BADLANDS OFF-ROAD PARK RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT ADULT ASSUMPTION OF RESPONSIBILITY FOR MINOR 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 AND AGREE that this off-road facility includes inherently dangerous features, including hazardous terrain, racing and other extremely dangerous activities including but not limited to the Use, which is inherently dangerous and risky with many hazards including but not limited to crashing and flipping over and vehicles colliding from going in different directions 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 and assume all risks and hazards inherentupon 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. I further acknowledge Participant may also face numerous inherent 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, ATTICA MOTORSPORTS, INC., STYLE K INC. D/B/A ADVENTURE RENTALS, TRAILSIDE PROPERTIES, INC. D/B/A OFF THE TRAIL VACATION RENTALS & CAMPGROUND, DRIVEN PROPERTIES, LLC, AND ANY OTHER RELATED OR SUCCESSOR ENTITY (hereinafter the “Releasees”), and their officers, directors, shareholders, managers, members, owners, insurers, agents, servants, employees, licensees, attorneys 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 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 others and Releasees and their officers, directors, agents, servants, employees, members, owners, attorneys and licensees. 3. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES personally and 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. I agree jurisdiction and venue of any lawsuit shall be solely in any Court in Fountain County, Indiana and shall be governed by the law of the State of 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, injury or death 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 (“Agreement”) ADULT ASSUMPTION OF RESPONSIBILITY FOR MINOR 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 Agreement is held invalid, all other terms shall continue in full legal force and effect. 6. I HEREBY AGREE AND ACKNOWLEDGE THAT THIS AGREEMENT 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 with the intent that Releasees have absolutely no liability for any claims or suits or damages. 7. I HEREBY GRANT THE RELEASEES THE IRREVOCABLE AND UNRESTRICTED RIGHT to use and publish photographs and/or video 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 employer, company, employees, legal representative and assigns and the Releasees from any and all claims and liability related to or arising out of said photographs or videos. 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 know how to safely drive any and all machines I use and agree to drive said machine in a safe manner. 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 and follow all applicable laws, safety rules, regulations, vehicle owner’s manuals and guidelines. I have read the owner’s manual for the vehicle I will be driving and/or riding in and understand the same and agree to strictly follow the owner’s manual. 9. THE UNDERSIGNED PARTICIPANT HAS READ, FULLY UNDERSTANDS AND VOLUNTARILY SIGNS THIS AGREEMENT. I understand that I have given up substantial legal 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 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 or considered and this Agreement is fully integrated. I have consulted with counsel before signing this Agreement and I and my counsel have participated in the drafting of the same and I agree that any ambiguity shall be resolved in favor of the Releasees and with the intent that this Agreement shall be a complete and full release of liability so that Releasees have no liability whatsoever. In Witness Hereof, each of the undersigned has set his/her hand and seal this date of July 31, 2026 and attest they have thoroughly read and understand all pages of this Minor Agreement and by their signature are bound by the terms of this Agreement.
Signature of Parent/Legal Custodian Sign Name July 31, 2026 BADLANDS OFF-ROAD PARK CONSENT, RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR MINOR *A Minor is any driver, rider, passenger, participant, or observer who is under the age of eighteen (18). **All terms used in this agreement have the same meaning as those defined in the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement for Adults. 1. IT IS HEREBY UNDERSTOOD, AGREED, AND ACKNOWLEDGED by the undersigned that my child and/or children and/or the Minors listed above (“Minors”) are participating AT HIS/HER/MY OWN RISK and that I, as the parent, or custodial parent if divorced, or legal guardian, have full legal authority to execute this CONSENT, RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR MINOR (“Minor Agreement”) required to be executed by the undersigned PRIOR to minors participating and in consideration for Terra Adventures, Inc. allowing minors to enter the Badlands. I have further read and agree to be bound by the Releasee, Waiver of Liability, Assumption of Risk and Indemnity Agreement for Adult and I agree the same is incorporated herein. 2. I AND THE MINORS HEREBY ACKNOWLEDGE AND AGREE that this off-road facility includes inherently dangerous features, including hazardous terrain, racing and other extremely dangerous activities including but not limited to the Use, which is inherently dangerous and risky with many hazards including but not limited to crashing and flipping over and vehicles colliding from going in different directions that can cause property loss or damage, personal and economic losses, personal and bodily injury, disease, partial or total paralysis and death. I and the Minors hereby acknowledge all 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 I and Minors are upon or near said Premises regardless of the capacity we may be acting in. The minors and I acknowledge that I and the Minors may also face numerous inherent dangers from other parties or participants using the Premises. 3. I AND THE MINORS HEREBY FOREVER RELEASE TERRA ADVENTURES, INC. D/B/A BADLANDS, SAIDAL LLC, ATTICA VACATION RENTALS, LLC, ATTICA MOTORSPORTS, INC., STYLE K INC. D/B/A ADVENTURE RENTALS, TRAILSIDE PROPERTIES, INC. D/B/A OFF THE TRAIL VACATION RENTALS & CAMPGROUND, DRIVEN PROPERTIES, LLC, AND ANY OTHER RELATED OR SUCCESSOR ENTITY (“Releasees”) and their officers, directors, shareholders, managers, members, owners, insurers, agents, servants, employees, attorneys and licensees, of and fromany and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage, diseases, or injury, including paralysis and death, in connection with I and/or the Minors Use of the Premises, whether due from or by the negligence of Releasees and/or negligence of any or each of the undersigned or others, which release includes the negligent acts or omissions or commissions of any or each of the Releasees and their officers, directors, agents, servants, employees, and licensees and any and all third parties. I further understand this Minor Agreement is valid and enforceable from the date the same is executed through and until such time as the same is revoked in writing. 4. IT IS HEREBY UNDERSTOOD, AGREED, AND ACKNOWLEDGED that I and the Minors agree to INDEMNIFY AND HOLD HARMLESS the Releasees and their officers, directors, shareholders, managers, members, owners, insurers, agents, servants, employees, attorneys and licensees from any and all liability of every nature and kind as a result of I or Minors incurring any personal injury, illness, disease and/or death, or any damage to my property or others’ property, and that I and Minors further agree to indemnify and hold harmless the Releasees and all persons from any damages, attorney fees, court costs, expert witness fees, and litigation expenses, and any other costs or expenses incurred by said entities or persons related to any and all claims or litigation. I and Minors agree to pay all attorney fees and costs incurred by the Releasees as a result of any litigation instituted by or on behalf of me or Minors. Jurisdiction and venue of any suit shall be solely in any Court in Fountain County, Indiana and shall be governed by the law of the State of Indiana. BY SIGNING THIS MINOR AGREEMENT, I and Minors agree and declare that we have read this two page Minor Agreement, fully understand its terms and conditions, understand that I and Minors have given up substantial rights for Minors by signing this Agreement in consideration for entering the Premises in order for Minor to visit, observe, or participate or Use the Premises, and have freely and voluntarily signed without any inducement, assurance, or guarantee being made to me or Minors, and intend my signature to be a complete, absolute, and unconditional release of all liability to the greatest extent allowed by law for me and Minors. I and Minors agree to be bound by all terms, conditions, and obligations herein. I and Minors have conferred with our attorney prior to signing this and I and Minors and our counsel have participated in the drafting of the same. I and Minors agree that any ambiguity be resolved in favor of the Releasees and with the intent that this Agreement shall be a complete and full release such that Releasees shall have no liability whatsoever. I and Minors further agree we 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 the undersigned has set his/her hand and seal this date of July 31, 2026 and attest they have thoroughly read and understand all pages of this Agreement and by their signature are bound by the terms of this Agreement. Signature of Parent/Legal Custodian Sign Name July 31, 2026
|
