Waiver - Top Trails Online

WAIVER AND RELEASE OF LIABILITY. ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT
Public Park Autlrority
*T;ra;;ilf
Lincoln & Talladega
WARN]NG: READ CAREFI.JLLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS
A}tD RELEASE OF LIABILITY, ASSUMPT]ON OF RISK, AND INDEMNITY AGREEMENT AND
DEPRIVES YOU OF THE RIGHT TO SUE TOP TRAILS PUBLIC PARK AND OTHER PARTIES.
DO NOT SIGN THIS AGREEMENT UNLESS YOU HA'\Tf, READ IT IN ITS ENTIRETY. SEEK THE
AD\TICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS CONSEQUENCE.
IN CONSIDERAION of .the Public Park Authority of tbe Cities of Lincoh & Talladega wbo owns TOP Trails
hereinafter referred to as "ParlC', allowing me to participate in any activity which includes without
lirnitation, riding all-terrain vehicles, motorcycles or other forrns of motorized and non-motorized
equipment, camping, hiking, fishing, picnicking, nature study, sigfutseeing, equine, or spectator activity, I,
for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal
and personal representative, executors, administrators, sBccessors, and assigns, do hereby agree to and
make the following contachral relrresentations pursuant to this Waiver and Release of Liability,
Assumption of Risk and Ind€fimity Agreemeng hereinafter referred to as "Agreement";
I hereby reprcsent that (i) I am in good health and in proper physical condition to
l.
participate in the activities in rvhich the Park provides; and (ii) I am not under the influence of alcohol or
any illicit or prescription drugs which would in any way impair my ability to safely participate in
activities; (iii) I have not been advised against activities by a health professional- I agree that it is my sole
responsibility to determine whether I am sufficiently fit and healthy enough to participate in activities-
2-
I
understand and acknowledge the physical and mental rigors associated with the
activities in which the Park provides and realize that such activities are inherently dangerous and
represent an extreme test of a person's physical and mental iimits. I understand that participation involves
risks and dangers vrhich include, without limitation the potential for serious bodily injury, sickness and
disease, permanent disabiliry paralysis and loss of life; loss of or damage to equipmort/property;
exposure to extreme conditions and circumstances; accidents, contact or collision with other participants,
spectators, vehicles or other natmal or manmade objects; dangers arising from adverse weather
conditions; imperfect ground conditions; water, road and surface hazards; equipment failure, inadequate
safety measures; participants of varying skill levels; sihration beyond the immediate control of the Park;
and other undefined risks and dangers which may not be readily foreseeable or are presently,unknown- I
understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions
or inactions of other participating in activities, or the acts, inaction or negligence of the Released Parties
defined below, and I hereby expressly assume all such Risks and responsibility for any damage, liabilities,
losses or expenses which I incur as a result of my pa:ticipation in activities.
I agree to be familiar with and to abide by the Rules, Regulations, and laws established
3.
for the activities, which include without limitation the rules of operation and waming guidelines of
equipment used in said activities, park rules and wamings, and local, state, and federal laws. I also accq11
sole responsibility for my own conduct and actions while participating in the activities, and the condition
and adequacy of my equipment.
4.
I hereby grant full permission to the Park and/or any and all agents authorized by thern to
use any photographs, videotapes, motion pictures, recording and any other record of activity or events for
any legitimate purpose.
5.
hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify,
Defend and Hold Harmless the following parties: lPublic Park Authority of tbe Cities of Lincoln & Talladega & rheir
hnsurers, Promoters, Race Directors, Sponsors, Advertisers, Law Enforcement Agencies and other Public
Entities providing support for ttre activities, and each of their respective parent, subsidiary and affiliated
t
agents, employees, repreSentatives' and
companies, Officers, directOrs, partners, sharehOlders, members,
"Released Parties"), with respect to any liability, claim(s),
volunteem (Individualiv *J coil*,iveiy, the
costs and attomeys fees) of any
(including
demand(s), cause(s) of action, damage(sj,loss or expense
"ourt
participation in the activities, including
tina or r.*" (..LiaUUry,1which r*y;r" out of, or relate to my
negligence of the Release Parties- I further agree that
claims for Liability causedin whole oi in purt by the
against any of the
if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability
of the Released Parties from any such
nlr"u."a parties, I *iu i"d"m"ify, defend and hold harrrless each
claim'
of
such
result
a
as
Liability vrhich any may be incurred
its terms and
hereby warrant that I have read this Agreement carefully, understand
(including
the rights
it
signing
by
rights
legal
up
substantial
giving
be
conditions, aclcrowledgl that I will
personal
and
any
legal
and
kin,
of
and
next
heirs
guardians,
parents,
of the minor, -y ,po.i", children,
have
signed
this
that
I
acknowledge
assigns),
and
sucsessors
representatives, exicutors, administrators,
for
and
intend
my
or
assrrance
inducanent,
aoy
Erarantge,
ei".**, freety and voiuntarily, without
conditions
terms,
the
of
acceptance
unconditional
and
complete
signature to serve as confirmation of my
the corrpletelnderstanding between the
urft-pio"i*iors of this Agreement- Ttrii egreement represents
or inducements have been made
staternents
prrti'o ,"g*di"g these iiues and no oral-representations,
Parties for the engagement in
Released
'upur,
the
by
on
aori this-Agreanent. My sipature is relied
void, or for any reason
un1awfirl,
to
be
is
held
aitivities at the park- If any provision of this Agreement
and shall not affect the
this
Agreerrent
from
severable
unenforceabte, then tfrat pro"itio" shatl be deemid
to be as broad as
intended
is
Agreement
This
provisions'
of any remaining
6.
I
validity and enforce"uiliry
Alabama laws allow-
of Rislq and Inderrniqy
This Waiver of Legal Rights and Release of Liability, Assumption
in
natureis continuing
Agreement is in effect from the date of signing and
Name of ParticiPant (Print):
(Signature):
Name of Participant
Age:
Date of
Birth--.,/-/-
Date:
Contact Information
than 19 years of age) As the Parent and/or Legal
Parental consent (required if the participant is Iess
and agree to all of thp terms and eonditions of this
Guardian to the minor identified above,I hireby accept
the minor's participation in the Activities' It'
egr;"* on behalf of the minor in connection withbehalf,
makes a claim for Liability against any of the
despite this eg.ernenl I, o, *yor" ol q" minor's
harmless each of the Released Parties Aom any such
Released parties, I witl'indemnify, defend and hold
claim' I further certify, covenant and warrant
Liabilities which urry *uy be incurred as the result of such
ttie Parent and/oi Legal
inaitr* ,ig.ranrie bcto* as parent and/or r-efaT Guardian certifieS- that I arn
into this Agreernsrt for
go*6i* Jf the minor and/cr have the legal authority to act on behalf and enter
that I am signing this Agreemort individually
the minor and bind the minor to ;ts termi. I acknowledge
Guardian and the minor both agree to the terms
and on behalf of the minor and the Parent and/or Legal
hereof.
Name of Parentll-egal Guardian (Print):
Age:-Date
of
Birth
-J-)
Sign ature of Parent/I-egal Gu ardian :
Contact Information
:
Date: