Please READ Carefully
Minor Activity Waiver & Release and Indemnity Agreement
THIS ACTIVITY WAIVER & RELEASE (this "Agreement") dated
OF THE FIRST PART
Pax Trax Motocross Resort of 2535 North St, Bunnell FL 32110
(the "Activity Provider")
OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.
Details of Activity
The Participant will participate in the following activity: DIRT BIKE RIDING , MOTOCROSS, RACING, TRAINING
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
This Agreement will be governed by and construed in accordance with the laws of the State of Florida.
In addition I/WE HEREBY RELEASE ,WAIVE , COVENANT NOT TO SUE AND DISCHARGE , the promoter , participants racing association sanctioning organization or any subdivision thereof , track promoter , track owner , officials , vehicle owners, drivers, pit crews any person in a restricted/riding area , promoters, sponsors , advertisers, owners, lessees of premises used to conduct the event and each of item, their officers and employees , all for the purpose therein referred to as “Releasees” from all liability to the undersigned, my/our personal representatives , assigns, heirs and next of kin for an and all loss or damage and claim or any demand on account of any injury to the participant included, but not limited to, death whether caused by negligence of the “Releasees”, or otherwise while the minor is in or upon the restricted area and/or competing, officiating in, observing, working for or for any purpose participating in the event.
I/We will inform and instruct the said minor participant that upon entering any restricted/riding area the minor must continuously thereafter inspect such restricted/riding area and all portions thereof which the minor enters and with which he comes in contact and I/We further warrant that the minor’s entry upon such restricted/riding area or areas and his/her participation, if any , in the event constitutes and acknowledgment the he/she (minor), has inspected such a restricted /riding area an that he/she finds and accepts the same as being safe and reasonably suited for the purposes of his/her use , and he/she further agree and warrants that if at any time , he/she is in or about restricted/riding area and if he/she feels anything is unsafe , he/she will immediately advise the officials of such and leave the restricted/riding areas.
The undersigned expressly acknowledges and agree that the activities of the event are very dangerous and involve the risk of serious injury and/or property damage . AND
HAVING MEDICAL INSURANCE FOR MINOR(S) IS THE RESPONSIBILITY OF THE PARENTS OR LEGAL GUARDIANS !
Each of the undersigned parents or legal guardians for the minor participant agrees to indemnify and save and hold harmless the “Releasees” and each of them from any loss, liability , damage , or cost they may incur due to the presence of said minor in or upon the restricted/riding area or in any way competing , officiating , observing, or working for any purpose participating in the event and caused by the negligence of the “Releasees” or otherwise.
THIS IS A LONG TERM AGREEMENT SO IN THE EVENT THAT THE ABOVE MINOR(S) COME AND USE PAX TRAX MX RESORT WITH OR WITHOUT THE PRESENTS OF EITHER ONE OR BOTH PARENTS OR LEGAL GUARDIANS , IT IS AGREED THAT THE ABOVE RELEASE STILL STANDS. IF EITHER ONE OR BOTH PARENTS OR LEGAL GUARDIANS , NO LONGER WISH FOR THEIR MINOR RIDER TO RIDE AT PAX TRAX MX RESORT THE MUST DO SO WITH A WRITEN, SIGNED NOTRIXED OR WINTNESSED LETTER.
THIS UNDERSIGNED PARENTS OR LEGAL GUARDIANS HAVE READ AND VOLUNTARILS SIGN THE MINOR RELEASE AND WAIVER OF LIABILTY AND INDEMNITY AGREEMENT AND FURTHERS AGREE THAT NO ORAL REPRSNENTATIONS STATEMENTS OR IDUCEMENTS APRT FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.