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RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

In consideration of receiving from TERRA ADVENTURES INC. permission to enter in or upon the Badlands Off Road Park ("Badlands") and any and all trails, tracks, housing, campgrounds, woods, property, off-road facilities, or related or adjacent areas (“Premises”), the receipt of such permission being hereby acknowledged as good and sufficient consideration, and in further consideration of receiving permission to participate and/or observe, including, without limitation, for use as a LESSEE OF MACHINERY AND/OR EQUIPMENT, DRIVER, PASSENGER, MECHANIC, OWNER, ATTENDANT, PARTICIPANT, SPECTATOR, BYSTANDER, CHILD, SPOUSE, RELATIVE, VISITOR, or in any other capacity or for any other purpose or involvement (“Use”), in any off-road driving, riding, or race, or any other Badlands event or activity, I, the undersigned (“Participant”), hereby understand and agree as follows:

1. I HEREBY ACKNOWLEDGE, AGREE, AND REPRESENT that this off-road facility offers racing and other inherently dangerous activities including but not limited to the Use, which is inherently dangerous and risky with many hazards that can cause property loss or damage, personal and economic losses, personal and bodily injury, disease, partial or total paralysis, and death. I 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 Participant is upon or near said Premises regardless of the capacity the Participant may be acting in. Participant may also face numerous dangers from other parties or participants using the Premises.

2. I HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE TERRA ADVENTURES, INC. D/B/A BADLANDS, SAIDAL LLC, ATTICA VACATION RENTALS, LLC, DRIVEN PROPERTIES LLC, ATTICA MOTORSPORTS, INC., STYLE K INC. D/B/A ADVENTURE RENTALS, OFF THE TRAIL CAMPGROUND INC., AND ANY OTHER RELATED OR SUCCESSOR ENTITY (hereinafter the “Releasees”), and their officers, directors, shareholders, managers, members, owners, insurers, agents, servants, employees, licensees, and any promotor, and their agents, officers, servants, employees, and/or affiliates of and from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any loss, property damage, disease, or personal injury, including but not limited to paralysis and death, in connection with any or each of the undersigned’s Use, whether due from or by the ordinary negligence of Releasees and/or negligence of any or each of the undersigned or third party, which release includes the negligent acts or omissions or commissions of any or each of the undersigned or other Participants and Releasees and their officers, directors, agents, servants, employees, members, owners, and licensees.

3. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and their insurance carriers and each of them, personally and/or professionally, from any loss, liability, damage, or cost they may incur including but not limited to all debts, obligations, contracts, expenses, legal fees, legal representation, expert witness fees, attorney fees, acts, damages, litigation costs, personal injury, wrongful death, medical bills, liens, lost wages, permanent injury, and causes of action of every nature, character, and description, whether known or unknown, asserted or unasserted, fixed or contingent, accrued or unaccrued arising out of or related to the event(s), participation, visitation, observation, or Use, whether caused by the negligence of the Releasees and/or negligence of any or each of the undersigned or any third party. I agree to pay all attorney fees and costs incurred by the Releasees as a result of any litigation instituted by me or on my behalf. Jurisdiction and Venue of any suit shall be solely in any Court in Fountain County, Indiana.

4. I HEREBY FREELY ACCEPT AND VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, DAMAGE, OR INJURY, INCLUDING DISEASES, PARALYSIS, OR DEATH, that may by sustained by any or each of the undersigned while in, on, upon or near the Premises, including but not limited to any loss, damage, or injury caused as result of or by the negligence of the Releasees and/or negligence of any or each of the undersigned or third party.

5. I HEREBY AGREE AND ACKNOWLEDGE THAT THIS FINAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT shall be binding upon me, my heirs, next of kin, administrators, executors, personal representatives, power of attorneys, health care representatives, guardians, and assigns or the like. If any portion of this FINAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT is held invalid, all other terms shall continue in full legal force and effect.

6. I HEREBY AGREE AND ACKNOWLEDGE THAT THIS FINAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEEMNT extends to all acts of negligence by the Releasees and/or acts of negligence of any or each of the undersigned and/or any third party and is intended to be as broad and inclusive as permitted by the law of Indiana where the visitation, participation, and/or observation of racing or events and/or Use is conducted.

7. I HEREBY GRANT THE RELEASEES THE IRREVOCABLE AND UNRESTRICTED RIGHT to use and publish photographs of me and my family and/or those under my care, including but not limited to minors under my care, or in which I may be included, for editorial trade, advertising, and any other purpose and in any manner and medium; and to alter the same without restriction. I HEREBY FOREVER RELEASE the Photographer(s) and his or her legal representative and assigns from any and all claims and liability related to or arising out of said photographs.

8. I HEREBY CERTIFY THAT THE VEHICLE/MACHINE/EQUIPMENT I BRING TO THIS FACILITY is/are lawfully registered, inspected, and insured and that I have no knowledge of any condition that might render the vehicle/machine unsafe in any way. I further certify that I have adequate insurance to cover any injury or damage I, my family, children, or those minors under my care and/or control may cause or suffer while participating and/or observing, or during Use, and I agree to bear the costs of such injury or damage to myself and others. I further certify that I assume the risk of any medical or physical condition that I, my family, children, or those minors under my care and/or control may have. Additionally, I certify that I, my family, children, or those minors under my care and/or control are physically and mentally healthy and have no condition that will put me/us or others at risk while participating and/or observing or during Use or any activities, scheduled or unscheduled. I, my family, children, or those minors under my care and/or control further certify that we will use the vehicle/machine/equipment in the manner that the same was intended for use and follow all applicable laws, safety rules, and guidelines.

9. THE UNDERSIGNED PARTICIPANT HAS READ, FULLY UNDERSTANDS, AND VOLUNTARILY SIGNS THIS FINAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I understand that I have given up substantial rights by signing this Agreement 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 as consideration for my Use of the Premises. I understand and agree that this FINAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT is valid and enforceable from the date the same is executed through and until such time as the same is revoked, in writing. I certify that no oral representation statements or inducements apart from the foregoing written agreement have been made and this Agreement is fully integrated. I have consulted with counsel before signing this FINAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT and I and my counsel have participated in the drafting of the same and I agree that any ambiguity be resolved in favor of the Releasees.  I further agree that I 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.  

In Witness Hereof, each of trhe undersigned has set his/her hand and seal this date of May 18, 2024



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