INTRODUCTION
IN CONSIDERATION of permitting the below-named minor participant (“Minor”) 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 parent or legal guardian (“Parent/Guardian”), intending to be legally bound, agrees as follows:
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1. EXPRESS ASSUMPTION OF RISK
The Parent/Guardian 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 Parent/Guardian 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 Parent/Guardian confirms that participation by the Minor is voluntary and that the Parent/Guardian believes the Minor is physically and mentally capable of participating in the Activities.
The Parent/Guardian 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 Parent/Guardian, on behalf of the Minor and themselves, 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 Parent/Guardian acknowledges that they are solely responsible for inspecting or supervising the inspection of the premises, track, obstacles, facilities, and surrounding areas.
The Parent/Guardian 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 Parent/Guardian acknowledges that helmets and other protective gear may reduce injury severity, but DO NOT ELIMINATE THE RISK OF SERIOUS INJURY OR DEATH.
The Parent/Guardian is solely responsible for ensuring that the Minor uses properly fitted and maintained protective equipment at all times.
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6. COMPLIANCE WITH RULES
The Parent/Guardian agrees that the Minor will comply with all rules, instructions, signage, and directions of Diamond MX staff and officials.
The Parent/Guardian understands that violation of rules may result in immediate removal without refund and may increase risk of serious injury.
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7. RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)
The Parent/Guardian, ON BEHALF OF THE MINOR AND THEMSELVES, 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 Parent/Guardian 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:
- The Minor’s participation in the Activities
- The Minor’s presence on the premises
- Any act or omission by the Minor
- Any claim brought by or on behalf of the Minor in violation of 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 Parent/Guardian authorizes emergency medical treatment for the Minor if deemed necessary.
The Parent/Guardian 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 Parent/Guardian accepts full financial responsibility for any damage caused by the Minor 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 PARENT/GUARDIAN 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 ON BEHALF OF THEMSELVES AND THE MINOR, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE.