Ray Rocks Offroad Resort Waiver of Claims, Release of Liability, Assumption of Risks and Indemnity Agreement THIS IS A LEGALLY BINDING DOCUMENT – READ CAREFULLY BEFORE SIGNING
- This Waiver of Claims, Release of Liability, Assumption of Risks and Indemnity Agreement (hereinafter the “Agreement”) is between Ray Rocks, LLC d/b/a Ray Rocks Offroad Resort (hereinafter “Ray Rocks”) and Participant (defined below).
- Each and every person that enters Ray Rocks is a “Participant” and entry into Ray Rocks is strictly predicated upon the execution of this Agreement by each Participant. Any person that is found on Ray Rocks premises who has not executed this Agreement will be prosecuted for trespassing.
- I, the undersigned, am a Participant and, if Participant is under 18 years old, I am the minor/child/infant Participants parent or legal guardian. I understand that participating in off road activities, operating off road vehicles, operating ATVs, riding horses, operating dirt bikes, competing, officiating, observing, volunteering, driving and riding, traveling on trails, traveling in the gravel pit, utilizing the campgrounds, utilizing the bodies of water and participating in other recreational activities at Ray Rocks or the use of Ray Rocks facilities and premises in general, for any purpose (the “Activity”) is INHERENTLY DANGEROUS and can be HAZARDOUS AND INVOLVE THE RISK OF SERIOUS PHYSICAL INJURY AND/OR DEATH.
- I understand the dangers and risks of the Activity and that the Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity.
- 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: Falling or loss of balance; roll-over of vehicles; collisions with the vehicles of other guests; being struck by a vehicle as a pedestrian; icy, slick, unstable or uneven surfaces; rockfalls; tree wells, stumps, roots and branches; downed timber and other forest growth; rocks; drainage channels, streams, creeks, holes, debris and other rugged terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence or failure of Participant, Ray Rocks employees, or other guests to act safely or within their own ability including failure to stay within designated areas and comply with signage; equipment malfunction, failure or damage; improper use or maintenance of equipment; varying visibility, storms, lightning, hail, rain, snow and other adverse weather conditions; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; poisonous snakes, insects and spiders; blinds and tree stands; erosion, and general conditions of the land both on and off roadways which may create hazardous driving and walking conditions; animals both wild and domestic, which may be diseased and/or potentially dangerous; deep water; unsound terrain; Participant’s health condition, physical exertion, exhaustion, dehydration, 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 PARTICIPANT VOLUNTARILY CHOOSES TO PARTICIPATE IN ACTIVITY AND EXPRESSLY ASSUMES 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.
- In consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE TO NOT SUE Ray Rocks, each of their affiliated companies and subsidiaries, Ray Rocks owner/operator inclusive of any partner, land owner, Activity operator, the equipment manufacturer, and all of their respective insurance companies, successors in interest, commercial and 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 PARTICIPANT 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 HAPPENED UP TO NOW.
- 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.
- I agree that any and all claims for loss, injury and/or death arising from Participant’s participation in the Activity shall be governed by the law of the State of Missouri.
- WAIVER OF JURY TRIAL. RAY ROCKS AND PARTICIPANT HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING, COUNTERCLAIM OR DEFENSE BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR THE RAY ROCKS PROPERTY, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO RELATING TO THIS AGREEMENT OR THE RAY ROCKS PROPERTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR RAY ROCKS AND PARTICIPANT ENTERING INTO THIS AGREEMENT. THIS PROVISION DOES NOT WAIVE THE RIGHT TO A TRIAL TO A JUDGE.
- I understand that this Agreement shall apply for each and every day Participant engages in any Activity during the applicable operating season at Ray Rocks. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on Participant and/or Participant’s parent or legal guardian as well as Participant’s 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.
- 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 of the terms of this Agreement. I understand that the minor Participant would not be permitted to take party 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 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 medial 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.
- I CERTIFY that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage caused to a third party, or myself, as a result of my participation in the aforementioned activities. If I have no insurance I am certifying that I am capable of personally paying any and all such expenses or liability.
- I RECEIVED and agree to the Rules and Regulations and will abide by any and all instructions or demands by any RAY ROCKS representative.
- THE PARTICIPANT HAS READ AND VOLUNTARILY SIGNS THE WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT, and agrees that no oral representations, statements, or inducements apart from the foregoing written Agreement have been made.
Today's Date: May 8, 2026 |