IXCR/LCR

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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of XC RACER, LLC DBA IXCR, their agents, owners, officers, volunteers, employees, and all other persons or entities acting m any capacity on their behalf (hereinafter collectively referred to as "IXCR"), I hereby agree to release, indemnify, and discharge IXCR, 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 ATV, UTV and Motocross 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: There is the possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; further, passengers can be thrown off the vehicles which can result in any off the above events occurring; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; Traveling to and from activity locations raises the possibility of any manner of transportation accidents; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; the machine itself may fail; and accidents can occur getting in or out.

2.     I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation m this activity is purely voluntary, and I elect to participate in spite of the risks. 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 IXCR 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 IXCR's equipment or facilities, including any such claims which allege negligent acts or omissions of IXCR.

4.    


Should IXCR 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 IXCR, I agree to do so solely in the state of Indiana 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.

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 IXCR 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 IXCR. 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.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

(Must be completed for participants under the age of 18)

In consideration of the following mmor(s): (print name(s)) being permitted by IXCR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless IXCR from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s). Minor(s) DOB(s)

 

 

99 MOORE LANE

SPRINGVILLE,

INDIANA 47462

812-275-0186

PARK ADMISSION:

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Waiver, Release of Liability, Indemnification and Consent to Photo and Videotape Agreement

for entry into Lawrence County Recreational Park

I, the undersigned, do hereby waive and release Lawrence County Recreational Park, Inc., ABATE Foundation, Inc., ABATE of Indiana,

Inc., all of their directors, trustees, officers, employees, agents, volunteers, successors, assigns, and all persons acting under their per-

mission or authority (Collectively referred to herein as “RELEASEES”) from any and all rights and claims for damages, which may relate

to my involvement in this event and any minor(s) named below (“Participants”).

IDENITFICATION AND ASSUMPTION OF RISKS. I understand that motorcycle events include inherent risks. I further understand that

there is no warranty, implied or otherwise as to the safety of this event. I also understand that serious accidents may occur during the

event (which includes all related travel) and that Participants may sustain serious personal injuries or death, as well as property damage,

as a consequence thereof. Further, I also understand the risks inherent with group settings and possible contraction of the Covid-19 virus

and like infections. Accordingly, I understand the risks and expressly assume all risks involved, including those caused in whole or in part

by any negligence of RELEASEES.

RELEASE, WAIVER, AND INDEMNIFICATION. I, on behalf of myself and my estate, and on behalf of any minor named below, agree to assume

all responsibility for, and to indemnify, defend and save harmless RELEASEES from and against, any and all liabilities, judgments, attorney fees,

claims, demands, loss damages, destruction, injury or death, in any way connected with my involvement or the involvement of any minor named

below in this event, whether or not caused in whole or in part by any negligence or misconduct of RELEASEES, or any other Participants in this

event. I, on behalf of myself and my estate, and on behalf of any minor(s) named below, agree to waive all claim(s) for death, injury loss, damage,

or expense, including attorneys’ fees in any way connected with this event.

BINDING EFFECT. I make this WAIVER, RELEASE AND INDEMNIFICATION on behalf of myself and my personal representatives, heirs,

minor(s), assigns, and estate and on behalf of any minor indicated below. Whenever the name “RELEASEES” is used, it is my intention

that said name shall be construed to include the officers and members of RELEASEES and all persons acting in concert with RELEASEES

in connection with the event, of which is the subject of this document.

I agree that my, and any minor(s) named below, being allowed to participate in this event is full and adequate consideration, which binds

me and said minor(s) named below to the provisions of this WAIVER, RELEASE AND INDEMNIFICATION. Furthermore, my participation

constitutes an acceptance of this document by RELEASEES, myself, and any minor(s) named below.

CONSENT TO PHOTOGRAPHS AND VIDEOTAPE. I understand that while participating in the event, my photograph may be taken or

images of me may be recorded on videotape, film, digital media or other media. I agree I do not have an expectation of privacy while

participating in this event. I agree to allow RELEASES, their affiliate(s), or licensee(s) to use my name and/or image in activities, perfor-

mances, portrait or photographic likenesses, or reproductions thereof, in whole or in part, in composite or distorted form, in conjunction

with my own or a fictitious name and/or image, in color or otherwise, made through any medium, including but not limited to display and

distribution in magazines, Internet web sites, or promotional videos. I release RELEASEES, all of those affiliated, and/or any licensee(s)

from any and all claim(s) for damages, for liable, slander, invasion of privacy, violation of public rights, or any other claim(s) based on the

use of the above-described materials.

I HAVE READ THE ABOVE STATEMENTS. No other representations (oral or otherwise) have been made apart from this document

altering its meaning. Unless otherwise indicated, I certify that I am at least eighteen years of age. I am signing this agreement on behalf of

myself and any minor(s) accompanying me, and represent that I have the authority to sign on behalf of said minor(s). I agree to indemnify

RELEASEES for any and all claim(s) brought by or on behalf of said minor(s) if it is determined I signed this waiver on behalf of said

minor(s) without authority.

THIS IS A WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION, AND CONSENT TO VIDEOTAPE AGREEMENT. I UNDERSTAND

THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM SIGNING THIS WAIVER, RELEASE OF LIABILITY, INDEMNIFI-

CATION, AND CONSENT TO VIDEOTAPE AGREEMENT VOLUNTARILY.

Who will be participating?

Adult  Adult and Children  

Your Information

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.