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Please read the following liability waiver and consider it carefully before signing. In this waiver the Ogden Cycle Association (the “the Association”) is requiring you to waive certain legal rights you may otherwise have, including the right to hold the Association or its officers and members liable for injuries you might suffer, including serious injuries or death. If you are not comfortable waiving these rights, please do not sign the waiver.
By initialing each paragraph and signing the waiver below you agree that you have read the paragraph, that you understand it, and that you voluntarily agree to be bound by the content of that paragraph.
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The Ogden Cycle Association the Hotsprings Raceway (the “Track”), a motocross track. Participating in the sport of motocross (the “Activity”) involves significant risk of injury and possibly of death. The risk of injury can be reduced through rider skill and training, as well as through proper use of personal protective equipment, including helmets. However, no amount of rider skill or safety equipment can eliminate the risk of serious injury or death. You recognize these are risks inherent in the sport of motocross and that by participating in the Activity at the Track you are voluntarily taking on these risks, including the risk of serious injury or death.
One factor that can contribute to rider risk is the condition of the Track. Because the Association allows members to enter the track with their own personal keys at all times, you understand that the Track may not have been maintained recently at the time you use the Track. The condition of the Track can increase the risk of injury or death. There may be times when the Track condition makes participation in motocross unsafe for all riders, especially riders who are less skilled at the sport of Motocross. By signing this waiver, you agree that you have personal responsibility to evaluate the condition of the Track and make a personal determination whether the Track is safe for use by You prior to participating in the sport of Motocross at the Track.
The Association requires all members and guests to waive certain legal rights to participate in Motocross at the Track. These rights are described in greater detail below, and include waivers of your right to sue the Association, its agents, officers or members.
BY SIGNING ON BEHALF OF A MINOR/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR/INFANT PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor/infant Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old.
I UNDERSTAND THAT THIS AGREEMENT WILL APPLY EACH AND EVERY Time I participate in the Activity, and that this agreement can and should be construed to cover all future instances in which I participate in the Activity at the Track.
I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
I agree that the terms of this contract shall be governed by the laws of the state of Utah. I further agree that any action arising under this Contract, including any claim arising any way from my presence at the Track against any party shall be brought in the Second Judicial District Court for the State of Utah.
I HAVE READ, UNDERSTAND AND AGREE WITH THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT
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