PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Moccasin Creek Offroad Park LLC, their agents, owners, officers, volunteers, participants,
employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “MCORP”), I
hereby agree to release, indemnify, and discharge MCORP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns,
personal representative and estate as follows:
1. I acknowledge that my participation in ATV park, track & campground activities entails known and unanticipated risks that could
result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such
risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: accidents involving other vehicles; collision with fixed or movable objects; slips and falls; the
possibility of rough terrain; drivers may be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that
riders could be injured if they come into contact with other passengers, equipment, or other objects; the condition of the track; injuries can
be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks;
musculoskeletal injuries including head, neck, and back injuries; exhaustion; exposure to the elements of the outdoors and natural
surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to
potentially dangerous wild animals, insect bites, and hazardous plant life; further, passengers can be thrown off their machine which can
result in any of the above events occurring; collisions, and flipping over; accidents or illness can occur in remote places without medical
facilities; my own physical condition, and the physical exertion associated with this activity.
Furthermore, MCORP employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware
of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete
warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MCORP from any and all claims, demands,
or causes of action, which are in any way connected with my participation in this activity or my use of MCORP’s equipment or
facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF MCORP.
4. Should MCORP or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear
the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I
6. In the event that I file a lawsuit against MCORP, I agree to do so solely in the state of Georgia, and I further agree that the substantive
law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this
agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I
may be found by a court of law to have waived my right to maintain a lawsuit against MCORP on the basis of any claim from
which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by