WAIVER AND RELEASE OF LIABILITY, PHOTO, VIDEO
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
I am voluntarily participating in the Activity/Event as a Driver or Passenger of a 2 or 4 Seat Off Road Utility Terrain Vehicle (UTV/SXS). This Activity/Event may include Individual and Group Trail Riding, Pavement Riding, Rock Climbing, Traveling at High and Low Speeds, Water Crossing (i.e., Washes/Creeks/Streams/Rivers), Site Seeing and Entering any Private or Public Facilities organized by Arizona SxS Adrenaline Therapy, I, agree for myself, to the following:
1. AGREEMENT TO THE FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the employees, representatives, or agents of Arizona SxS Adrenaline Therapy.
2. ASSUMPTION OF THE RISKS AND RELEASE. I understand that there are risks associated with the above-described activity, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death, or economic loss. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity/Event location (s) or facility (ies). Nonetheless, I assume all risks of my participation in this Activity/Event, whether known or unknown to me, including travel to and from the Activity/Event (including air travel) or any events incidental to this Activity/Event.
3. MEDICAL CONSENT. If I need medical treatment as a result of my participation in this Activity/Event, travel to and from the Activity/Event (including air travel), or any events incidental to this Activity/Event, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that Arizona SxS Adrenaline Therapy does not provide health insurance for me and that I should carry my own health insurance.
4. HOLD HARMLESS. I agree to hold Arizona SxS Adrenaline Therapy harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, as a result of my participation in this Activity/Event. I assume full responsibility for personal injury to myself and further release and discharge Arizona SxS Adrenaline Therapy for injury, loss or damage arising out of me. Whether caused by the fault of myself, my family, Arizona SxS Adrenaline Therapy or other third parties.
5. INDEMNIFICATION. I agree to indemnify and defend Arizona SxS Adrenaline Therapy against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from me use of or presence of Arizona SxS Adrenaline Therapy.
6. FEES. I agree to pay for all damages to Arizona SxS Adrenaline Therapy caused by any negligent, reckless, or willful actions by me.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Arizona law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using Mediation services available through The Litigation and Conflict Resolution Section of the Arizona Attorney General’s Office.
12. PHOTOGRAPH & VIDEO RELEASE. I hereby grant permission and authorize Arizona SxS Adrenaline Therapy, its Members, Volunteers and Board of Directors the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I acknowledge and understand these materials about or of me may be used for both commercial and/or non-commercial purposes.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I acknowledge that I have completely read and fully understand the above consent and release and agree to be bound thereby. I hereby release Arizona SxS Adrenaline Therapy, its Members, Volunteers and Board of Directors. I understand the legal consequences of signing this document, including (a) releasing from all liability, (b) waiving my right to sue Arizona SxS Adrenaline Therapy, its Members, Volunteers and Board of Directors. (c) and assuming all risks of participating in this Activity/Event, including travel to and from the Activity (including air travel) or any events incidental to this Activity/Event.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY CHECKING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
