Please read and agree to the following in its entirety before participation

Thank you for choosing MPK Katimahar Agri Park ATV Adventure. This participation agreement is a legal document which may waive rights you have under the law. It contains the entire agreement between the parties hereto, shall not be altered except in writing signed by both parties, and shall be considered a contractual agreement and not a mere recital. Customer further states that they HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, AGREED OF HIS OR HER OWN FREE WILL, and on behalf of any minor child or children within customer's charge, and, in so doing, acknowledges and agrees to abide by the following express terms and conditions.

ATV operation agreement;

I understand that riding a 4-wheeler or other All-Terrain Vehicle ("ATV") including Side by Side ATV, is an activity carrying risks of serious personal injury, death or property damage. I also know that there are natural, mechanical and environmental conditions and risks which independently or in combination with my activities, may cause injury or even death to me or others, as well as property damage. I know that operating ATVs has been the cause of serious injury and death in the past because of the risks inherent in operation of the vehicle itself as well as where and how they are operated.

Being fully aware of the risks, conditions and hazards of the proposed activity as a participant, and in consideration for the enjoyment and experience of being able to rent and operate an ALL TERRAIN VEHICLE ("ATV") in the MPK Katimahar Agri Park, I HEREBY AGREE TO WAIVE, RELEASE AND DISCHARGE MPK Katimahar Agri Park ATV Adventure., its owners, members, directors, managers, officers, agents, employees and volunteers, MPK Katimahar, employees or agents of said companies, and any agent and/or ticket seller (hereinafter all collectively referred to as "RELEASEES") from any and all liability, claims for damages for death, personal injury or property damage which I may have or which may hereafter accrue to me as a result of my participation in the ATV riding activity arising out of this rental agreement, whether known or unknown at this time, even if that liability arises out of negligence or carelessness on the part of persons or entities mentioned above. I agree to accept all responsibility for the risks, conditions and hazards which may occur, whether they be known or unknown, arising from any accident, injury or property damage whatsoever, related to, resulting from, or in any way connected with, customer's rental, participation or operation of said ATV.

I understand that ATVs are 4 wheeled gasoline powered vehicles which can achieve speeds of over 30 miles per hour, and can suddenly and violently accelerate, turn, overturn (especially on inclined surfaces), and/or lose control, depending upon my operation, terrain, and/or weather conditions. I AM AWARE THAT USE OF ATVs MAY BE HAZARDOUS, AND I HAVE ELECTED TO VOLUNTARILY PARTICIPATE IN THIS ACTIVITY WITH FULL KNOWLEDGE, ACCEPTANCE AND ASSUMPTION OF ANY AND ALL RISKS OF PERSONAL INJURY OR DEATH. I acknowledge that the ATV must at all times be operated in a reasonable, safe and prudent manner. I acknowledge that failure to observe and abide by the following may unreasonably or unnecessarily endanger life, limb or property, including, but not limited to, the following:

• Only 1 person per Single Rider ATV and 1 person per seat on Side by Side ATV. Child should be accompanied by their parent or guardian.
• NO one under the age 13 or a child that is under 4 feet tall may drive a Single Rider ATV or Side by Side ATV without any consents from their parents or guardians. Anyone under the age of 18 may require supervision by the MPK Katimahar Agri Park ATV Adventure crew. 
• NO fiddling any parts of the ATV that have been preset by the operator without any permissions from the guide/operators.  Such parts are throttle control, carburettor fuel control, fuel needle control, oil and fuel caps and choke control.
• NO riding without proper gear, including helmet, goggles (if available) and sturdy boots or shoes at all times.
• Strictly prohibited passing over or riding side by side with the Guide Lead/Marshall/Captain who is leading the activity.
• NO racing, wheelies, jumps, stunts, bumping, cutting in front of other vehicles or ATVs, stop and gunning the ATV or other reckless driving or operation at any time.
• NO driving too fast for the conditions, visibility or experience. Drivers are aware of and must be alert for the possibility of hidden dangers when riding over unfamiliar terrain.
• NO "side-hilling" - to keep from turning over, you must go directly up and down all hills and embankments. Stay away from, or use extreme caution on or near, all public roads and vehicular traffic.
• NO operation of the ATV outside designated areas and trails ¬ stay on the established trail.
• NO operation of the ATV close to any other vehicle or other ATVs except when directed to do so by the guide.
• NO riding too closely behind other all-terrain vehicles ¬ keep at least 2 ATV lengths behind another ATV.
• NO overcrowding the width of the trail. In other words, riding side by side which cause little space to no space between the vehicles and the side of the trail is HIGHLY prohibited.

NOTE: Violation of any of the above may result in immediate termination of ATV rental without ANY refund and full payment of the rental price and/or damage that have been discovered should be made by the participant.

I acknowledge that both myself and my minor children (where applicable) must act responsibly and in a careful manner as mature adults or as appropriate for their ages in operating the ATV and state that I have no medical condition(s) or disabilities incompatible with the safe operation of an ATV. I acknowledge that no one under the age of 13 may drive a Single Rider ATV or Side by Side ATV under any circumstances.

I acknowledge that I am not permitted to operate an ATV while under the influence of, or in any way impaired by, any drug (legal or illegal) or alcohol. I hereby warrant that I am not under the influence, or in any way impaired by, any drug and/or alcohol. 

I agree to pay repair costs for any damage to the ATV covered by this rental agreement, other than ordinary wear and tear. In addition, disregarding any warnings pointed by the crew any period during the activity, and found the damage done by me, the repairing costs will be burden by me or by my guardians/parents. I further understand that I am responsible for the safe-keeping of my personal possessions to protect them from loss or damages, including theft, to myself or other persons, objects or property, including, but not limited to, any eyewear (prescription or non-prescription eyeglasses, contact lenses, sunglasses, etc.), cash, jewellery, electronic equipment, including cell phones and cameras or other personal property. 

I hereby agree that before operating any ATV of Katimahar Agri Park ATV Adventure, I will listen and follow the instructions given during the "Safety Introduction and ATV Operating Familiarisation" briefing. 

I also acknowledge that after the briefing of "Safety Introduction and ATV Operating Familiarisation" I have tested and confirmed that the ATV that I am operating is safe and functioning well as expected. 

I understand that before operating any ATV of Katimahar Agri Park ATV Adventure, I must demonstrate safe driving skills as briefed during the safety briefing. Therefore, if I cannot pass this demonstration any time during the activity, MPK Katimahar Agri Park will NOT refund my paid tour monies and they will take me back to my vehicle or to the waiting point area.

However, if I have posed negligence of safety and cause harm to anyone as such to myself, other participants or to the members of staff, and/or I have been ignorant that I can damage the ATV due to my operating of the ATV and/or I  have displayed aggressive and abusive behaviour (verbal or physical), and I have been warned by the MPK Katimahar Agri Park ATV adventure crew for three times any time during the activity, I hereby agree and abide subject to the assessment by the MPK Katimahar Agri Park ATV Adventure that they have the rights to cancel my ride and/or my group and no refund can be made by me or my group or my parties and full payment of the rental and/or of the damages that have been forced to the ATV or to the properties of MPK Katimahar Agri Park may apply to me and/or to my group. This rule is enforced for the safety of all participants and the good condition of the ATV and the properties of MPK Katimahar Agri Park.

 

Payment, Refund and Cancellation Agreement;

I understand on the payment policy and agreement, that all down-payment should be made before the day of the activity and full payment should be made on that day of the activity any time before the activity commence.

I acknowledge the down-payment is to secure the booking slot as per agreed plan and will be paid accordingly either by cash and/or bank transfer/digital payment (whichever that qualifies the acceptance of transaction between my bank and beneficiary/receiver's bank).

With regards to payment by bank/digital transfer is being made by me, I hereby agree to provide authentic evidence such as images of the transaction made between my bank account and the receiver's account. However, if the evidence provided is ambiguous, I am willingly to provide the bank transaction as provided by my bank to MPK Katimahar Agri Park ATV Adventure. Failing to provide evidence as such transaction, I acknowledge that I require to pay the full amount on the day of the activity. Until MPK Katimahar Agri Park ATV Adventure update on the payment clarification, I shall adhere to their judgement with no futher pursuit on the pending issues. 

I acknowledge on the refund policy that in case of unforseen circumstances that cannot be avoided by me and I cannot proceed the activity, I am eligible to request for a refund to MPK Katimahar Agri Park ATV Adventure. In such situation, I am required to inform MPK Katimahar Agri Park ATV Adventure before the activity commence. Failing to do so, I hereby agree permissibly, the request is void and my down-payment cannot be refunded back to me.

I understand that if no apparent reason I can give that I have requested for last minute cancellation of the activity on that day, I may no longer eligible to request for a refund. 

In regards to the  absent of participants in my group on that day of activity, I hereby abide with subject to MPK Katimahar Agri Park ATV Adventure's evaluation that I and/or my group may require to pay full payment of the rental of the agreed number of the prepared ATV on-site.

I understand and seriousness of punctuality that in the event that my group and/or I arrive an hour late from the agreed time, and at the agreed meeting point at MPK Katimahar Agri Park, subject to the conclusive judgment of MPK Katimahar Agri Park ATV Adventure, they have the rights to refuse to proceed with the activity. 

In the event of the participant that is registered with this form is under my care and/or I am the legal guardians/parents, I hereby take full responsibility any incidents, charges and whatever violation caused by the said participant as according to the listed terms and conditions in this waiver form.

Furthermore, the terms and conditions as stated in this waiver form automatically extended to me as the guardian/parent to the said participant. I as the guardians/parents to the said participant acknowledge the terms and conditions that apply to the said participant, have fully explained the terms and conditions to the said participant. 

In the event that I am yet to qualify or does not have the capability to take full responsible and accoutable in all legal rights matter, in this case, I am still under guardian/parent care to take full responsibility in all legal rights, MPK Katimahar Agri Park ATV adventure have the rights to postponed or halt the activity until my guardian/parents agree and complete the MPK Katimahar Agri Park ATV Adventure waiver form.

I hereby agree with the payment, refund and cancellation agreement is clear and precise as evidently explained by MPK Katimahar Agri Park ATV Adventure.

 

Information Agreement;

I hereby confirmed all information provided is complete, precise and correct which include the information of me and/or my child and I hereby agree with the terms and conditions whichever that befitted upon me accordingly. Failing to provide complete, correct and precise information which is checked and validated by MPK Katimahar Agri Park ATV Adventure any time before the activity, I will abide not to proceed the activity until all information that is required are all complete, precise and correct. In addition, I will accept MPK Katimahar Agri Park ATV Adventure assessment on the outcome of the activity.

I understand the information given by me to MPK Katimahar Agri Park ATV Adventure solely for record tracking and will not abuse by the forementioned company in any way for commercial purposes. In case some what the information given is leaked, I have the rights to know with evidence the information leaked was unintentional and I give full authority to MPK Katimahar Agri Park ATV Adventure to resolved the issue.

In case disagreement between me and MPK Katimahar Agri Park ATV Adventure on the information provided, I agree on the outcome of the disagreement and not pursuit further any activity nor raise further issue with MPK Katimahar Agri Park ATV Adventure on the proceeding predicament. 

I hereby agree that any claim, action or dispute arising under this Agreement, or as a result of my participation and/or my child, must be submitted to binding arbitration with MPK Katimahar Agri Park ATV Adventure, with costs to be borne by the loser. If any part of this Agreement is found by a Court or other appropriate authority to be void or unenforceable, the remainder of the Agreement nevertheless shall remain in full force and effect.

I hereby give my permission and consent to the taking of photographs, video, and other images of me, or the child, and agree that such images may be published and otherwise used by Katimahar Agri Park Adventure, for advertising, promotion, publicity, or such other purpose as it deems appropriate, without compensation to me or to the child.

I acknowledge that MPK Katimahar Agri Park ATV Adventure, is not a "Common Carrier" but rather is in the business of providing ATV or adventure-type trips.

Transportation by bus or van to and from the activity may be provided and is incidental to the activity. Such transportation may involve errors in judgment by Katimahar Agri Park Adventure staff operating the buses or vans or other transport vehicles. While Katimahar Agri Park Adventure endeavours to keep all transport vehicles in safe operating condition, the vehicles may malfunction or break down causing delays, injury, accidents or in extreme cases, death. Transport may also be provided by independent contractors to Katimahar Agri Park Adventure. and may involve errors in judgment by those independent contractors out of the control of Katimahar Agri Park Adventure.

For security and compliance purposes, ONLY THE FRONT IC is required. For passport, ONLY passport owner page (VIZ) is required, please do not include the computer code (DO NOT include the code which is located at the bottom of the page of the passport). Click here for sample

NOTE : This section does not need to be filled-in by the participant/guardian/parent if the participant that is above legal age and does not require any guardians or parents accountability. 

Please take note, by clicking "NO" of this section, you will be held accountable as according to the listed rules and regulations of this waiver form.

For security and compliancy concerns ONLY THE FRONT IC is required. For passport, ONLY passport owner page (VIZ) is require, please do not include the computer code (DO NOT include the code which is located at the bottom of the page of the passport). Click here for sample

INFO : In case of emergency, please fill in this section of the emergency contact person.