PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Throw Dat Dirt LLC, Inc. their agents, owners, officers, volunteers, employees, and all other persons or
entities acting in any capacity on their behalf (hereinafter collectively referred to as "TDD"), I hereby agree to release, indemnify, and
discharge TDD, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in guided ATV and UTV activities entails known and unanticipated risks that could result in
physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply
cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the possibility of rough terrain, slips and falls; passengers can be jolted, jarred, bounced around,
thrown about and otherwise shaken during rides; collision with fixed or movable objects, or vehicles; hypothermia, hyperthermia (heat
related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant
life; aggressive and/or poisonous marine life; sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures,
musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; equipment failure and/or operator error;
the negligence of other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical
condition, and the physical exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity
locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical
facilities and emergency treatment or other services rendered.
Furthermore, TDD personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a
participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings
or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured DOT or SNELL
certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TDD from any and all claims, demands, or
causes of action, which are in any way connected with my participation in this activity or my use of TDD’s equipment or facilities,
including any such claims which allege negligent acts or omissions of TDD.
4. Should TDD or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear
the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I
may have.
6. In the event that I file a lawsuit against TDD, I agree to do so solely in the state of Louisiana and I further agree that the substantive
law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this
agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
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.”
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I
may be found by a court of law to have waived my right to maintain a lawsuit against TDD on the basis of any claim from which I
have released them herein. I also agree that this document is valid for subsequent visits and participation at TDD. I have had
sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT
I, the undersigned, have been fully warned and advised by Throw Dat Dirt LLC (hereinafter collectively referred to
as “TDD”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding
or being around all-terrain vehicles (“ATV’s”) or utility-terrain vehicles (“UTV’s”) (whether on the premises or
off of the TDD’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my
death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that
by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased
risk for injuries, and against the advice of TDD and numerous court cases I am refusing this critical safety
precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their
behalf to waive the requirement.
I, the undersigned, have read the foregoing statement carefully before signing and do understand its
warning.