RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK, INDEMNITY AND RIGHTS AGREEMENT
IN CONSIDERATION of (a) being permitted to compete, officiate, observe, work for or participate in any way in the Motocross
Activities (defined as motorcycle riding, racing and/or jumping) or (b) being permitted to enter, for any purpose, any Restricted
Area (defined as any area in which motorcycle riding, racing, jumping, and/or other activities are taking place and all walkways,
concessions and other appurtenant areas), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives,
parent or legal guardian, heirs and next of kin:
1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering the Restricted Area, and will
continuously thereafter, inspect the Restricted Area which he/she enters and he/she further agrees and warrants that, if at any
time, he/she is in or about the Restricted Area and he/she feels anything to be unsafe, he/she will immediately advise an
employee, supervisor, attendant, or official, of such and will leave the Restricted Area and/or refuse to participate any further in
the Motocross Activities and or events.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Youngstown MX, LLC, and its owner, affiliates
and related companies, Oak Tree Vista Properties, LLC, and its owners, affiliates and related companies, participants, racing
associations, sanctioning organizations or any subdivision thereof, including any parents or affiliated entities, track operators,
track owners, officials, riders, rescue personnel, any persons in the Restricted Area, promoters, sponsors, advertisers, owners,
and lessees of premises used to conduct the Motocross Activities, premises and event inspectors, surveyors, underwriters,
consultants and others who provide recommendations, directions, or instructions, and each of them, their directors, officers,
agents and employees, all for the purposes herein referred to as Releasees, FROM ALL LIABILITY TO THE UNDERSIGNED,
his/her personal representatives, parent or legal guardian, assigns, heirs, and the next of kin FOR ANY AND ALL LOSS OR
DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY, OR
RESULTING IN DEATH, TO THE UNDERSIGNED ARISING OUT OF OR RELATED TO MOTOCROSS ACTIVITIES WHETHER
CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OR WRONGDOING, STRICT LIABILITY OR
FAULT OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS,
LIABILITY, DAMAGE OR COST they may incur arising out of or related to the Motocross Activities WHETHER CAUSED BY THE
SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR FAULT OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSURES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising
out of or related to the Motocross Activities WHETHER CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF
RELEASEES OR OTHERWISE.
5. HEREBY acknowledges that MOTOCROSS ACTIVITIES ARE VERY DANGEROUS and involve the risk of serious injury and/or
death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges the INJURIES RECEIVED MAY BE
COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk, Indemnity and Rights Agreement extends to all
acts of negligence or wrongdoing by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as
broad and inclusive as is permitted by the laws of the State of Ohio and that if any portion hereof is held invalid, it is agreed that
the balance shall, notwithstanding, continue in full legal force and effect.
7. Agrees that he/she will not photograph or videotape any Motocross Activities while in the Restricted Area and agrees that
Youngstown MX, LLC and its designees shall have the right, in perpetuity, to photograph, videotape and use the name and/or
likeness of the undersigned, and/or the name, likeness, logo or artwork of the vehicles the undersigned is driving on the
Restricted Area and/or owns (and allows another person to drive in the Restricted Area) in all advertising and promotion of
Youngstown MX, LLC.
8. Warrants and represents that he/she is the owner of all rights granted hereunder or has been duly authorized by the owner of
such rights to grant same. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND
RIGHTS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNIING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE
BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY
TO THE GREATEST EXTENT ALLOWED BY LAW.
CAUTION: READ BEFORE SIGNING
PRINT NAME: _______________________________ SIGN NAME HERE: _________________________________ DATE:
_______ PARENT/LEGAL GUARDIAN FOR
___________________________________
Signature, Title and Address of Witness: _________________________________________________________________
IN CONSIDERATION of (a) being permitted to compete, officiate, observe, work for or participate in any way in the Motocross
Activities (defined as motorcycle riding, racing and/or jumping) or (b) being permitted to enter, for any purpose, any Restricted
Area (defined as any area in which motorcycle riding, racing, jumping, and/or other activities are taking place and all walkways,
concessions and other appurtenant areas), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives,
parent or legal guardian, heirs and next of kin:
1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering the Restricted Area, and will
continuously thereafter, inspect the Restricted Area which he/she enters and he/she further agrees and warrants that, if at any
time, he/she is in or about the Restricted Area and he/she feels anything to be unsafe, he/she will immediately advise an
employee, supervisor, attendant, or official, of such and will leave the Restricted Area and/or refuse to participate any further in
the Motocross Activities and or events.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Youngstown MX, LLC, and its owner, affiliates
and related companies, Oak Tree Vista Properties, LLC, and its owners, affiliates and related companies, participants, racing
associations, sanctioning organizations or any subdivision thereof, including any parents or affiliated entities, track operators,
track owners, officials, riders, rescue personnel, any persons in the Restricted Area, promoters, sponsors, advertisers, owners,
and lessees of premises used to conduct the Motocross Activities, premises and event inspectors, surveyors, underwriters,
consultants and others who provide recommendations, directions, or instructions, and each of them, their directors, officers,
agents and employees, all for the purposes herein referred to as Releasees, FROM ALL LIABILITY TO THE UNDERSIGNED,
his/her personal representatives, parent or legal guardian, assigns, heirs, and the next of kin FOR ANY AND ALL LOSS OR
DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY, OR
RESULTING IN DEATH, TO THE UNDERSIGNED ARISING OUT OF OR RELATED TO MOTOCROSS ACTIVITIES WHETHER
CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OR WRONGDOING, STRICT LIABILITY OR
FAULT OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS,
LIABILITY, DAMAGE OR COST they may incur arising out of or related to the Motocross Activities WHETHER CAUSED BY THE
SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR FAULT OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSURES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising
out of or related to the Motocross Activities WHETHER CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF
RELEASEES OR OTHERWISE.
5. HEREBY acknowledges that MOTOCROSS ACTIVITIES ARE VERY DANGEROUS and involve the risk of serious injury and/or
death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges the INJURIES RECEIVED MAY BE
COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk, Indemnity and Rights Agreement extends to all
acts of negligence or wrongdoing by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as
broad and inclusive as is permitted by the laws of the State of Ohio and that if any portion hereof is held invalid, it is agreed that
the balance shall, notwithstanding, continue in full legal force and effect.
7. Agrees that he/she will not photograph or videotape any Motocross Activities while in the Restricted Area and agrees that
Youngstown MX, LLC and its designees shall have the right, in perpetuity, to photograph, videotape and use the name and/or
likeness of the undersigned, and/or the name, likeness, logo or artwork of the vehicles the undersigned is driving on the
Restricted Area and/or owns (and allows another person to drive in the Restricted Area) in all advertising and promotion of
Youngstown MX, LLC.
8. Warrants and represents that he/she is the owner of all rights granted hereunder or has been duly authorized by the owner of
such rights to grant same. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND
RIGHTS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNIING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE
BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY
TO THE GREATEST EXTENT ALLOWED BY LAW.
CAUTION: READ BEFORE SIGNING
PRINT NAME: _______________________________ SIGN NAME HERE: _________________________________ DATE:
_______ PARENT/LEGAL GUARDIAN FOR
___________________________________
Signature, Title and Address of Witness: _________________________________________________________________
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