Grandaddy’s Park – Cass County, Texas
Participant Release and Indemnification Agreement – Grandaddy’s Park
I understand and acknowledge that all-terrain vehicles or side-by-sides of any kind, and all other activities, that might be engaged in as a participant or spectator bears certain risks and unanticipated risks which could result in injury, death, illness, disease (physical or mental), or damage to myself, my property, or to spectators or other third parties. Being aware of the above risk as stated in paragraph I:
I expressly agree, covenant, and promise to accept and assume all responsibility and risks for injury, death, illness, or damage to myself, others, or personal property arising from my participation in this activity of riding or any other activity on Grandaddy’s Park.
I acknowledge that my participation in any activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I further acknowledge that, if I am participating, I understand that Grandaddy’s Park makes no express or implied representation as to the condition of any roads, tracks, trails, buildings, gates, recreational devices, or other improvements on Grandaddy’s Park, on which the activities will take place. I also understand that I may be exposed to other dangerous conditions, risks, or hazards on Grandaddy’s Park, including but not limited to: poisonous snakes, insects, spiders, any type of infectious bacteria located in soil or waterways, natural erosion or erosion created by all-terrain vehicle riding, general conditions of the land both on and off roadways and in camping areas (which may create hazardous driving and walking conditions), animals both wild and domestic, or other persons with all-terrain vehicles on or off Grandaddy’s Park property. I also understand that Grandaddy’s Park property is shared with other industrial companies of production or storage and transportation of certain resources, which may contain the following, but is not limited to: metal or plastic piping, electrical service stations, service power lines, service valves, flowlines, or pipelines.
I expressly acknowledge the existence of all such risks, hazards, and dangers which I may be exposed to on Grandaddy’s Park property. I also agree to follow all park rules as posted on the property and website of Grandaddy’s Park. (www.grandaddyspark.com)
Further, in exchange for the right to enter Grandaddy’s Park property and engage in the activities described above, I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify Grandaddy’s Park, its agents, employees, owners, and all of the persons or entities from any and all liability, claims, demands, actions, or rights of all actions, which are related to or in any way connected with my participation in this all-terrain vehicle activity or any activity, including but not limited to: the negligent acts or omissions of Grandaddy’s Park, its agents, employees, volunteers, owners, and all other persons for any and all injuries, death, illness, disease, or danger to myself or property.
In signing this document, I expressly acknowledge that I am releasing Grandaddy’s Park and its officers, directors, agents, representatives, guests, employees, and volunteers from liability for damages caused by the negligence of the Grandaddy’s Park and its officers, directors, agents, representatives, guests, employees, or volunteers.
I understand that by indemnifying Grandaddy’s Park should it become necessary for Grandaddy’s Park or someone on Grandaddy’s Park’s behalf, to incur attorney’s fee and cost to enforce this agreement, or any portion thereof, I agree to pay Grandaddy’s Park reasonable cost and attorney’s fees arising there from. The release, discharge, and indemnification voluntarily given by me herein shall extend to, and for the benefit of, any corporation, partnership, or other entity affiliated with Grandaddy’s Park, its operations or the property or with which Grandaddy’s Park may be affiliated in connection with its operations of the property in any capacity, including but not limited to: as a partner, landowner, volunteer, limited partner, shareholder, or otherwise. I certify that I have sufficient health, accident, and liability insurance to cover bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in the activities described above. If I have no insurance, I certify that I am capable of personally paying for any and all such expenses or liability. If any provision of this Participant Release and Indemnification Agreement is or may be held by a court of competent jurisdiction to be invalid, void, or union force able, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. I have read this document and by signing below, I accept and relieve Grandaddy’s Park of all liabilities.
Name:_________________________
Address: ____________________
City:__________ State:_____
Zip Code:_______________
Signature:_________________________
Date:_______________