OFFROAD ADVENTURES AT DURHAMTOWN, LLC, CERTIFICATION, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION AGREEMENT
PLEASE READ, UNDERSTAND AND INITIAL ALL SPACES BELOW BEFORE SIGNING
(PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING IT, YOU ARE GIVING
UP YOUR AND/OR YOUR FAMILY' S LEGAL RIGHTS)
(“AGREEMENT”)
BY SIGNING THIS AGREEMENT I AM KNOWINGLY AND VOLUNTARILY GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE, PARTNER AND/OR CHILD(REN)/WARD(S) TO SUE OFFROAD ADVENTURES AT DURHAMTOWN, LLC FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF OFFROAD ADVENTURES AT DURHAMTOWN, LLC, INCLUDING ANY OF ITS OWNERS, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.
In consideration of being allowed to participate in the services and Activities, including, but not limited to, Camper Park access, ATV/Motorcycle/UTV trail riding Activities and snack bar and pro shop access, parties, and any other motorized or camping recreational activities (collectively “Activities”), provided by OFFROAD ADVENTURES AT DURHAMTOWN, LLC and its agents, owners, officers, directors, principals, members, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, landlords and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “OFFROAD ADVENTURES AT DURHAMTOWN”), I, on behalf of myself, and/or on behalf of my spouse, partner and/or my minor child(ren)/ward(s), my and their heirs, assigns and personal representatives, and all others, I hereby agree to forever release, indemnify and discharge OFFROAD ADVENTURES AT DURHAMTOWN on behalf of myself, my spouse, partner, my children, my parents, my guardians, my wards and their parents or legal guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me or act on my or their behalf as follows:
Initial Here (1) Certification: I certify that I and/or my child(ren)/ward(s) am/are (i)physically able to participate in all Activities at OFFROAD ADVENTURES AT DURHAMTOWN without aid or assistance and that (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in the Activities, and (iii) I/we have not been advised against participating in the Activities by a health professional. I further certify that I am willing to assume the risk of injury or death caused or aggravated by any medical or physical condition that I may have. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in the Activities. I acknowledge that I have read the rules, (the OFFROAD ADVENTURES AT DURHAMTOWN rules) governing my and/or my child(ren) /ward(s)’s participation in any of the Activities and agree to abide by all such rules. I certify that I have explained the OFFROAD ADVENTURES AT DURHAMTOWN rules to the child(ren) listed in this Agreement. I acknowledge that the OFFROAD ADVENTURES AT DURHAMTOWN rules have been implemented for the safety of all guests, including myself and/or my child(ren)/ward(s). I acknowledge that failure to follow the rules could result in serious injury or death to, as well as the expulsion of, myself and/or my child(ren)/ward(s) from OFFROAD ADVENTURES AT DURHAMTOWN.
Initial Here (2) RELEASE OF LIABILITY: I acknowledge and agree that my or my child(ren)/ward(s)’s use of OFFROAD ADVENTURES AT DURHAMTOWN facilities and equipment and participation in Activities offered by OFFROAD ADVENTURES AT DURHAMTOWN entails known and unknown risks which are inherently dangerous, can be life-threatening, and can result in physical or emotional injury, including, but not limited to broken bones, sprained or torn muscles, tendons or ligaments, internal injuries, brain injuries, paralysis, death, or other bodily injury. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. Despite all known and unknown risks, I hereby expressly assume all risks associated with participation in the Activities offered by OFFROAD ADVENTURES AT DURHAMTOWN and voluntarily remise, release, acquit, satisfy and forever discharge OFFROAD ADVENTURES AT DURHAMTOWN, its equipment suppliers, course designers and builders, or such other material and equipment utilized in OFFROAD ADVENTURES AT DURHAMTOWN facilities (“EQUIPMENT SUPPLIERS”) and all others, and agree to hold them harmless of and from any and all manner of action and actions or omission(s), causes of action, suits, debts, dues, sums of money, accounts, bills, controversies, agreements, promises, damages, judgments, executions, expenses, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by OFFROAD ADVENTURES AT DURHAMTOWN or its EQUIPMENT SUPPLIERS or any others, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the Activities. This Release of Liability, is effective and valid regardless of whether the damages, loss or death is a result of any act or omission on the part of OFFROAD ADVENTURES AT DURHAMTOWN or its EQUIPMENT SUPPLIERS or any others.
Initial Here (3) INDEMNIFICATION: I understand and agree that the known and unknown risks may be caused in whole or in part by my or my spouse’s, partner’s or child(ren)/ward(s)’s own actions or inactions, the actions or inactions of others participating in Activities, or the acts, inaction or negligence of OFFROAD ADVENTURES AT DURHAMTOWN and any EQUIPMENT SUPPLIERS or any and all others, and in consideration of being allowed, along with my spouse, and/or my minor child(ren)/ward(s) to participate in the Activities, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse, partner and/or my minor child(ren)/ward(s) as a result of the participation in Activities in or about the facility, including any such loss due to any negligence of OFFROAD ADVENTURES AT DURHAMTOWN, all EQUIPMENT SUPPLIERS and all others, and hereby agree to indemnify and hold harmless OFFROAD ADVENTURES AT DURHAMTOWN all EQUIPMENT SUPPLIERS, and all others from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred and/or suffered by OFFROAD ADVENTURES AT DURHAMTOWN, any EQUIPMENT SUPPLIERS and all others, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments OFFROAD ADVENTURES AT DURHAMTOWN or any EQUIPMENT SUPPLIER incurs in the event that I, my spouse, partner or my minor child(ren)/ward(s) cause any injury, damage, and/or harm to OFFROAD ADVENTURES AT DURHAMTOWN or its EQUIPMENT SUPPLIERS, and/or any and all other persons and entities acting in any capacity on behalf of OFFROAD ADVENTURES AT DURHAMTOWN AND/OR ITS EQUIPMENT SUPPLIERS. I UNDERSTAND AND AGREE THAT OFFROAD ADVENTURES AT DURHAMTOWN , ITS EQUIPMENT SUPPLIERS OR ANY OTHERS WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME OR MY SPOUSE IF I AND/OR MY CHILD(REN)/WARD(S) ARE INJURED AND THAT I AM EXPRESSLY WAIVING ALL RIGHTS THAT I, MY SPOUSE OR MY CHILD(REN)/WARD(S) MAY HAVE TO PURSUE A CLAIM FOR ANY SUCH COSTS OR EXPENSES.
Initial Here (4) ATTORNEYS’ FEES: I promise to indemnify OFFROAD ADVENTURES AT DURHAMTOWN for any attorneys’ fees and/or costs incurred to enforce this Agreement, including all costs associated with the defense of any claims or suits and the costs of any collection efforts. Further, should any debt and/or judgment accrue in favor of OFFROAD ADVENTURES AT DURHAMTOWN, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
Initial Here (6) TERMS OF AGREEMENT: I understand that this Agreement is continuing and extends into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit OFFROAD ADVENTURES AT DURHAMTOWN.
Initial Here (7) AUTHORITY TO SIGN: I certify that I am the parent, legal guardian or authorized agent for the parent or legal guardian of the child(ren) listed in this Agreement and have the full authority to sign this Agreement on behalf of my child(ren) or the parent or the legal guardian of the child(ren) listed:
By signing this document, I understand that I may be found by an arbitrator or court of law to have forever waived my and my spouse’s, partner’s and/or child(ren)/ward(s)’s rights to maintain any action against OFFROAD ADVENTURES AT DURHAMTOWN, its EQUIPMENT SUPPLIERS, and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse, partner and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless OFFROAD ADVENTURES AT DURHAMTOWN, its EQUIPMENT SUPPLIERS and all released parties herein, as a result of the participation in the Activities in or about the facility by myself, my spouse, partner and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse, partner and/or child(ren)/ward(s) against OFFROAD ADVENTURES AT DURHAMTOWN and its EQUIPMENT SUPPLIERS related in any way to participation in the Activities. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, and/ or have voluntarily waived my right to do so. I understand this Agreement and knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
PARENT, LEGAL GUARDIAN OR AUTHORIZED AGENT’S SIGNATURE (You MUST be 18 or older to sign and MUST be the parent or legal guardian to sign for a minor)
OFFROAD ADVENTURES AT DURHAMTOWN reserves the right to review your drivers license and/or other forms of ID to verify identity and age.
I have set my hand and seal of Friday, April 26, 2024