Waiver of Liability ReleaseExpress Assumption of Risk and Indemnity Agreement
I understand and acknowledge that there are risks of personal injury, death, and property damage while participating in the activities that are the subject of this rental agreement. The risks are inherent in All Vehicle(ATV) activities; still other risks may arise from conditions, situations or activities of which I am presently unaware. My participation is voluntary and based my independent on assessment of the risks, without reliance on representations or advice by employees or representatives of ATV LLC, or any other person.
In consideration of being granted this rental agreement and the use of ATV equipment, I HEREBY RELEASE, WAIVE, AND RELINQUISH ALL CLAIMS AND LEGAL ACTIONS FOR PERSOINAL INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE AGAINST ARNIE'S ATV AND AGAINST THE STATE , ITS DEPARTMENT OF PARKS AND RECREATION (STATE) ARISING AS A RESULT OF MY PARTICIPATION IN THE ATV ACTIVITIES OR ANY ACTIVITIES INCIDENTAL THERE TO INCLUDNIG RESCUE ACTIVITIES; THIS RELEASE APPLIES EVEN IF ATV LLC, AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT. I ALSO AGREE TO PROTECT, HOLD HARMES,SDEFEND AND INDEMNIFY ATV LLC, AND STATE FROM ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM MY CONDUCT;THESE INDEMNITIES APPLY EVEN IF ATV LLC AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT.
I understand the effect of my signing this document is that I (1) acknowledge and assume all risk of injury, death, or property damage I might suffer while participating in the ATV activities, even if it occurs as a result of the negligence of ATV LLC and/or State of defects in equipment, (2) absolute and release ATV LLC and State from the consequences of their negligence, including without limit, rescue efforts, and defects of equipment, and (3) will protect, hold harmless, indemnify and defend ATV LLC and State against any legal actions or other claims for damages arising from my actions.
I UNDERSTAND THAT I AM FORFEITING IMPORTANT LEGAL RIGHTS AND INCURRING IMPORTANT LEGAL RESPONSIBILITIES.
I understand that certain minimum skills, capabilities, physical and mental health, and fitness are required in order to participate in dangerous activities such as ATV activities; I warrant that I possess these. I understand and agree that should emergency rescue evacuation become necessary, these expenses are my sole responsibility and not those of ATV LLC and/or State or any other public or private entity.I warrant that I am executing this agreement voluntarily and that neither ATV LLC nor the State has made any representations to induce or coerce me to sign this document. I agree that the terms of this document bind me, my heirs, assign, executor, and administrators, and expressly and specifically protect ATV Rentals and State including, as applicable, their heirs, employees, officers, directors, and shareholders.
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