MTF 867 LLC /MILLSAPS TRAINING FACILITY, LLC CONTINUING RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (2020)
This is a release of liability form. It is a legal document and should be read carefully. In order to enter the Site you must be willing to wave your legal rights to enter into any type of suit against the owners of the Site as well as others present. You must have consent of the owners of the Site or their agents. If you choose not to waive your rights against the owners of the Site, their agents and all others present you are not permitted to and must not enter the Site. This release formally acknowledges that you will engage in the extremely dangerous sport of motocross riding, training and racing. This activity has inherent risks, and may result in serious injury or death.
In consideration of being permitted to enter for any purpose any RESTRICTED AREA of MTF 867 LLC and/or MILLSAPS TRAINING FACILITY, LLC (the “Site”, herein defined as including but not limited to the racing surface, pit areas, infield, approach area and all other walkways, concessions and other areas appurtenant to any area where any activity related to the operation of a motorcycle, motor vehicle or machinery shall take place), or being permitted to ride, compete, officiate, observe or for any purpose participate in any activity at the Site, the UNDERSIGNED, for himself, his personal representatives, heirs and next of kin, acknowledges, agrees and represents that he has, or immediately upon entering the Site, and continuously thereafter, will inspect the Site, including all portions thereof with which he comes in contact, and does further warrant that entry upon the Site and participation in any activity on the Site constitutes an acknowledgment that he has inspected the Site, and that he finds and accepts the Site as being safe and reasonably suited for the purposes of intended use, and he further agrees and warrants that if at any time he is on or about the Site and feels anything to be unsafe, he will immediately advise the officials or a representative of MTF 867 LLC and/or MILLSAPS TRAINING FACILITY, LLC of such, and will leave the Site. THE UNDERSIGNED ACKNOWLEDGES THAT TRACK CONDITIONS MAY CHANGE DUE TO USE AND/OR WEATHER, AND MAY DETERIORATE TO THE POINT THAT TRACK CONDITIONS MAY BE CONSIDERED DANGEROUS; THAT COMPETITIVE RIDING, RACING OR TRAINING PRESENTS A SIGNIFICANTLY GREATER OPPORTUNITY FOR INJURY; AND THAT SAFETY PERSONNEL OR FLAGGERS ARE NOT PRESENT ON THE SITE.
As additional consideration, the undersigned makes the following representations and covenants:
I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MTF 867 LLC and/or MILLSAPS TRAINING FACILITY, LLC, including their principals and representatives, Colleen B. Millsaps, Richard Charbonneau, participants, officials, vehicle owners, or any person lawfully on the Site, herein referred to as “Releasees”, from any and all liability to the undersigned, their personal representatives, assigns, heirs and next of kin for any and all loss or damage, any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of Releasees or otherwise while the undersigned is on the Site, and/or riding, competing, officiating, observing, working or for any purpose on the Site. I understand and acknowledge that MTF 867 LLC and/or MILLSAPS TRAINING FACILITY, LLC is not required to, and may not carry, premises liability insurance. I ACKNOWLEDGE THAT I CARRY ADEQUATE HEALTH INSURANCE TO COVER ANY INJURY THAT MAY BE SUSTAINED ON THE SITE.
I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in or upon the Site and/or while riding, competing, officiating, observing, working or for any purpose on the Site, whether caused by the negligence of Releasees or otherwise.
I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Releasees or otherwise while in or upon the Site and/or while riding, competing, officiating, observing, working or for any purpose on the Site.
THE UNDERSIGNED expressly acknowledges and agrees that the activities conducted on or about the Site are patently dangerous and involve the risk of serious injury, death and/or property damage. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement is to be as broad and inclusive as permitted by the laws of the State of Georgia, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
THIS AGREEMENT IS CONTINUING IN NATURE AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH TIME AS REVOKED IN WRITING, AND SUCH WRITING HAS BEEN DELIVERED TO AND RECEIPT ACKNOWLEDGED BY MTF 867 LLC and/or MILLSAPS TRAINING FACILITY, LLC.
THIS AGREEMENT entered into this_______ day of , 2020.
Print Name MTF 867 LLC / MILLSAPS TRAINING FACILITY, LLC
STATE OF GEORGIA: COUNTY OF GRADY:
SWORN TO AND SUBSCRIBED before me this____ day of____ , 2020 by
, who: is personally known to me, or has produced ____________________