RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY

AGREEMENT

The undersigned, their heirs, assigns, transferees, agent and representatives, (each) hereinafter referred to as Releaser, hereby acknowledge that he and/or she has voluntarily requested to participate as either a driver, mechanic, owner, attendant, participate, spectator, bystander, child, spouse, relative or in any other capacity, or in any off road driving, as either a driver, passenger, or spectator, within the boundaries of premises owned, leased to or under the control or supervision of Mountain Side Off road Park. Releaser understands, recognizes, and assume all risk (whether know or unknown) that there are above normal and inherent hazards associated with off road driving. Despite careful and proper preparation and vehicle inspections, instructions and medical advice and mental and physical conditioning; whenever off road driving occurs there is still a substantial risk of property damage and the possibility of serious injury including death, head/brain injury, cervical spine injury (including quadriplegia), paralysis, and mental trauma. Releasor further acknowledges that not all hazards and dangers can be foreseen, which by example include but are limited to such things as unfamiliarity with the land, adverse terrain, and weather conditions, surface hazards, brush, thorns, trees, manmade and non manmade objects, rock slides, submersion in water, hitting visible or hidden objects, excessive speed, vehicle collision, vehicle rollover, open mine shafts and air shafts, the experience level of Releasor, the activities of other drivers or spectators, and other hazards.

NOW THEREFORE, in consideration of the permissions granted to the Releasor to drive off road, dirt rides, trail rides, or other wise come on the property, Releasor herby waives any and all claims against and releases Mountain Side Off Road Park, their officers, directors, members, shareholders, agents, savants, employees, successors,, assign, transferees, and licensees, and Releasor further releases and waive and all claims against the owner and leasors of the land used for the Releasors activities including, transferees, successors, and assigns, hereinafter individually and collectively referred to as “Releases”, of and form any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, personal injury or death that may be sustained by Releasor while en route to or from these premises, while within the boundaries of these premises or ant other premises owned, leased to or under the control or supervision of Releasee, which includes any and all negligent acts by Releasee by acts of omission, including but limited to any loss, damage, injury or death caused as a result of or by negligence of Releasee. Releasor acknowledges and agrees that all of the terms, conditions and provisions therein are contractually binding and not mere recitals and should Releasor, or representative of Releasor’s estate or heirs assert any claim contrary to the provisions hereof, the asserting party will pay all expenses and costs including all legal fees cost, and expenses incurred by Releasee in defending against the claim. Releaser further agrees that Releasor shall indemnify Releasee for any claims brought against Releasee related in any manner whatsoever to releasor’s actives. The release shall be binding upon the successors, heirs, next of kin, executors, administrator, personal representative, powers of attorney, health care representative, and guardians, of each of the undersigned and in addition, if Releasor is a minor, this release shall be binding upon the minor’s parents, guardian, or next of kin. Releasor specifically waives the right to a trail by jury and agrees that any disputes between releaser and Releasee shall be adjudicated in Etowah County, Alabama by arbitration using the rules of Etowah County, Alabama (Gadsden Division). All disputes that occur related in any manner to this release shall be governed by the State of Alabama.

I have read this release, waiver of liability, assumption of risk and indemnity agreement, fully understand its terms and conditions, understand that I have given up substantial legal rights by signing it, and have sign it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete, absolute, and unconditional release of all liability to the greatest extent allowed by law. In Witness wherefore, each of the undersigned has hereunto set his/her hand and seal.

Activities and vehicle modifications appearing at this off-road park may be potentially dangerous. We do not endorse any such activity for others or recommend it to any particular person. If you chose to engage in these activities it is by your own free will and at your own volition. Any and all modifications will likely cause a vehicle to behave differently than stock-some modifications may significantly increase your risk when driving the vehicle or be dangerous in some driving situations. Use your brain and common sense when engaging in any activity or making any modifications. Do not take unwise risk, consult a certified professional if you are not sure of something. Mountain Side Off Road Park and the Relaseses assume no liability for how any particular individuals chooses to use the information presented here. We do enforce the official rules of the Mountain Side Off Road Park.

SIGN___________________________________ Date____________

ATV RIDING LIABILITY RELEASE

NAME OF PARTICIPANT_______________________________DATE OF BIRTH______________

IN CONSIDERATION of being permitted to participate in any way with the sport of ATV riding while on the Mountainside Off Road Park, the City of Gadsden, I acknowledge, appreciate, and agree that:

1. The risk of injury from the activity involved in ATV riding is significant, including the potential for permanent disability and death, and while particular protective equipment and personal discipline will minimize this risk, the risk of serious injury does exist. Helmets, gloves, boots, long pants, and goggles must be worn at all times, no exceptions.

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of the persons released from liability below, and assume full responsibility for my participation; and

3. I understand that the activities of ATV riding are physically and mentally intense. I understand the rules and will comply with all rules and regulations. If I observe any unusual or unnecessary hazard during my participation, I will bring such to the attention of the nearest official; and

4. I, myself and on the behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS MOUNTAIN SIDE OFF ROAD PARK, CITY OF GADSDEN, the owners and lessors of the premises used to conduct the ATV riding activities, their officers, agents, and/or employees (releasees), WITH RESPECT TO ANY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY,WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. I understand and agree that this Liability Agreement covers each and every ATV RIDING activity and event in which I participate at the premises of Mountain Side Off Road Park, City of Gadsden from this date forward.

6. I release all photos taken of me while on the premises of Mountain Side Off Road Park, City of Gadsden. I understand that they may be used in official marketing and/or park illustrations.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.

X___________________________________________DATE____________________________________

PARTICIPANT’S SIGNATURE

FOR PARTICIPANTS UNDER AGE 18, PARENT OR GUARDIAN MUST APPEAR IN PERSON, READ THIS FORM, AND SIGN BELOW.

This is to certify, that I, as parent/guardian with legal responsibility, do consent and agree not only to his/her release of Mountain Side Off Road Park, City of Gadsden, and all other releasees, but also release and indemnify the releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.

X___________________________________________DATE____________________________________

PARENT/GUARDIAN SIGNATURE

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EMERGENCY PHONE NUMBER ________________________________