THROW DAT DIRT, LLC
RELEASE OF LIABILITY WAIVER
This is a RELEASE of liability and is a legal and binding contract. In addition to the release of liability, it is also an Assumption of Risk and Indemnity Agreement for the undersigned:
Participant (and/or Guardian on behalf of their minor Participant) in consideration for Participant(s) being permitted to enter and/or use property managed by THROW DAT DIRT , LLC for any purpose, or participate in any way in any activities on this property including, but not limited to, walking, working, observing, riding, officiating, competing or any other activities on this property, each of the undersigned, for himself, his minor child, his personal representatives, heirs, and next of kin:
Acknowledges, agrees and represents that he has or will immediately upon entering any such property, and will continuously thereafter, inspect the property which he enters and he further agrees and warrants that, if at any time, he is in or about the property and he feels anything to be unsafe, he will immediately advise the management of THROW DAT DIRT , LLC, of such and will leave the property and/or refuse to participate in any further activities on the property.
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FURTHER, participant hereby releases, waives, discharges and covenants not to sue participants, trail/track park operators, employees, officials, vehicle owners, drivers, rescue personnel, promoters, sponsors, advertisers, the business owners, property owners, lessees and lessors of premises used by THROW DAT DIRT, LLC, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises (all hereinafter referred to as "Releasees") and their directors, officers, agents, and employees, from all liability to the undersigned or their minor child, and to their personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to their person or property or resulting in death of the undersigned or their minor child arising out of or related to the activities and event(s), whether caused by the negligence of the releasees or otherwise.
FURTHER, participant 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 activities or events which caused the damages or loss, whether caused by the negligence of the Releasees or otherwise.
FURTHER, participant hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the activities or event(s) whether caused by the negligence of Releasees or otherwise.
FURTHER, participant hereby acknowledge that the activities for which these premises are to be used are very dangerous and involve the risk of serious injury and/or property damage. Each of the Undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.
FURTHER, participant hereby agrees that the safety of 4-wheeler/ATV/UTV/Dirt Bike riding is dependent upon the skills, abilities, and safety practices of the participants and further agrees that they have read and understand the Manufacturer's Recommended Safe Operation guidelines for the 4-wheeler/ATV/UTV/Dirt Bike that he or his minor child will be operating/riding and agree to adhere to those "Guidelines".
FURTHER, participant hereby agrees and acknowledge that I or my minor child will be using the trails and premises of THROW DAT DIRT, LLC and that these trails and property contain natural and manmade obstacles, hazards and defects, including but not limited to holes, roots, fallen trees, ditches, mud holes, road and trail washouts, and other unsafe drivers. Participant agrees that the safe operation of a 4-wheeler/ATV/UTV/Dirt Bike includes riding with a "buddy" who is capable of rendering assistance.
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Adult Participant hereby agrees that, if a participant is a minor, the undersigned guardian,
if present, will maintain direct control over the minor while he/she is operating/riding as a passenger on a 4-wheeler/ATV/UTV/Dirt Bike.
FURTHER, participant 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 the laws of the State of Louisiana.
This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement and the remainder of this shall remain in full force and effect and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
This agreement constitutes the sole and only agreement of the Parties and supersedes any prior understandings or written or oral agreement between the Parties respecting the subject matter of this agreement.
This Agreement shall be construed under and in accordance with the laws of the STATE OF LOUISIANA.
I HAVE READ THIS "RELEASE AND WANER OF LIABILITY AND 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 WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND BY MY SIGNATURE FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
WARNING UNDER LOUISIANA LAW, A MOTORIZED OFF-ROAD VEHICLE ACTIVITY SPONSPOR OR MOTORIZED OFF -ROAD VEHICLE PROFESSIONAL IS NOT LIABILE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN A MOTORIZED OFF-ROAD VEHICLE ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE MOTORIZED OFF-ROAD VEHICLE ACTIVITY, PURSUANT TO R.S. 9:2795.4.”
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Until this release is revoked this release is valid and applies to and is binding on the signers for all current and future use of the Northgate Land Development property by the participants named herein.
Any revocation of this "release and waiver of liability and assumption of risk and indemnity agreement" by either a participant and/or a participant's guardian must be made in writing and delivered by hand to Throw Dat Dirt, LLC or mailed return receipt requested to:
Throw Dat Dirt, LLC
8131 Quad Square Drive
Baton Rouge, LA 70814.
IF any participant is under the age of 18, this document must be signed in the presence of Throw Dat Dirt, LLC employee or assigns upon entry.
IMAGE RELEASE
I, the undersigned participant gives Throw Dat Dirt LLC, permission to use any photos or videos taken at the Throw Dat Dirt Urban ATV Park for any legal use including but not limited to publicity, copyright purposes, illustration, advertising and web content.