PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
PLEASE READ THIS PRIOR TO YOUR TOUR
In consideration of the services of AAAce Adventures Inc., 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 AAACe adventures Inc.), I hereby agree to release, indemnify, and discharge AAAce Adventures Inc. on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my going on a guided ATV tour 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: Falling, collisions, upset, striking obstructions or other persons, unsafe speed of travel for conditions, head injuries, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, and heat exhaustion), dehydration, accidental drowning, and highway or road vehicles.
Furthermore, AAAce Adventures employees have a difficult job 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, other environmental conditions, or terrain. 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. I agree to obey all traffic laws and rules provided.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AAAce Adventures 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 of AAAce Adventures equipment or facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF AAACE ADVENTURES.
4. Should AAAce Adventures or anyone acting on their behalf, be requires to incur attorney’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. In the event that I file a lawsuit against AAAce Adventures Inc., I agree to do so solely in the state of Nevada, and I further agree that the substantive law of the 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 portions shall remain in full force and effect.