cycling, trail running, zip lining, using the ropes/challenge courses, camping, using freestyle or terrain park features, participating in other recreational activities, renting equipment and using parking lots, walkways, stairs, cabins, lodges, restaurants, and the premises in general, for any purpose (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.

2. I understand the dangers and risks of the Activity and that the Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity, including those of an OHV to include but not limited to ATV, UTV, Side x Side and/or, Dirt Bike driver and/or rider (as may be defined by statute or other applicable law) and/or other activities offered by Cherry Bounce Adventure Co. to a Participant.

3. When riding in the State of North Carolina, riders and passengers are governed by the State of North Carolina laws and regulations. Before utilizing your pass, your attention is directed to such laws. North Carolina law requires you to seek out, read, review and understand the laws, rules, and regulations governing the safe operation of any OHV before you decide to participate in the sport. We follow all North Carolina and Federal Laws and DO NOT ALLOW any Participant or other persons to have on Premises any type of illegal Narcotics substance or allow a person to become intoxicated on the Premises. Any violation of our drugs and alcohol policies will result in the immediate revocation of the Participant’s pass. Any Participant that is operating an OHV should follow these same standards and should not be under the influence of drugs or alcohol.

4. I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death, which may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: Tipping or loss of balance of the OHV; icy, slick or uneven surfaces; potential landslides, cornices and crevasses; collisions with natural or man-made objects, other people, other OHV’s and/or other motor or nonmotorized vehicles; bumps; ruts; bare spots; thin cover; tree wells, stumps, roots and branches; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged or mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence or failure of Participant, Participant must act safely and within their own ability. Participants shall be responsible for their own actions, including failure to stay within designated areas and to comply with signage; falling dirt, rocks, snow or ice from natural or man-made sources; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls from elevated areas; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; Participant’s health condition, physical exertion, exhaustion, dehydration, o=potential hypothermia, and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

5. Participant assumes responsibility for maintaining control at all possible times while engaging in the Activity and for reading, understanding and complying with all signage, including instructions on the use OHV’s or other off-road vehicles. Participant must have the physical dexterity and knowledge to safely drive or ride any off-road vehicle and must be of legal age to do so. I further understand that while operating OHV’s, earth moving equipment may be encountered at any time and that falls, collisions, and injuries are common.

6. In consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ON MY BEHALF AND/OR ON THE BEHALF OF ANY MINOR/CHILD/INFANT OR OTHER PARTICIPANT I AM SIGNING AS PARENT OR GUARDIAN OF, ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE AE Production Services, LLC dba Cherry Bounce Adventure Co, along with each of their affiliated companies and subsidiaries, owners/operators inclusive of any partners, managers, affiliates, land owners, activity operators, the equipment manufacturers, and each of their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. 

In consideration for allowing the Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

THE RELEASE AND WAIVER OF CLAIMS CONTAINED IN THIS SECTION ARE BINDING ON MY FAMILY, HEIRS, SUCCESSORS, PERSONAL REPRESENTATIVE, ASSIGNS, AND AGENTS.

7. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

8. I agree that any and all claims for loss, injury and/or death arising from the Participant’s participation in the Activity shall be governed by the law of the State of North Carolina and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the State of North Carolina,

9. If Participant rents equipment, I agree to accept for use the equipment rented “AS IS”, accept responsibility for the care of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition. I have not made any misrepresentations with regard to Participant’s height, weight, age and/or ability level and represent that Participant will be the only person using the equipment. I UNDERSTAND that it is not possible to predict every situation that may arise. I agree to assume and accept any and all known and unknown risks of injury to Participant while using this equipment.

10. I understand that this Agreement will apply for each and every day Participant engages in any Activity during the applicable operating season. If the holder of a season pass chooses to take part in any season pass renewal or auto-renewal program, this Agreement will remain in effect for so long as the season pass holder participates in such program. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on Participant and I as well as our assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.

11. BY SIGNING ON BEHALF OF A MINOR/CHILD/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR/CHILD/INFANT PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old. I agree that, as the person signing on behalf of a minor/child/infant or other participant, I agree that I will indemnify and hold the Released Party as defined above harmless from any liabilities whether to the participating minor or to others (including attorney fees and costs) resulting from or incident or the minor’s involvement or participation in activities on and /or presence at the Cherry Bounce Adventure Co. facility, to the fullest extent allowed by law.

12. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.

13. By participating in the Activity, I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.

14. I understand that if I am buying a Season Pass, it IS NOT TRANSFERABLE AND MAY NOT BE RESOLD. The Season Pass may be confiscated and not re-issued if, in the sole judgment of Cherry Bounce Adventure Co., any Participant: (1) acts in any manner that endangers or may endanger the safety of the Participant or any other person; (2) violates the law; (3) provides OHV lessons or related services for compensation; or (4) engages in fraud, misconduct or creates a nuisance. Re-issued passes may be subject to a replacement fee. I acknowledge the affirmative duty to immediately notify Cherry Bounce Adventure Co. or the appropriate authorities if the Season Pass is lost or stolen and failure to do so may result in loss of pass privileges. I also understand and acknowledge that the Season Pass is NON- REFUNDABLE.

May 22, 2026

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
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 Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's 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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