RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
AGREEMENT BUNDY HILL RECREATION, LLC
IN CONSIDERATION of being permitted to enter, for any purpose,
Bundy Hill Recreation, LLC gravel pit, quarry (hereinafter
referred to as Bundy Hill Off Road and therein being defined as
including but not limited to any and all areas designated as Bundy
Hill , gravel operation, riding areas, farmlands, concessions,
campgrounds and other areas appurtenant to any area where any
activity shall take place) or being permitted to compete,
officiate, observe, work for, volunteer or for any purpose
participate in or attend any activity that may take place at Bundy
Hill Off Road.
EACH OF THE UNDERSIGNED, for himself/herself, his/her personal
representatives, heirs, and next of kin, acknowledges, agrees and
represents that he/she has, or will immediately upon entering any
of such Bundy Hill Off Road areas, and will continuously
thereafter, inspect such Bundy Hill Off Road areas, and all
portions thereof which he/she enters and with which he/she comes
in contact and does further warrant that his/her entry upon such
BUNDY HILL OFF ROAD area or areas and his/her participation, if
any, in the activities, constitutes an acknowledgment that he/she
has inspected such Bundy Hill Off Road areas and that he/she finds
and accepts the same as being safe and reasonably suited for the
purposes of his/her use, and he/she further agrees and warrants
that if, at any time, he/she is in on or about the Gravel Pit
areas and he/she feels anything to be unsafe, he/she will
immediately advise the Bundy Hill Off Road Recreation staff of
such and will leave the area.
1. HEREBY RELEASES, WAIVES DISCHARGES AND COVENANTS NOT TO SUE
the owners, operators, participants associations, sanctioning
organization or any subdivision thereof, Interstate operator,
gravel pit owner, any persons in any BUNDY HILL OFF ROAD area,
promoters, sponsors, owners, lessees or lessors of premises used
to conduct BUNDY HILL OFF ROAD and each of them, their officers
and employees, and for all of the purposes herein are referred to
as "releasees" from all liability to the undersigned, his/her
personal representatives, assigns, heirs, and 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
of the undersigned, whether caused by the negligence of the
releasees or otherwise while the undersigned is in or upon any of
the BUNDY HILL OFF ROAD areas, and/or, competing, officiating in,
observing, working for, or for any purpose participating or being
at BUNDY HILL OFF ROAD.
2. 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 due to the presence of the undersigned in or
upon any BUNDY HILL OFF ROAD area and in any way competing,
riding, officiating, observing or working for or for any purpose
participating or being at BUNDY HILL OFF ROAD whether caused by
the negligence of the releasees or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY
INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releases
or otherwise while in or upon the areas of BUNDY HILL OFF ROAD
and/or while competing, riding, officiating, observing, or working
for, volunteering or for any purpose participating in or being on
the premises of BUNDY HILL OFF ROAD.
4. FURTHER, I RECOGNIZE that the operation of Off Road
Vehicles, ATV’s and Dirtbikes and activities related thereto can
constitute a dangerous activity, and voluntarily assume all risk
of any damage, injury or loss which may occur to me during the
course of my activities related thereto.
5. FURTHER, I VOLUNTARILY ASSUME RESPONSIBILITY for my actions
while upon the BUNDY HILL OFF ROAD property or premises and I will
endeavor to conduct myself in a manner consistent with the safe
operation of Off Road Vehicles, ATV’s and Dirt bikes and in
activities thereto.
6. FURTHER, I RECOGNIZE AND ACKNOWLEDGE the fact that third
parties may or will be present on BUNDY HILL OFF ROAD property or
premises and may be engaging in the operation of Off Road
Vehicles, ATV’s and Dirt bikes and activities related thereto
during the same period of time in which I will be engaging in the
same or similar activities. Further, I recognize that BUNDY HILL
OFF ROAD is not an insurer of my safety or responsible for damage
incurred by me resulting from the activities of third parties
during the course of our activities at BUNDY HILL OFF ROAD.
7. FURTHER, I UNDERSTAND THAT BUNDY HILL OFF ROAD RECREATION
makes no express or implied representation as to the condition of
any roads, buildings, gates, construction debris, equipment or
other improvements on BUNDY HILL OFF ROAD property in which the
activities described herein will take place. I also understand
that I may be exposed to other dangerous conditions, risk and
hazards on any BUNDY HILL OFF ROAD area in question, including,
but not limited to, poisonous snakes, insects and spiders, blinds
and tree stands, erosion and general conditions of the land both
on and off roadways which may create hazardous driving and walking
conditions, animals both wild and domestic, which may be diseased
and or potentially dangerous, as well as deep water, unsound
terrain and other potentially hazardous conditions of any BUNDY
HILL OFF ROAD area. I expressly acknowledge the existence of all
such risk, hazards, and dangers to which I may be exposed to in
any BUNDY HILL OFF ROAD area.
8. IN ADDITION TO THE FOREGOING AND FOR THE SAME CONSIDERATION
previously stated, I hereby voluntarily agree to indemnify,
defend, protect, and hold harmless BUNDY HILL OFF ROAD and any of
its divisions, owners, officers or employees, volunteers, leasors,
for or against any and all manner of claims, causes of action, or
liability arising out of any incident, injury, or damage to any
other individual present at BUNDY HILL OFF ROAD, for any reason,
while I am on or about BUNDY HILL OFF ROAD.
9. FURTHER, I UNDERSTAND that by indemnifying BUNDY HILL OFF
ROAD, should it be necessary for BUNDY HILL OFF ROAD, or some
agent thereof, to incur attorneys fees and costs to enforce this
agreement, of any portion thereof, I voluntarily agree to pay
BUNDY HILL OFF ROAD, or any of its agents, reasonable costs and
attorneys fees arising there from.
10. FURTHER, I CERTIFY that I have sufficient health, accident,
and liability insurance to cover any bodily injury or property
damage caused to a third party, or myself, as a result of my
participation in the aforementioned activities. If I have no
insurance, I am certifying that I am capable of personally paying
any and all such expenses or liability.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that
the riding, activities and/or racing events are very dangerous and
involves the risk of serious injury and/or death and/or property
damage. THE UNDERSIGNED further expressly agrees that the
foregoing release, waiver, and indemnity agreement is intended to
be as broad as inclusive as is permitted by the laws of the State
of Michigan in which BUNDY HILL OFF ROAD is conducted 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
THE RELEASE AND 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.
