This is a Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement
Hereinafter the undersigned person of this document will referred to as “Participant”. Participant is over the age of eighteen (18) years old.
Participant agrees to this Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement for any purpose for which Participant enters to participate in any event.
The term of this Agreement shall begin on 10:00 A.M. January 1st, 2025 and continue in full force and effect from that date until 11:59 p.m. December 31st, 2025.
Participant (and Guardian) in consideration for being permitted to enter the event to compete, ride trails, officiate, observe, work for or participate in any way in the Event(s) or being permitted for any purpose by RESTRICTED AREA (destined as any area requiring special authorization, credentials, or permission to enter any area to which admission by the general public is restricted or prohibited), EACH OF UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin:
1.- Acknowledges, agrees and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and will leave the RESTRICTED AREAS and / or refuse to participate further in the EVENT (S).
2.- HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, park operators, park employees, officials, vehicle owners, drivers, rescue personnel, any person in any RESTRICTED AREA, promoters, sponsors, advertisers, the owners, lessees and lessors of premises used to conduct the EVENT (S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT (S) and each of them, their directions, officers, agents, and employees, all of the purpose herein referred to as “RELEASES’ FROM ALL LIABILITY TO THE UNDERSIGNED, his representatives, assigns, heirs, and next of kin FOR ANY LOSS DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO ANY PERSON OR PROPERTY OR RESULTING IN DEATH OF ANY PERSON INCLUDING THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT (S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE.
3.- Hereby agrees to indemnify and save and hold harmless the Releases and each of them from any loss, liability, damage, or cost the may incur arising out of or related to the EVENT (S) whether caused by the negligence of the releases or otherwise.
4.- Hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the EVENT (S) to participant or any other person, whether caused by the negligence of releases or otherwise.
5.- Hereby acknowledge that the activities of the EVENT (S) are very dangerous and involve the risk of serious injury and / or property damage. Each of Undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the releases.
6.- Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releases, Including Negligent Rescue Operations and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the EVENT (S) is / are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7.- This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and when permitted by this agreement.
8.- This Agreement shall be construed under and accordance with the laws of the STATE OF FLORIDA.
9.- In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable shall not affect any other provision in this Agreement and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
10.- This Agreement constitutes the sole and only agreement of the Parties and supersedes any prior understanding or written or oral agreement between the Parties respecting the subject matter of this Agreement.
I HAVE AND READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR WARRANT BEING MADE TO ME AND INTEND BY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
ALL REVOCATION OF THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT BY EITHER A PARTICIPANT AND/OR A PARTICIPANT’S GUARDIAN MUST BE MADE IN WRITING AND DELIVERED BY HAND EXPEDITION FLORIDA.
In consideration of the services of Overlanders Xperience / OGE 4X4 LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Overlanders Xperience"), I hereby agree to release, indemnify, and discharge Overlanders Xperience / OGE 4X4 LLC, 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 off-road vehicle, mudding, off-roading, zip-line, rope swing, water slide, fishing, camping, and any other outdoors activities entails known and unanticipated risks that could result 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 jeopardizing the essential qualities of the activity. The risks include, among other things: the possibility of rough terrain, slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles or other watercraft; loss of control of the vehicle; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hipertermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals,insect bites, and hazardous plant life; musculo skeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; consumption of food or drink; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered. Furthermore, Overlanders Xperience / OGE 4X4 LLC employees 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 environmental conditions. They may give incomplete warnings or instructions, and the equipment 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Overlanders Xperience / OGE 4X4 LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use Overlanders Xperience / OGE 4X4 LLC’s equipment or facilities, including any such claims which alleged negligent acts or omissions of Overlanders Xperience / OGE 4X4 LLC.
4. Should Overlanders Xperience / OGE 4X4 LLC or anyone acting on their behalf, be required to incur lawyer'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 injury 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 risk of any medical or physical condition I may have.
6. I hereby give Overlanders Xperience / OGE 4X4 LLC the irrevocable right to use my name, picture, photograph, portraits, visual likeness, or voice in all forms and media in all manners, including photo, film, audio and video representations, for profit or non-profit, public purposes, and I hereby waive any right to inspect or approve the finished product that may be created in connection therewith.
7. In the event that I file a lawsuit against Overlanders Xperience / OGE 4X4 LLC, I agree to do so solely in the State of Florida, and I further agree that the 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 damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Overlanders Xperience / OGE 4X4 LLC on the basis of any claim from which I have released them herein.I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
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