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ATV GUIDED TOURS
Release, Waiver of Liability, Assumption of Risk, and
Indemnity Agreement RegardingParticipation in Activities
This Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is given as of the date appearing below from the undersigned Participant in favor of and to Boon Life Adventures, LLC, a North Carolina limited liability company (hereinafter referred to as “Boon Life Adventures”).
For and in consideration of Participant’s inclusion and participation in various activities hosted by Boon Life Adventures including, but not limited to, on and off-road operation of ATVs and/or other 4x4 off-road vehicles, whether as a driver, passenger, spectator, or otherwise, and other various outdoor-related activities including but not limited to laser tag, navigating an outdoor maze, participating in scavenger hunts, and/or participating in an “escape room”, (hereinafter collectively called the “Activities,”) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant and Guardian (if applicable) (hereinafter, the Participant and Guardian are jointly and severally referred to as “Participant”), hereby releases, waives and discharges Boon Life Adventures, its officers and members, promoters, sponsors, advertisers, owners and lessees of the premises (hereinafter referred to as “Releasees,”) and each of them, from all liability to the Participant, his/her spouse, legal representatives, heirs and assigns, for any and all loss or damage, and any claim or damages resulting therefrom, on account of injury to Participant’s person or property, even injury resulting in death of Participant, whether caused by the negligence of Releasees or otherwise, while the Participant is participating in the Activities.
Participant agrees to indemnify the Releasees and hold them harmless from any loss, liability, damage or cost they may incur due to the participation of Participant in the Activities, whether caused by the negligence of the Releasees or otherwise.
Participant hereby assumes full responsibility for the risk of bodily injury, death or property damage or otherwise while in or upon the property owned and/or operated by Boon Life Adventures and located at or near 997 Farfara Way, Lake Lure, North Carolina 28746 and/or 5531 US Highway 64/74A, Lake Lure, NC 28746, and while participating in, preparing for, observing, or any other purpose regarding, the Activities.
Participant hereby acknowledges that the Activities are very dangerous and involve the risk of serious injury and or property damage or even death. Participant also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees. By signing this Release, Participant represents to Boon Life Adventures that he or she is in good health and has no known health issues that may put Participant or others at additional risk of injury or other harm. Participant hereby agrees that this Release extends to all acts of negligence by the Releasees, including, but not limited to, negligent rescue operations and is intended to be as broad and inclusive as is permitted by the laws of the state of North Carolina, and that if any portion of the Release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Participant further agrees to forever assign and transfer to Boon Life Adventures any and all rights in or to any photographs or other media depicting the Participant participating in, preparing for, or observing the Activities (the “Promotional Media”). By signing below, I expressly consent to the commercial or non-commercial publication of the Promotional Media in any form and for any purpose, whether for advertising purposes or otherwise, by Boon Life Adventures.
Further, Participant does hereby release and forever discharge Boon Life Adventures and its agents, servants, employees, successors and assigns, representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, from any and all liability for the ownership, publication and use of the Promotional Media.
This Release, the Rules of Participation referenced herein, and any and all attachments referenced herein* and attached hereto constitute the sole and only agreement of Participant and Boon Life Adventures and supersedes any prior understandings or written or oral agreement respecting the subject matter of this Release.
Boon Life Adventures – Rules of Participation
Please Read Carefully!
**Violation of these rules may result in immediate termination of the tour
WITHOUT any refund**
All participants under 18 years of age must be accompanied by a parent or guardian at least 18 years of age or older.
Participants may not participate in ANY activities while under the influence of alcohol or any drug, whether legal or illegal.
All participants must follow the tour guide at all times and must promptly obey any instructions or other guidance of the tour guide.
All participants must stay on the trail at all times.
Participants must operate vehicles in a single file line.
Participants must maintain at least ten (10) feet (approximately two ATV lengths) between themselves and other participants.
Participants MUST NOT use cell phones or other devices while the vehicle is in motion.
Participants MUST NOT stop the vehicle on an incline.
Participants MUST NOT use the brakes and throttle simultaneously.
Participants must meet all the legal age requirements over to operate vehicles .
No one under the age of three (3) may participate in any activities.
All participants must wear helmets on their heads at all times, even when the vehicles are not in motion.
We highly recommend that all participants wear eye protection. We will offer goggles, but participants may also wear their own eye protection, if desired.
No reckless driving or operation will be tolerated, including wheelies, jumps, stunts, bumping, cutting in front of other vehicles, “stop and gunning” the vehicles, or any other reckless behavior. It is entirely up to Boon Life Adventures to determine whether a participant’s driving or operation of the vehicle is reckless.
No driving too fast for conditions, visibility, or personal experience. Drivers are aware of and must be alert for the possibility of hidden dangers when operating the vehicles.
If a tour guide or other Boon Life Adventures determines that you have violated these Rules, you will immediately be returned to the launch area and will forfeit the rest of your tour.
By signing below, you agree to pay for all damages you cause, including but not limited to damages to the vehicles, the property, all equipment, other participants, and any other damage you may cause. Any damages must be paid for in full immediately after your tour unless other arrangements are made in writing with Boon Life Adventures’ management.
Stop the vehicle immediately if you feel or hear anything wrong with the vehicle you are riding or operating. Your tour guide will come back to you and assess the situation and call for a replacement vehicle if necessary. DO NOT continue to operate a vehicle if you suspect that there is an issue.
Stop the vehicle immediately if you lost sight of the vehicle in front of you and you are not sure what path to take. The tour guide will assist you.
If your vehicle gets stuck, wait for the tour guide to assist you. Spinning the tires may cause belt, tire, or drivetrain damage and can be dangerous.
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