RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT I UNDERSTAND AND AGREE:
Please read the following liability waiver and consider it carefully before signing.
In this waiver the Ogden Cycle Association (the “the Association”) requires 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. Please do not sign the waiver if you are uncomfortable waiving these rights.
By 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.
The Ogden Cycle Association the Hotsprings Raceway (the “Track”), a motocross track. Participating in the sport of motocross (the “Activity”) involves a significant risk of injury and the possibility of death. The risk of injury can be reduced through rider skill and training and 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 personal keys at all times, you understand that the Track may not have been maintained recently at the time you use it. 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 a 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.
- I understand that the ACTIVITY of motocross, riding motorcycles, activities related to motocross and riding motorcycles, motocross facilities, and the property on which the facilities are located are inherently HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.
- I understand that the description of the risks in this agreement is not complete and I voluntarily choose to participate in and expressly assume all risks and dangers of the activity, whether or not described here, known or unknown, inherent or otherwise.
- I expressly acknowledge and assume additional risks and dangers that may result in property damage, physical injury, and/or death that may be above and beyond the inherent dangers and risks of the Activity.
- In consideration for being allowed to participate in the Activity at the Track, I agree, to the greatest extent permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and agree not to sue Ogden Cycle Association and its respective affiliates, agents, employees, representatives, assignees, officers, directors, shareholders, insurers, successors in interest, commercial & corporate sponsors, (each a “Released Party”) for any injury, including death, loss, property damage or expense, which participant or I may suffer, arising in whole or in part out of participant’s participation in the activity, including, but not limited to, those claims based on any Released Party’s alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care.
- I understand that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect against the activities' risks, dangers, and hazards. I understand that I am waiving my right to sue or hold the Association responsible even if the Association or its agents are negligent.
- In further consideration for allowing me to participate in the Activity, I further release and give up any and all claims and rights that I may now have against any Released Party and understand this releases all claims, including those of which I am not aware, those not mentioned in this release and those resulting from anything which has happened up to now. I understand that by signing this agreement, I waive all claims against any Released Party for any losses I may have suffered through their past conduct, including negligent conduct.
- Because I have waived rights to hold Released Parties liable, I understand that if I bring claims against any Released Party that is covered by this agreement, they will have to incur legal costs to defend against the claims I have waived. In further consideration of being allowed to participate in the Activity, I agree that if I bring a lawsuit that is determined to arise in whole or in part from my participation in an activity for which I have waived my right to hold a Released Party liable, I agree to pay all costs of the Released Parties defending against my claims, including paying their attorneys’ fees, costs of investigation, consultation with experts, and any other expense incurred by the Released Party in defending against my claim. I further understand that this agreement is not reciprocal: that is that if my claim is judged not to be covered by this waiver, the Association does not agree to pay any fees or costs I incur in bringing any claim. The Released Parties are not, by this agreement, agreeing to pay any fees or costs I incur.
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 participate 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 that I am at least 18 years old under penalty of fraud.
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. I intend this Agreement to 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