RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF
RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to enter upon, be present at, or use the Off-Road Obstacle Course at Matthews of Hallstead (hereinafter referred to as the “Premises”), for any and all purposes and activities including, without limitation, the operation, engagement, trail riding (competitive or otherwise), or maintenance of any motorized mode of transportation, including without limitation, 4x4 automobiles, any and all other activity incidental thereto, including without limitation the passive, casual or active observance of any of the aforementioned purposes and activities (hereinafter collectively referred to as the “Activities”), the undersigned, on behalf of the undersigned, for themselves and any MINOR in the custody of the undersigned, the undersigned's personal representatives, heirs, next of kin, and any and all other persons using the premises for the Activities as a guest of the undersigned (hereinafter collectively referred to as the “Undersigned”):
1. Hereby releases, waivers, discharges and covenants not sue MATTHEWS OF HALLSTEAD, INC., SOUND MEMBERS, LLC, JFM REAL ESTATE PROPERTY & MANAGEMENT, LLC. and ROCK CRAWL ENTERPRISES, LLC, their officers, agents and representatives, and any individual engaging in the Activities, rescue personnel, and the Premises inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the Premises, and each of them, their directors, officers, agents and employees (hereinafter referred to as “Releasees”), from all liability to the Undersigned for any and all loss or damage and any claim or demands therefore on account of injury to the person or property or resulting in death of the Undersigned arising out of or related to the use of the Premises for the Activities, whether caused by the negligence of the Releasees or otherwise.
2. Hereby acknowledges, agrees and represents that immediately upon entering the Premises the Undersigned shall and shall continuously thereafter, inspect every area of the Premises which the Undersigned enters, and the Undersigned further agrees and warrants that, if at any time, the undersigned is in or about any part of the Premises and feels anything to be unsafe, the Undersigned for any and all immediately advise a representative, employee or agent of the owner of the Premises of such and if necessary will leave the Premises and/or refuse to participate in the Activities.
3. Hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to the use of the Premises for the Activities whether caused by the negligence of the Releasees or otherwise.
4. Hereby assumes full responsibility for any risk of bodily injury, no matter how minor, death or property damage arising out of or related to the use of the Premises for the Activities whether caused by the negligence of Releasees or otherwise.
5. Hereby acknowledge that the Activities are very dangerous and involve the risk of serious injury and/or death and/or property damage. The Undersigned, also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.
6. Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. Hereby affirms that I am in good physical and mental health and am able to withstand the physical and mental requirements for engagement in the activities contemplated by this agreement. I will not use alcohol, controlled substances, or other drugs that may affect my ability to operate prior to or during the events contemplated by this agreement at any time.
8. Hereby understands that I am in no way obligated to sign this agreement and further, that I am free to seek the advice of independent legal counsel at my own expense prior to signing this agreement and that any statements by the Releasees are not binding on them unless expressly set forth in this agreement.
9. Hereby agrees that if any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
I have read this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and voluntarily and without inducement, assurance or guarantee being made to me and intend my signature to be a complete, continuing and unconditional release of all liability to the greatest extent allowed by law.