WAIVER, RELEASE, INDEMNIFICATION AND COVENANT NOT TO SUE
AGREEMENT: _______________, 2006
In exchange for being allowed on property of Georgia
Motorplex, LLC, d/b/a Aonia Pass, including parking,
tracks, woods, and trails (Property), for recreation including riding ATVs,
motorcycles and other vehicles, camping, hiking, fishing, picnicking, nature
study, archeological study, sightseeing, and spectating
(Activities), I and any minors in my care and/or custody (Minors) and anyone
who might sue on my behalf, (collectively, Releasors)
(1) will indemnify, defend, and hold harmless Georgia Motorplex,
LLC, any landlord, promoters, sponsors, sanctioning entity, affiliated
persons/entities, and all their respective officers, directors, employees,
owners, agents and members, and all their respective heirs, estates, executors,
administrators, successors, officers, stockholders, members, owners, employees,
agents, representatives and assigns (Releasees), from
and against any and all known or unknown, now or in the future, claims,
damages, actions, causes of action, or suits, for death, personal injury,
disability and/or property damage, fees (including attorneys’ fees and
litigation expenses incurred by Releasees) regarding
any such claims, or expenses (including without limit medical expenses) on the
part of any person relating to the use of or presence on the Property by Releasors (Claims) relating in any way to: (i) my/our actions or inactions, (ii) my/our breach or
failure to abide by any part of this agreement; or (iii)) any other harm caused
by me/us; and (2) release and discharge Releasees
from and against Claims, even if due to Releasees’
negligence (except willful or wanton negligence or misconduct); Releasees shall not be liable for Claims. Releasors waive any right to sue Releasees
for such.
We are physically fit, have sufficiently trained for
such Activities, are experienced in safely engaging in Activities, have safe
equipment, will use appropriate safety gear including helmets at all times
while operating vehicles and have not been advised against such Activities by a
health professional. We know: there are obvious and hidden risks and dangers on
any property of this type and on this Property; weather, erosion, vegetation
and vehicles constantly change the conditions and dangers on the property;
sometimes other patrons may violate the strict safety rules of Releasees; some Activities may cause death, serious injury,
and property loss; and Releasees may not have
liability insurance. We expect wrong way riders, pedestrians and other hazards.
We voluntarily assume all such risks. If we are on unfamiliar terrain we will
go slower and more carefully than normal and inspect the terrain very
carefully. If I believe an area is unsafe I will immediately advise Releasees.
I assume full responsibility for me and any Minors
for the risk of injury, death, disability, or property damage. In exchange for
being allowed on the Property, Releasors covenant not
to sue or assist in the pursuit against Releasees
regarding any Claims, regardless of who caused the Claims, including without
limit fault or negligence of Releasees (except
willful or wanton negligence or misconduct of Releasees).
Releasors will pay our own and Releasees’
attorneys fees and expenses relating in any way to Releasor's breach or failure to abide by any part of this
agreement.
Releasees have been encouraged to make the Property available to
the public for recreational purposes by receiving liability protection under
the Georgia Recreational Property Act, Code Sections 51-3-20 and following. All
protections of said Act apply to Releasors for the
benefit and protection of Releasees.
My signature on this agreement is relied on by Releasees to allow me and any Minors to engage in
Activities on the Property. This agreement is intended to be as broad as the
law allows. If any part is invalid, the rest shall stand. This agreement shall
be continuing and shall apply to the use of the Property by me and any Minors
on this date and on any future date. Releasors assume
the risks of the dangers of being on the Property, and rely wholly on our own
judgment, not on any statements or representations of Releasees.
This agreement reflects the entire understanding on this agreement, and no
statements, promises or inducements not contained in this agreement shall be
valid or binding. I can have a copy of this agreement on request. I have signed
below under my hand and seal, this date, and am authorized to sign on behalf of
any Minors. I am 18 or older, have read this agreement and fully understand it.
_____________________________________________________________________
Name (Print & Sign Under
Seal); City; Emergency
CERTIFICATION, CONSENT AND AUTHORIZATION FOR MINOR(S):
_________________________, 2006
I, the below signed parent and natural or legal
guardian of the below named minor(s), acknowledge that I executed and
understood the WAIVER, RELEASE, INDEMNIFICATION AND COVENANT NOT TO SUE
AGREEMENT for and on behalf of both Releasors and the
minor(s) named below. This representation by me is given to induce Releasees to permit the Releasors
to use the Property for recreation including the operation of vehicles and
other activities which are inherently dangerous, and I agree Releasees are absolutely and unconditionally entitled to rely
on my agreements, covenants, and assertions provided herein. I bind myself, the
minor(s), and our executors, administrators, heirs, estate, successors, and
assigns to the said Agreement. I have the legal capacity and authority to act
for and on behalf of the minor(s) named below. I will indemnify, defend and
hold harmless the Releasees for any expenses incurred
by them, and for any claims made or liabilities assessed against them, as a
result of any insufficiency of my legal authority to act for the minor(s) in
the execution of the Agreement or in the execution of this CERTIFICATION,
CONSENT AND AUTHORIZATION. I agree I may request a copy of this document.
If Releasors operate
vehicles on the Property we will wear helmets and other appropriate protective gear
at all times while doing so. I certify any vehicles Releasors
may operate on the Property, and all associated equipment, is safe and in good
condition. I acknowledge that any operation of vehicles on the Property poses
serious risk of injury, disability, or death to both the operator and others in
and around the Property, and such risk may reasonably be expected to be lower
for those persons who have greater skill and experience in the operation of
such vehicles. Releasees offer a separate area of the
Property in which Releasors may practice safe riding
skills in a less dangerous environment. I agree Releasees
make no claim that such practice will prevent injury, disability, or death, but
make such offer in the reasonable belief that it may reduce the likelihood of
injury or death. Accordingly, I choose one of the following, via initialing
below, to induce Releasees to permit Releasors to operate vehicles on the Property:
__________ I accept Releasees’
offer of the use of a separate practice area for myself, and the below named
minor(s).
OR
__________ I represent that I and the below named
minor(s) possess sufficient skill and experience in the safe operation of
vehicles in and on the Property, and decline the offer of a practice area.
I authorize any licensed physician, emergency
medical technician, hospital or other medical or health care facility (“Medical
Provider”) to treat the minor(s) named below for attempting to treat or relieve
any injuries received by said minor(s). I authorize any such Medical Provider
to perform all procedures deemed medically advisable by the Medical Provider in
attempting to treat or relieve any such injuries and any related conditions of
said minor(s) that may be encountered during the course of attempting to treat
or relieve such injuries. I consent to the administration of anesthesia during
such treatment. I realize there is a possibility of complications and
unforeseen consequences in any medical treatment, and I release Releasees, covenant not to sue Releasees,
and agree to indemnify, defend and hold harmless Releasees
and assume any such risk related to medical treatment, for and on behalf of
said minor(s) and myself. I acknowledge no warranty is being made as to the
results of any medical treatment.
___________________________
_______________________________(Seal)
Print Name of Parent/Guardian Signature of
Parent/Guardian for Minor
_____________________________________________________________________
Print Minor’s Name and date of birth Minor’s SSN
_____________________________________________________________________
Print Minor’s Name and date of birth Minor’s SSN