Participant Agreement, Release and Assumption of Risk
In consieration of the services of Spyder Entertainment Inc ( spyder mx)., their agents, owners, officers, volunteers, personnel and all other persons or enities acting in any capacity on their behalf ( hereinafter collectively referred to as " SEI"),I hereby agree to release, indemnify, and discharge SEI, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1) I acknowledge that my participation in motocross tracj activities entails known and unanticpated risks that could results in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essntia qualities of the activity.
The risks included, among other things: slips and falls; accidents involving vehicles or other dirt bikes; collision with fixed or movable objects; the possibility of rough terrain; drivers may be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be sustained from the trail, equiptment, or other objects; the condition of the track;injuries can be sustained from the trail, equiptment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk as are spains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskelatal injuries including head, neck and back injuries;injuries to internal organs;loss of fingers or other appendages;exhaustion, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life;further, passengers can be thrown off their machine which can result in any of the above events occurring; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.
Furthermore, SEI personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other enviromental conditions. They may give incompete warnings or instructions, and the equiptment being used might malfunction.
2) I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secure certified helmet while participation in this activity.
3) I hereby voluntarily release, forever discharge, and agree to idemnify and hold harmless SEI from any and all claims, demaands or cuses of action, which are in any way connected with my participation in this activity or use of SEI's equiptment or facilities, including any such claims which allege negligent acts or omissions of SEI.
4) Should SEI or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5) I certify that I have adequate insurance to cover any injusy or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risks of any medical or physical conditions I may have.
6) In the event that I file a lawsuit against SEI, I agree to do so solely in the state of Florida, and I further agree that substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is is damaged during my participation in this activity, may be found by a court of law to hae waived my right to maintain a lawsuit against SEI on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SEI. I have had sufficient oppurtunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
