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365 Days of Access to Scipio Recreational Trails

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Release and Waiver of Liability

ADULT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to participate in any way in the use of the SCIPIO RECREATIONAL TRAIL AREA ( hereinafter referred to as “TRAIL AREA”) THE UNDERSIGNED, for himself/ herself, his/ her personal representatives, heirs, and next of kin:

 

1. Acknowledges, agrees, and represents that he / she has or will immediately upon entering the TRAIL AREA, and will continuously thereafter, inspect the TRAIL AREA and he/ she further agrees and warrants that, at any time, he I she is in or about the TRAIL AREA and he / she feels anything to be unsafe, he / she will immediately advise the facility operators of such and will leave the TRAIL AREA and/ or cease to participate further in the use of the TRAIL AREA.

2. HEREBY COVENANTS NOT TO SUE, AND RELEASES, WAIVES, AND DI CHARGES the owners of the TRAIL AREA, facility operators, officials, rescue personnel, participants, riders, vehicle owners, promoters, sponsors, advertisers, racing associations, sanctioning organizations, premises inspectors, surveyors, underwriters / brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss conti·ol activities, regarding the TRAIL AREA and for each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “RELEASEES” from ALL LIABILITY, ON ANY LEGAL THEORY, TO THE UNDERSIGNED, his/ her personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE USE OF THE TRAIL AREA, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. HEREBY AGREES TO INDEMIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST he/ she may incur arising out of, or related IN ANY MANNER, TO HIS/ HER ATTENDANCE AT, OR PARTICIPATION IN THE USE OF THE TRAIL AREA.

4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of, or related to, the use of the TRAIL AREA, whether caused by the NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. HEREBY acknowledges that THE ACTIVITIES AS SOCIA TED WITH THE USE OF THE TRAIL AREA ARE VERY DANGEROUS and involve the risk of serious injury and/ or property damage. THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. HEREBY agrees that this Release and Waiver of Liability and Indemnity Agreement extends to all acts of negligence by the RELEASEES, and is intended to be as broad and inclusive as is permitted by the laws of the State of Oklahoma, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

MINOR RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION for allowing the below MINOR to participate in any way in the use of the SCIPIO RECREATIONAL TRAIL AREA ( hereinafter referred to as “TRAIL AREA”) EACH OF THE UNDERSIGNED, for himself/ herself, his/ her personal representatives, heirs, and next of kin agrees that:

1. THE MINOR AND PARENT OR GUARDIAN will immediately upon entering the TRAIL AREA, inspect the TRAIL AREA and warrants that their entry therein and the MINORS participation in the use of the TRAIL AREA constitutes an acknowledgement that they have inspected the TRAIL AREA and find it safe and reasonably suited for the purpose of its use. The undersigned agree that if at any time in the TRAIL AREA they believe anything to be unsafe, they will immediately advise the facility operators of such and will leave the TRAIL AREA and / or cease to participate further in the use of the TRAIL AREA.

2. THE MINOR AND PARENT OR GUARDIAN COVENANT NOT TO SUE, AND RELEASE, WAIVE, AND DI CHARGE the owners of the TRAIL AREA, facility operators, officials, rescue personnel, participants, riders, vehicle owners, promoters, sponsors, advertisers, racing associations, sanctioning organizations, premises inspectors, surveyors, underwriters / brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities, regarding the TRAIL AREA and for each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “RELEASEES” from ALL LIABILITY, ON ANY LEGAL THEORY, TO THE MINOR AND/ OR PARENT OR GUARDIAN, their personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES, ON ACCOUNT OF INJURY TO THE MINOR AND/ OR PARENT OR GUARDIAN INCLUDING, BUT NOT LIMITED TO, DEATH OF THE MINOR AND/ OR PARENT OR GUARDIAN ARISING OUT OF OR RELATED TO THE USE OF THE TRAIL AREA, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. THE PARENT AND I OR GUARDIAN WILL INDEMIFY, AND SA VE AND HOLD HARMLESS, the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of, or related IN ANY MANNER, TO THEIR ATTENDANCE AT, OR PARTICIPATION IN THE USE OF THE TRAIL AREA, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

4. THE MINOR AND PARENT OR GUARDIAN WILL ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of, or related to, the use of the TRAIL AREA, whether caused by the NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. THE MINOR AND PARENT OR GUARDIAN recognize and understand that THE ACTIVITIES ASSOCIATED WITH THE USE OF THE TRAIL AREA ARE VERY DANGEROUS and involve the risk of serious injury and/ or property damage. THE MINOR AND PARENT OR GUARDIAN also expressly acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. This Release and Waiver of Liability and Indemnity Agreement extends to all acts of negligence by the RELEASEES, and is intended to be as broad and inclusive as is permitted by the laws of the State of Oklahoma, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.