CONTRACT & LIABILITY WAIVER & INDEMNIFICATION AGREEMENT
I am aware that during the ATV tour/trip in which I am participating under the arrangement of New River ATV, LLC their agents, employees, associates, and equipment manufacturers, certain substantial risks and dangers may occur, including, but not limited to:
• hazards of walking on railroad tracks (trains can be hard to hear in river gorges),
• attacks from wild or domesticated animals,
• hazards of jumping, diving or being thrown into unfamiliar water with submerged hazards, undercut rocks, and manmade hazards,
• hazards of being pinned under and/or against trees, rocks, rafts or other objects,
• contact with helmets, other guests or guides, food boxes or other containers,
• diseases from contaminated water,
• allergies from cleaning reagent,
• hazards of hiking or ATV riding in rough terrain,
• disease,
• strains or sprains,
• fractures or punctures,
• partial and/or total paralysis,
• loss or damage to personal property,
• snake bites, insect bites and bee stings, (the above listed companies rarely carry medications),
• illnesses, or injury in remote places without medical facilities,
• failure of or lack of communication equipment,
• failure or lack of safety equipment,
• injuries occurring in rescue operations (ropes may cause entanglements, rocks may be slippery),
• entrapment in caves,
• falls from man-made and natural cliffs,
• hazards of loading or unloading people or materials from vehicles,
• hazards from the force of nature,
• falling limbs or trees,
• problems or hazards related to travel by automobile, bus, ATV, or other conveyance (vehicle accidents)
• problems or hazards related to consumption of alcoholic beverages by anyone,
• being struck by falling people,
• death,
• accidents,
• drownings,
• entrapments,
• slippery mud,
• eye injuries including blindness,
• equipment malfunction,
• frostbite or other cold related injuries,
• heat stroke, sunburn,
• briers and thorns,
• lightning,
• explosions (gas grills),
• fresh water amoeba infection,
• criminal acts,
• falls from elevated ropes, platforms or other structures or features,
• falls from ATVs,
• hazards of mounting or dismounting the ATV
and that these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of the above listed companies, negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes including that a guide may misjudge terrain, weather, trail or route location and may be unaware of your fitness or abilities. Staff may give incomplete warnings or instructions. Decisions by guides or company staff are part of the inherent risk of off-road activities. In consideration of and as part payment for the right to participate in such ATV activities and the services, food and alcoholic beverages, if any, arranged for me by the above listed companies, its agents, employees and associates, I have and do hereby assume all of the above risks, and release, and will hold harmless, the above listed companies, their agents, employees, associates and associated companies, or any other person from any and all liability, actions, causes of action, debts, claims and demands of every kind and nature whatsoever which I now have or which may arise out of or in connection with my trip or participation in any of the ATV tour or related activity.
I further give permission for use or sale of any photograph or video showing me without further compensation to me. The terms hereof shall serve as a release, contract, indemnification (allowing collection of legal fees from plaintiffs), indemnification by parents or guardians (reimbursement of awards and legal fees in a winning suit brought by the minor or other parent), and assumption of risks for my heirs, executors and administrators and for all members of my family, including, minor’s parents, any minors accompanying me.
I certify that I will not hold the above listed companies, their agents, employees or associated companies responsible for actions of independent or quasi-independent providers of activities which have been arranged for me by or recommended to me by the afore listed entities. I am participating for enjoyment or thrills and understand that the activities require physical exertion and involve a challenge containing a potential risk of injury or death.
I certify that I will not hold any of the above listed companies, their agents, employees or associated companies responsible for any harm occurring wholly or partially as a result of any existing health problems including, but not limited to:
• reactions to bee stings or the constriction of airways due to cold weather or asthma,
• broken bones due to osteoporosis,
• hemophilia,
• heart disease,
• high blood pressure,
• pregnancy,
• loss of stamina or coherency due to diabetes.
If medical evacuation, including ambulance, Hi-railer, helicopter, due to new or existing medical conditions is arranged by the above listed companies, I agree to reimburse the above listed companies for any charges.
I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of the above listed companies.
This is a public area in which only minimal security may be provided; the same precautions against crime should be exercised here as anywhere else.
The venue of any dispute that may arise out of this agreement or otherwise between the parties to which the above listed companies or their agents is a party shall be the Fayette County Court in Fayetteville, WV. If any portion of this contract and release is found to be invalid, the remainder shall remain in full force.
I HAVE READ THE ABOVE WAIVER AND RELEASE/CONTRACT AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE THE ABOVE LISTED COMPANIES & EMPLOYEES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I RECOGNIZE THAT I AM FREE NOT TO PARTICIPATE IN ANY ACTIVITIES.
Duties on Participants of ATV activities:
(a) Participants have a duty to act as would a reasonably prudent person when engaging in recreational activities offered by commercial ATV guides in this state.
(b) No participant may:
- Board upon or embark upon any commercial ATV expedition when intoxicated or under the influence of non-intoxicating beer, intoxicating beverages or controlled substances; or
- fail to advise the trip leader or the trip guide of any known health problems or medical disability and any prescribed medication that may be used in the treatment of such health problems during the course of the commercial ATV expedition.
- Engage in harmful conduct or willfully or negligently engage in any type of conduct which contributes to or causes injury to any person or personal property; or
- perform any act which interferes with the safe running and operation of the expedition, including failure to use safety equipment provided by the commercial ATV outfitter or failure to follow the instructions of the trip leader or trip guide in regard to the safety measures and conduct requested of the participants; or
- fail to inform or notify the trip guide or trip leader of any incident or accident involving personal injury or illness experienced during the course of any commercial ATV expedition. If such injury or illness occurs, the participant shall leave personal identification, including name and address, with the commercial ATV outfitters’ agent or employee.
• I agree to personally inspect my helmet for any defects before leaving the base camp.
Damages
I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV, other vehicle or equipment covered by this agreement. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE, AS WELL AS ANY COURT COSTS, ATTORNEY FEES OR OTHER EXPENSES RELATED TO THE COLLECTION OF SUCH PAYMENT. I also agree to pay for the loss of use of any ATV, other vehicle or equipment covered by this agreement damaged by myself or other riders, at the rate of $50 per day from the date of damage until repaired and placed back in rental service, not to exceed 14 days. Further, I hereby authorize New River ATV, LLC to bill me or to otherwise charge my credit card account that was provided as part of this transaction, for any and all loss or damage, as well as any cost of collection and/or loss of use charges as set forth under the terms of this agreement.
• The above listed companies do not carry medical insurance.
• I have read and agree to all the terms in this contract.
CONTRACT & LIABILITY WAIVER & INDEMNIFICATION AGREEMENT
I am aware that during the ATV tour/trip in which I am participating under the arrangement of New River ATV, LLC their agents, employees, associates, and equipment manufacturers, certain substantial risks and dangers may occur, including, but not limited to:
• hazards of walking on railroad tracks (trains can be hard to hear in river gorges),
• attacks from wild or domesticated animals,
• hazards of jumping, diving or being thrown into unfamiliar water with submerged hazards, undercut rocks, and manmade hazards,
• hazards of being pinned under and/or against trees, rocks, rafts or other objects,
• contact with helmets, other guests or guides, food boxes or other containers,
• diseases from contaminated water,
• allergies from cleaning reagent,
• hazards of hiking or ATV riding in rough terrain,
• disease,
• strains or sprains,
• fractures or punctures,
• partial and/or total paralysis,
• loss or damage to personal property,
• snake bites, insect bites and bee stings, (the above listed companies rarely carry medications),
• illnesses, or injury in remote places without medical facilities,
• failure of or lack of communication equipment,
• failure or lack of safety equipment,
• injuries occurring in rescue operations (ropes may cause entanglements, rocks may be slippery),
• entrapment in caves,
• falls from man-made and natural cliffs,
• hazards of loading or unloading people or materials from vehicles,
• hazards from the force of nature,
• falling limbs or trees,
• problems or hazards related to travel by automobile, bus, ATV, or other conveyance (vehicle accidents)
• problems or hazards related to consumption of alcoholic beverages by anyone,
• being struck by falling people,
• death,
• accidents,
• drownings,
• entrapments,
• slippery mud,
• eye injuries including blindness,
• equipment malfunction,
• frostbite or other cold related injuries,
• heat stroke, sunburn,
• briers and thorns,
• lightning,
• explosions (gas grills),
• fresh water amoeba infection,
• criminal acts,
• falls from elevated ropes, platforms or other structures or features,
• falls from ATVs,
• hazards of mounting or dismounting the ATV
and that these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of the above listed companies, negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes including that a guide may misjudge terrain, weather, trail or route location and may be unaware of your fitness or abilities. Staff may give incomplete warnings or instructions. Decisions by guides or company staff are part of the inherent risk of off-road activities. In consideration of and as part payment for the right to participate in such ATV activities and the services, food and alcoholic beverages, if any, arranged for me by the above listed companies, its agents, employees and associates, I have and do hereby assume all of the above risks, and release, and will hold harmless, the above listed companies, their agents, employees, associates and associated companies, or any other person from any and all liability, actions, causes of action, debts, claims and demands of every kind and nature whatsoever which I now have or which may arise out of or in connection with my trip or participation in any of the ATV tour or related activity.
I further give permission for use or sale of any photograph or video showing me without further compensation to me. The terms hereof shall serve as a release, contract, indemnification (allowing collection of legal fees from plaintiffs), indemnification by parents or guardians (reimbursement of awards and legal fees in a winning suit brought by the minor or other parent), and assumption of risks for my heirs, executors and administrators and for all members of my family, including, minor’s parents, any minors accompanying me.
I certify that I will not hold the above listed companies, their agents, employees or associated companies responsible for actions of independent or quasi-independent providers of activities which have been arranged for me by or recommended to me by the afore listed entities. I am participating for enjoyment or thrills and understand that the activities require physical exertion and involve a challenge containing a potential risk of injury or death.
I certify that I will not hold any of the above listed companies, their agents, employees or associated companies responsible for any harm occurring wholly or partially as a result of any existing health problems including, but not limited to:
• reactions to bee stings or the constriction of airways due to cold weather or asthma,
• broken bones due to osteoporosis,
• hemophilia,
• heart disease,
• high blood pressure,
• pregnancy,
• loss of stamina or coherency due to diabetes.
If medical evacuation, including ambulance, Hi-railer, helicopter, due to new or existing medical conditions is arranged by the above listed companies, I agree to reimburse the above listed companies for any charges.
I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of the above listed companies.
This is a public area in which only minimal security may be provided; the same precautions against crime should be exercised here as anywhere else.
The venue of any dispute that may arise out of this agreement or otherwise between the parties to which the above listed companies or their agents is a party shall be the Fayette County Court in Fayetteville, WV. If any portion of this contract and release is found to be invalid, the remainder shall remain in full force.
I HAVE READ THE ABOVE WAIVER AND RELEASE/CONTRACT AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE THE ABOVE LISTED COMPANIES & EMPLOYEES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I RECOGNIZE THAT I AM FREE NOT TO PARTICIPATE IN ANY ACTIVITIES.
Duties on Participants of ATV activities:
(a) Participants have a duty to act as would a reasonably prudent person when engaging in recreational activities offered by commercial ATV guides in this state.
(b) No participant may:
- Board upon or embark upon any commercial ATV expedition when intoxicated or under the influence of non-intoxicating beer, intoxicating beverages or controlled substances; or
- fail to advise the trip leader or the trip guide of any known health problems or medical disability and any prescribed medication that may be used in the treatment of such health problems during the course of the commercial ATV expedition.
- Engage in harmful conduct or willfully or negligently engage in any type of conduct which contributes to or causes injury to any person or personal property; or
- perform any act which interferes with the safe running and operation of the expedition, including failure to use safety equipment provided by the commercial ATV outfitter or failure to follow the instructions of the trip leader or trip guide in regard to the safety measures and conduct requested of the participants; or
- fail to inform or notify the trip guide or trip leader of any incident or accident involving personal injury or illness experienced during the course of any commercial ATV expedition. If such injury or illness occurs, the participant shall leave personal identification, including name and address, with the commercial ATV outfitters’ agent or employee.
• I agree to personally inspect my helmet for any defects before leaving the base camp.
Damages
I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV, other vehicle or equipment covered by this agreement. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE, AS WELL AS ANY COURT COSTS, ATTORNEY FEES OR OTHER EXPENSES RELATED TO THE COLLECTION OF SUCH PAYMENT. I also agree to pay for the loss of use of any ATV, other vehicle or equipment covered by this agreement damaged by myself or other riders, at the rate of $50 per day from the date of damage until repaired and placed back in rental service, not to exceed 14 days. Further, I hereby authorize New River ATV, LLC to bill me or to otherwise charge my credit card account that was provided as part of this transaction, for any and all loss or damage, as well as any cost of collection and/or loss of use charges as set forth under the terms of this agreement.
• The above listed companies do not carry medical insurance.
• I have read and agree to all the terms in this contract.
