The purpose of this RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AND ACTIVITY AGREEMENT (“Agreement”) is to release to the fullest extent allowed by law Wolfhound Ridge, LLC and The Overland Pilgrimage, distributors and each of their respective parents, insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, managers, representatives, assignees, employees, volunteers, agents, sponsors, suppliers, and vendors (“Released Parties”) from ANY AND ALL LIABILITY FOR PROPERTY DAMAGE, INJURY and/or DEATH, including, but not limited to liability from the alleged negligence or premises liability of Released Parties and transfer the risk of loss arising out of the participation in Activities or, use of Facilities or Equipment to Me.
“I”, “Me”, “My” or “You” as used in this Agreement includes all participants signing this Agreement, and all participants on behalf of whom I am signing this Agreement, including without limitation, participant(s) under the age of 18 years old (“Minors”). By executing this Agreement, I declare under penalty of perjury that I am doing so voluntarily on My own behalf, and, if applicable, I understand and agree that if acting on behalf of another person, I am acting as their authorized agent, parent, or legal guardian and My signature expressly confirms permission to sign on the other person’s behalf and this Agreement shall be binding upon that person. If I sign on behalf of another without their express permission or legal authority, I understand and agree that I am committing fraud against Released Parties.
In consideration for My use of the Facilities, Equipment, and/or participation in the Activities, I VOLUNTARILY AGREE:
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The “Activity” or “Activities” include any activities on the Released Parties’ properties, including but not limited to, camping, off-road driving, vehicle repair, guide activity/instruction, special events; driving or overlanding over manmade and natural features; and any use of Released Parties Equipment or Facilities.
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The “Equipment” includes any equipment rented or provided to me by the Released Parties, including but not limited to, vehicle recovery equipment, traction mats, or any other equipment provided the Released Parties to assist or participate in the overland event and activities.
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The “Facilities” include but are not limited to, vehicles for transportation, the Released Parties’ retail, food and beverage, camping area and other facilities, areas, properties, water ways, buildings, accesses, ingress or egress routes, amenities, parking lots, sidewalks, equipment, and wilderness terrain, and any locations upon or within which the Activities occur.
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INHERENT RISK : I understand My participation in the Activities and use of Facilities and/or Equipment involves inherent and non-inherent risks which may result in PROPERTY DAMAGE, INJURY AND/OR DEATH. These risks include, but are not limited to: crashing, breaking down, rolling my vehicle, falling; slick or uneven surfaces, including walking surfaces; surface and subsurface conditions; rain, mud, ice; snow and ice conditions including movement, downed timber; forest growth; trees, stumps and wells; rocks and debris; marked and unmarked obstacles; collisions or impacts with other people or objects; the decision making, conduct and instruction of the Released Parties, including, but not limited to, rescue operations and/or medical care, allowing use or access to an Activity or Equipment; the malfunction, misuse, or failure of Equipment or any product to perform, as intended; and changing and adverse weather, entrapment, entanglement, drowning, and existing and changing water conditions. Despite these risks and any and all other risks, TO THE FULLEST EXTENT ALLOWED BY LAW, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF PROPERTY DAMAGE, INJURY OR DEATH that might be associated with, arise from or be obvious and necessary to My participation in Activities and use of Facilities and/or Equipment.
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RELEASE OF LIABILITY AND COVENANT NOT TO SUE : To the fullest extent allowed by law, I AGREE NEVER TO SUE and, TO RELEASE FROM LIABILITY the Released Parties for any and all damages, injury, or death arising from the Activities, Facilities and/or Equipment, regardless of cause, including allegedly NEGLIGENT INSTRUCTION or any alleged NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE of Released Parties. I UNDERSTAND THIS RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS VALID FOREVER and that it is binding upon signing and will prevent Me or any heirs, agents or representatives from filing suit or making any claim for damages in the event of property damage, injury, and/or death. Additionally, in the event that I, any legal representative, or other person acting on My behalf or for whom I signed this Agreement files a claim or a lawsuit arising out of My use of Facilities, Equipment and/or participation in the Activities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Released Parties for any damages, attorney’s fees or costs arising out of such claim or lawsuit and enforcing this Agreement. With full understanding of this Agreement, I enter it freely and voluntarily.
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PHYSICAL ATTRIBUTES AND ABILITY LEVEL: I understand that when accessing the Activities or Facilities, or using Equipment from the Released Parties, I may be asked to provide information regarding My physical attributes or ability level, ability level, and experience level, and the Released Parties may use that information to determine access to Activities or Facilities, or to select or adjust Equipment. I warrant that any information I provide to the Released Parties regarding My physical attributes or ability level will be accurate and complete, and understand that inaccurate information may result in property damage, injury or death. I agree to RELEASE FROM LIABILITY AND NOT TO SUE, INDEMNIFY and HOLD HARMLESS the Released Parties from any claims and/or damages related to information regarding My physical attributes or ability level.
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MEDICAL RELEASE AND PERMISSION TO TREAT: In the event of a medical emergency to Me or Minors, I hereby give consent to Released Parties to provide any emergency first aid treatment and/or refer treatment to emergency personnel, and other medical
care providers under whatever conditions are deemed necessary at the time to preserve the life, limb or well-being of Me or minor. I agree to pay all costs associated with such treatment and related transportation for Me or Minors, and to INDEMNIFY and HOLD HARMLESS Released Parties for all related costs. I agree to fully release Released Parties from any and all claims associated with My treatment, including claims alleging negligent medical treatment.
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DIGITAL MEDIA AND DATA USE : I acknowledge and agree that Released Parties, and any third party authorized by Released Parties, shall have the irrevocable right to film, videotape, photograph, and record Me or Minors’ likeness and voice in perpetuity, and to use, display, and alter such media, including any media to be used in promotional products, licensed products, and all affiliated relationships, without compensation or restriction.
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ONE AGREEMENT: This Agreement will apply for every day I use the Facilities, any Equipment and/or engage in any Activity until a new or similar Agreement is executed, or I revoke it in writing and that writing is accepted in writing signed by the Released Parties’ authorized representative. This Agreement shall be binding to the fullest extent permitted by law , upon My assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives, and if any portion is determined to be unenforceable by court/tribunal all other parts shall remain in full force and effect.
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VENUE AND ENFORCEABILITY : This Agreement applies to My or Minor’s participation in the Activity and use of the Facilities/Equipment, including any activity/facility/equipment not specifically identified in this Agreement. If any portion of this
document is deemed unenforceable, all other portions shall be given full force and effect. ALL CLAIMS arising from the Activities and/or use of the Facilities/Equipment, including PROPERTY DAMAGE, INJURY and/or DEATH, shall be governed by the law of
the state of Vermont and the exclusive jurisdiction shall be only in a court of jurisdiction in the state of Vermont. The release of liability contained within this Agreement does not include claims based on gross negligence, intentional misconduct, or other claims beyond ordinary negligence. I agree to abide by all applicable laws and codes while participating in the Activity.
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MINOR PARTICIPANTS: Minors are required to have a legal guardian or authorized adult read and sign, verifying that the legal guardian/authorized adult has read and understands.
