WAIVER AND-RELEASE OF LIABILITY, ASSUMPTION OFRISK AND INDEMNITY AGREEMENT
Iron Mountain Park, LLC, Iron Mountain Resort, LLC, Iron Mountain Management, LLC and each of its related, constituent, or affiliated entities
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND DEPRIVES YOUOF THE RIGHT TO SUE IRON MOUNTAIN PARK, LLC, IRON MOUNTAIN RESORT, LLC, IRON MOUNTAIN MANAGEMENT, LLC AND EACH OF ITS RELATED, CONSTITUENT, OR AFFILIATED ENTITIES AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS CONSEQUENCE.
IN CONSIDERATION of Iron Mountain Park, LLC, Iron Mountain Resort, LLC, Iron MountainManagement, LLC and each of its related, constituent, or affiliated entities 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 thisWaiver and Release of Liability, Assumption of Risk and Indemnity Agreement, hereinafter referred to as ”Agreement“;
1. 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.
2. 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 . 1understand 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 ReleasedParties 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 inactivities.
3. 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.
4. 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.
5. I hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify, Defend andHold Harmless the following parties: Iron Mountain Park, LLC, Iron Mountain Resort, LLC, IronMountain Management, LLC and each of its related, constituent, or affiliated entities, including theirInsurers, Promoters, Race Directors, Sponsors, Advertisers, Law Enforcement Agencies and other PublicEntities providing support for the activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, representatives, and volunteer s (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 forLiability caused in whole or in part by the negligence of the Release Parties. I further agree that if, despite thisAgreement, 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.
6. 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 thisAgreement 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 inactivities 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 Georgia laws allow.
7. Helmets. Participant, by participant’s execution of this agreement, acknowledges and agrees that participant shall at all times wear a United States Department of Transportation (DOT) approved and compliant (Federal Vehicle Safety Standard 218 (FMVSS2018), and any successor or replacement standard) all-terrain vehicle or motorcycle helmet (as applicable to the specific activity participant is engaged in) during any use, riding, or operation of any equipment, and if participant is the operator of any equipment, participant shall require, cause, and ensure that all riders or other passengers of such equipment operated by participant shall at all times wear a DOT approved all-terrain vehicle or motorcycle helmet (as applicable to the activity of such rider or other passengers). Participant acknowledges and agrees that bicycle helmets and other non-DOT approved all-terrain vehicle or motorcycle helmets are not authorized to be used in connection with any use, riding or operation of any equipment on, in, or about the park, and participant shall not under any circumstances use any non-DOT approved helmet during any use, riding, or operation of any equipment, and if participant is the operator of any equipment, participant shall not allow, authorize, or otherwise acquiesce in the use of any nonDOT approved helmet by any riders or other passengers of any such equipment operated by participant.Participant acknowledges, represents, warrants, and states that participant has reviewed all on-product warnings, labels, and instructional material concerning all helmets worn or otherwise used by the participant. Participant further acknowledges and agrees that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer of all foreseeable impacts to the head, and that any use, riding, or operation of any equipment and other related activities can expose participant to forces that exceed the limits of protection provided by a helmet.
This Waiver of Legal Rights and Release of Liability, Assumption of Risk, and Indemnity Agreement is in effect from the date of signing and is continuing in nature.
I agree to the above.
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