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RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

The undersigned, each hereinafter referred to as “Releasor”, hereby acknowledge that he and/or she has voluntarily requested to participate, as either a driver, mechanic, owner, attendant, participant, spectator, bystander, child, spouse, relative or in any other capacity, in any off road driving, as either a driver, passenger or spectator, within the boundaries of premises owned, leased to or under the control or supervision of Rockport Off-Road Park, LLC, Thomas and Debra Wombles and Hannibal Rocks Off-Road Park. Releasor understands and recognizes that there are above normal risks and inherent hazards associated with off road driving. Despite careful and proper preparation, equipment inspection, instruction, medical advice and mental and physical conditioning; whenever off road driving there is still a substantial risk of property damage and the possibility of serious injury including death, head/brain injury, cervical spine injury (including quadriplegia), paralysis and mental trauma. Releasor further acknowledges that not all hazards and dangers can be foreseen, which by example include but is not limited to such things as unfamiliarity with the land, adverse terrain and weather conditions, surface hazards, brush, thorns, trees, manmade and non manmade objects, rock slides, submersion in water, hitting visible or hidden fixed objects, excessive speed, riding too fast for conditions, failure to wear protective gear, mechanical malfunction, equipment failure, losing control of vehicle, vehicle collision, vehicle roll over and inexperienced drivers.

Now Therefore in consideration of the permission granted to the Releasor to drive off-road, dirt ride and trail ride, Releasor hereby waives any and all claims against and releases Rockport Off-Road Park, LLC, Thomas and Debra Wombles and Hannibal Rocks Off-Road Park and their agents, servants, employees, and licensees, hereinafter individually and collectively referred to as “Releasee”, of and from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or personal injury that may be sustained by Releasor, or to any property of Releasor while en route to or from these premises , while within the boundaries of these premises or any other premises owned, leased to or under the control or supervision of Releasee, which includes any and all negligent acts by Releasee by an act or omission , including but not limited to any loss, damage or injury caused as a result of or by the negligence of Releasee.

Releasor acknowledges and agrees that all of the terms, conditions and provisions therein are contractually binding and not mere recitals and should Releasor, or a representative of Releasor’s estate or heirs assert any claim contrary to the provisions hereof, the asserting party will pay all expenses and costs including all legal fees incurred by the Releasee in defending against the claim, unless conduct is adjudged by a court to be willful and wanton.

This release shall be binding upon the succesors, heirs, next of kin, executors, administrators, personal representatives, power of attorneys, health care representatives, and guardians of each of the undersigned and in addition, if Releasor is a minor, this release shall be binding upon the minor’s parents, guardian, or next of kin.

CAUTION: READ BEFORE SIGNING. THIS RELEASE WAIVES VALUABLE LEGAL RIGHTS WHICH YOU MAY HAVE. READ IT THOROUGHLY BEFORE SIGNING IT. BY SIGNING IT, YOU ACKNOWELEDGE YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING THE WAIVER OF LEGAL RIGHTS YOU MAY HAVE.

I have read this release, waiver of liability, assumption of risk and indemnity agreement, fully understand its terms and conditions, understand that I have given up substantial legal rights by signing it, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete, absolute and unconditional release of all liability to the greatest extent allowed by law.

In Witness Whereof, each of the undersigned has hereunto set his/her hand and seal

this _____day of ___________________20______.

Signature_____________________________
Age ______
Printed Name ____________________________

If minor see below:
If under 18, Parent or Legal Guardian must fill out below:

Parent Signature: _________________________
Age______
Printed Name__________________________

Youth name: _____________________________
Age ______
Printed Name _________________________