ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THE USE OF THE LOOP OFFROAD PARK(S), including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, me, or any other person, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: (THE LOOP OR LOOP 2) LAKE OZARK OFFROAD PARK(S) LLC, a Missouri limited liability company, BIG COUNTRY LAND LLC, a Missouri limited liability company and/or their affiliates, successors, or assigns, and their respective directors, officers, managers, members, employees, volunteers, representatives, and agents, and any activity holders, sponsors, and volunteers (the "Indemnified Parties"); (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise. I acknowledge that the Indemnified Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of any activity. These risks are not only inherent to participants but are also present for volunteers. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. I hereby release and indemnify Releasees from any and all liabiliby or claims arising out of such treatment. Furthermore , i understand that Releasees may provide me and/or spouse with certain medical advisory and/or transport services of an injury or illness during any event that may require hospitalization, The Releasees shall have no further liability in connection with such services. I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, film and/or record by any method of recording including video and/or audio likeness to be used for any legitimate purpose by (THE LOOP OR LOOP 2) LAKE OZARK OFFROAD PARK(S) LLC, or any activity holders, producers, sponsors, organizers, and assigns. :In Consideration of my (I, MY or Myself) and/or on behalf of my Spouse, minor, child(ren)/Ward being allowed to Participate as a participant, competitor, volunteer in a LAKE OZARK OFFROAD PARK(S) operated, licensed, sponsored or recreational event(s) including but not limit to filming, photoshoot, walking/running, sightseeing,ATV/UTV 4 wheels drive vehicle or other forms of motorized equipment, camping, fishing,cave exploring,may include without limtation the following. (i)dangerous driving, walking running conditions including variations in terraion including creeks, traveled roads, water, bridges, animals, insects, stumps, forest, growth, limbs. moss, debris, rocks, cliffs, caves, holes, and other obstacles whether they are obvious or not obvious man-made, natural, mud, hills, jumps, lose ground, or any type of driving, walking, running, conditions(ii)sprains, strains, fractures,head, neck or back injuries:fishing cave exploring, jeep riding, rock climbing, crossing roads, picnicking, and other event activities. location, camp ground, parking area, trails, roads, paths, creeks, streams, water holes.Accidents involving but not limited to collisions, jumping, climbing, hiking, by truck, car, ATV or other convenience, falling from heights": heart attacks; diseases from exposure to fecal contaminated water or slurry; permanent paralysis and/or death.While particular rules, equipment or personal discipline may reduce the risk of serious injury, paralysis, and/or death, I agree that i do not have to participate or perform anything i do not voluntarily do not want to do. I Acknowledge, accept and agree to the following: The risk of serious injury and/or Death from the activities involved in head, neck, and back injuries,(iii)drowning or paralysis die to swimming and water related activities(iv)accidents involving builldings or man-made structures(v)heat and cold injuries, including exposure to fire, burns, freezing or heat related illness and hypothermia injuries, diseases, bites, stings and/or sicknesses related to any and all insects or animals on property including but not limited to snakes, ticks, mosquitos, bats, deer, birds, rodents,etc. contact with poisonous plants or pesticides! I agree that i do not have to participate or perform anything i do not Voluntarily wish to partici[pate or perform and that any Dangerous activities, driving, maneuvers i wish to perform will be attempted at my own risk and only performed if i have sufficient skills to avoid injury. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, ON MY BEHALF OF MYSELF, AND/OR MY SPOUSE, AND/OR MY WARD, I (UNDERSIGNED) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN EVEN ARISING FROM THE NEGLIGENCE OR ACT OR OMMISIONS OF THE RELEASEE! The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law and shall be governed by the laws of the State of Missouri. Any action, claim or proceeding under this Accident Waiver and Release of Liability Form shall be commenced exclusively in the courts of Morgan County, Missouri or the United States District Court for the Western District of Missouri. This Accident Waiver and Release of Liability Form may not be revoked, terminated or amended verbally, but only by a written instrument signed by me and an authorized representative of LAKE OZARK OFFROAD PARK(S) LLC. All covenants contained herein are severable, and in the event of any being held invalid by any competent court, this Agreement shall remain intact except for the omission of the invalid covenant. I, on behalf of myself, and/or spouse, and /or Wards, Agree that the agreement extends frrom the day of signing to the end of the year(December 31)in which this agreement was signed and will have full force and legal effect each and every time I or spouse and or ward visit any event facility, property, or location during the year which it was signed, If any of the provisions of this LAKE OZARK OFFROAD PARK(S) LLC PARTICIPATION AGREEMENT, WAIVER, ARBITRATION AGREEMENT, RELEASE OF LIABILITY, COVENANT NOT TO THE EQUIPMENT SUPPLIERS and or participants incident that occurs while participating in event activities, on the premises any single incident and if the dispute cannot be settled through direct negotations, and unkless the parties agree on different mediation or non-binding arbitraion process, the parties agree first binding arbitraion the issues of substantive an d procedural arbitrability, inculding defenses to arbitration and all disputes regarding the enforceability. interpretation, scope and meaning of this Waiver, The parties reserve the right to resolve disputes involving less than $10,000 in an applicable small claims or district court in the county/parish and state which the event is located. Any lawsuit filed against the Releasee shall be in the county and state event is located. I further agreed that the substantive law of the state in which the event is located shall apply without regard to any conflict of law rules. LAKE OZARK OFFROAD PARK(S) reserves the right protect the business and the property by enforcing anyone who is not conducting themselves, their spouses, their partners, or their wards in way that abides by THE LOOP AND THE LOOP 2 (LAKE OZARK OFFROAD PARK(S)LLC'S RULES TO EXIT THE PREMISES. THIS INCLUDES BUT NOT LIMITED TO HELMET, SEAT BELT, HARRNESS REQUIREDMENTS FOR SPECIFIED MACHINES. If releasee is forced ro leave the park due toi these reasons the releasee is not entitled to a refund of any kind. I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND ITS CONTENT .I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND MY SPOUSE AND MY WARD SUBSTANTIAL RIGHTS BY SIGNING. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL AND VOLUNTARILY. Today's date: December 29, 2024 |