For the safety of all riders, spectators, guests, staff, and property owners, EVERY person entering the premises, "restricted area" referred to as Diamond MX, located at 131 Atwood Farm Way, East Wareham, Massachusetts 02538, is required to complete and sign the appropriate waiver and release documents BEFORE entering the property or participating in any activities.

This requirement applies to ALL individuals,

including but not limited to:

- Adults and minors

- Riders and racers

- Practice participants

- Spectators and guests

- Mechanics and pit crew members

- Family members and parents

- Vendors, volunteers

- Event staff and officials

IMPORTANT NOTICE TO ALL PARTICIPANTS, SPECTATORS, AND GUESTS

Diamond MX is a privately owned motocross facility located at 131 Atwood Farm Way, East Wareham, Massachusetts. Motocross and off-road riding activities are inherently dangerous and involve significant risks of serious bodily injury, permanent disability, paralysis, property damage, and death.

ALL MINORS (under 18 years of age) MUST have a waiver completed and signed by BOTH parents or legal guardians unless one parent or guardian has sole legal custody or legal authority to sign on behalf of the minor participant.

If sole legal custody exists, Diamond MX reserves the right to request supporting legal documentation.

NO EXCEPTIONS WILL BE MADE.

Access to the property, track, pit areas, restricted areas, parking areas, and event grounds may be denied to any person who has not completed the required waiver documentation.

By entering the property, all individuals acknowledge that they understand the dangerous nature of motocross and off-road activities and agree to comply with all Diamond MX rules, safety requirements, and instructions from track officials and staff.

Diamond MX reserves the right to refuse entry or remove any person from the premises for failure to comply with waiver requirements, safety rules, or staff instructions.

Required for all individuals 18 years of age or older.

Use this form if:

• You are 18 years old or older; and/or
• You are entering the property as a rider, spectator, guest, mechanic, crew member, volunteer, vendor, or participant.

 

 

⚠️ ALL PERSONS ENTERING THE PROPERTY MUST HAVE A COMPLETED WAIVER ON FILE PRIOR TO ENTRY. NO EXCEPTIONS.

 

 INTRODUCTION

IN CONSIDERATION of being permitted to enter upon and use the premises known as Diamond MX, located at 131 Atwood Farm Way, East Wareham, Massachusetts 02538, and to participate in motocross, off-road riding, racing, practice riding, training, spectating, officiating, volunteering, working, or any related activity (collectively, the “Activities”), the undersigned participant, intending to be legally bound, agrees as follows:

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1. EXPRESS ASSUMPTION OF RISK 

The Participant acknowledges and understands that motocross and all motorized off-road Activities are INHERENTLY DANGEROUS recreational activities that carry a SIGNIFICANT AND FORESEEABLE RISK of SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH.

These risks include, but are not limited to:

• Collisions with riders, spectators, vehicles, or fixed objects
• Jumps and obstacles
• Uneven or unpredictable terrain
• Changing track conditions
• Weather conditions
• Dust and reduced visibility
• Mechanical failure of equipment
• Negligent acts or omissions of participants or third parties
• Inadequate safety equipment
• Delays in emergency response or medical care

The Participant further acknowledges that these risks exist even if CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES.

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2. VOLUNTARY PARTICIPATION

The Participant confirms that participation is voluntary and that the Participant is physically and mentally capable of participating in the Activities.

The Participant understands that they are not relying on any representation by Diamond MX or any Released Party regarding safety.

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3. EXPRESS ASSUMPTION OF ALL RISKS

The Participant knowingly, freely, and voluntarily ASSUMES ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE arising from participation in or presence at the Activities, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING THOSE ARISING FROM NEGLIGENCE.

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4. PREMISES INSPECTION & NO DUTY TO GUARANTEE SAFETY

The Participant acknowledges that they are solely responsible for inspecting the premises, track, obstacles, facilities, and surrounding areas before participating.

The Participant further understands and agrees that:

• Diamond MX does NOT guarantee the condition or safety of the premises or track
• Conditions may change at any time without notice
• The Participant assumes full responsibility for deciding whether participation is safe

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5. PROTECTIVE EQUIPMENT DISCLAIMER

The Participant acknowledges that helmets and other protective gear may reduce injury severity, but DO NOT ELIMINATE THE RISK OF SERIOUS INJURY OR DEATH.

The Participant is solely responsible for ensuring that all protective equipment is properly fitted, maintained, and used at all times.

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6. COMPLIANCE WITH RULES

The Participant agrees to comply with all rules, instructions, signage, and directions of Diamond MX staff and officials.

The Participant understands that violating the rules may result in immediate removal without a refund and may increase the risk of serious injury.

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7. RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)

The Participant, on behalf of themselves and their heirs, assigns, personal representatives, next of kin, estate, and anyone acting on their behalf, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE:

Diamond MX; Stephen Hulburt; the property owners and lessors; event organizers; sponsors; promoters; participants; officials; rescue personnel; volunteers; employees; agents; contractors; insurers; and all affiliated persons or entities (collectively, the “Released Parties”)

FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES arising out of or related to injury, death, or property damage, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by Massachusetts law.

This release does NOT apply to claims resulting from gross negligence or willful or wanton misconduct where such waiver is prohibited.

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8. INDEMNIFICATION

The Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, liabilities, damages, judgments, costs, attorney’s fees, or expenses arising out of or related to:

• Participation in the Activities
• Presence on the premises
• Any act or omission by the Participant
• Any claim brought contrary to this Agreement

This obligation applies even if the claim alleges NEGLIGENCE of the Released Parties, to the fullest extent permitted by Massachusetts law.

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9. MEDICAL AUTHORIZATION & EMERGENCY RESPONSE LIMITATION

The Participant authorizes emergency medical treatment if deemed necessary.

The Participant acknowledges and agrees that:

• Emergency response may be delayed due to rural location, terrain, or conditions
• No guarantee of immediate medical care exists
• All medical costs are the sole responsibility of the Participant

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10. PROPERTY DAMAGE RESPONSIBILITY

The Participant accepts full financial responsibility for any damage caused to property, equipment, vehicles, or the premises.

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11. CONTINUING EFFECT

This Agreement applies to all visits, Events, practices, races, and Activities at Diamond MX unless revoked in writing by Diamond MX.

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12. GOVERNING LAW / VENUE

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.

Any dispute arising out of or related to this Agreement or the Activities shall be brought exclusively in a court of competent jurisdiction in Massachusetts.

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13. SEVERABILITY

If any provision is held invalid, the remaining provisions shall remain enforceable.

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14. ACKNOWLEDGMENT OF UNDERSTANDING

THE PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT CAREFULLY, UNDERSTAND THAT IT IS A LEGAL CONTRACT, UNDERSTAND THAT THEY ARE WAIVING AND GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE.

INTRODUCTION
IN CONSIDERATION of being permitted to enter upon and use the premises known as Diamond MX, located at 131 Atwood Farm Way, East Wareham, Massachusetts 02538, and to participate in motocross, off-road riding, racing, practice riding, training, spectating, officiating, volunteering, working, or any related activity (collectively, the “Activities”), the undersigned participant, intending to be legally bound, agrees as follows:

1. IRREVOCABLE GRANT OF RIGHTS
The Participant hereby grants to Diamond MX and its owners, operators, affiliates, successors, assigns, licensees, sponsors, advertisers, and partners (collectively, the “Released Parties”) an irrevocable, perpetual, worldwide, royalty-free, fully transferable and sublicensable license to capture, record, photograph, film, and otherwise document the Participant’s image, likeness, appearance, voice, and performance while on the premises or participating in any Activities.

The Participant authorizes the Released Parties to use, reproduce, edit, modify, adapt, publish, distribute, display, and create derivative works from such materials in any manner whatsoever, in any media now known or hereafter developed.

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2. COMMERCIAL AND SPONSORSHIP USE

The Participant expressly authorizes the use of their name, likeness, image, voice, and biographical information for any lawful purpose, including but not limited to:

• advertising and marketing campaigns
• sponsorship activation and fulfillment
• branded content and endorsements
• social media and digital media promotion
• print, broadcast, and outdoor advertising
• promotional materials and merchandise
• corporate sponsorship presentation

The Participant acknowledges that their likeness may appear alongside third-party sponsor branding, logos, and commercial messaging.

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3. TRANSFER AND SUBLICENSING
The Participant agrees that the rights granted herein may be freely assigned, transferred, or sublicensed by the Released Parties to any third party without further notice or consent.

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4. WAIVER OF APPROVAL AND COMPENSATION
The Participant waives any right to inspect, approve, or be compensated for any use of their image, likeness, name, or recorded media as authorized under this Agreement.

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5. RELEASE OF LIABILITY FOR MEDIA USE
The Participant, on behalf of themselves and their heirs, assigns, personal representatives, and anyone acting on their behalf, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from any and all claims arising out of or related to the creation, use, publication, distribution, or commercial exploitation of such materials, INCLUDING BUT NOT LIMITED TO claims for:

• invasion of privacy
• right of publicity
• misappropriation
• defamation
• distortion, alteration, or optical illusion
• emotional distress

to the fullest extent permitted by the laws of the Commonwealth of Massachusetts.

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6. INDEMNIFICATION
The Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, damages, liabilities, costs, or expenses (including attorney’s fees) arising out of or related to:

• the rights granted under this Agreement
• any claim related to the use of the Participant’s image or likeness
• any breach of this Agreement by the Participant

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7. REPRESENTATIONS AND AUTHORITY

• The Participant represents and warrants that:
• they are at least 18 years of age;
• they have full legal capacity to enter into this Agreement;
• this Agreement does not violate any other agreement; and
• no additional consent is required for the rights granted herein.

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8. PERPETUAL AND IRREVOCABLE EFFECT
This Agreement is intended to be perpetual, irrevocable, worldwide, and binding, and shall survive termination of participation in any Diamond MX activities, to the fullest extent permitted by law.

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9. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the Commonwealth of Massachusetts.

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ACKNOWLEDGMENT OF UNDERSTANDING
THE PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT CAREFULLY, UNDERSTAND THAT IT IS A LEGAL CONTRACT, UNDERSTAND THAT THEY ARE GRANTING COMMERCIAL RIGHTS TO THEIR NAME AND LIKENESS AND GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE.

Save Your Diamond MX Rider Identification QR Code
This QR code is connected to your unique Diamond MX Rider ID. Keep it handy for future visits to make check-in faster and easier. Your QR code does not contain personal information; it simply allows Diamond MX staff to quickly access your rider profile, waiver information, and reward riders through future loyalty programs.