|
|
|
-
-
WHEREAS, of (Track)
_____________________________________________________,
known as the RELEASOR, is desirous of riding and or racing his Motorcycle
or All Terrain Vehicle (ATV), at Broome-Tioga Sports Center, Hurricane
Hills, Thunder Ridge Cycle Park, John Bosworth, East Hill MX Track,
Unadilla Valley Sports Center, MKJ Farms and or any other Syracuse Area
Trail Rider Association (SATRA) ride locations; and
WHEREAS, MX Associates, Inc., Broome-Tioga Sports Center, Hurricane Hills,
Thunder Ridge Cycle Park, John Bosworth, East Hill MX Track and Unadilla
Valley Sports Center, MKJ Farms known as RELEASEES, are the owners of
parcels of land in the State of New York and/or the State of Pennsylvania
which land is used for riding and racing motorcycles and ATVs; and
WHEREAS, the RELEASOR knows and understands that motorcycle and ATV riding
and racing is dangerous, and the chances of sustaining ordinary physical
injury, serious physical injury or even critical injury are significantly
greater than in just about any other sport; and
WHEREAS, the RELEASOR knows and understands that he or she uses these
various parcels of land as he finds them, in an "as is" condition, subject
to change by use and by the elements; and
WHEREAS, the RELEASOR represents that at the very least he will wear an
American Motorcycle Association (AMA) approved motorcycle helmet, either
with a full face guard or with a mouth protector, as well as good quality
motorcycle boots and gloves while riding on the premises, and that his
motorcycle or ATV is in satisfactory condition for riding or racing; and
WHEREAS, the RELEASOR warrants that he or she will ride within his or her
ability and in control, pass with care, and be predictable and safe on the
track, and will consume no alcohol or drugs prior to riding or during the
ride;
NOW, in consideration of being permitted to operate his or her motorcyle
or ATV on the race tracks and premises above mentioned RELEASOR, for
himself or herself and his or her personal representatives, heirs and next
of kin, hereby releases, waives, discharges and covenants not to sue MX
Associates, Inc., Broome-Tioga Sports Center, Hurricane Hills, Thunder
Ridge Cycle Park, John Bosworth, East Hill MX Track, Unadilla Valley
Sports Center, MKJ Farms, Syracuse Area Trail Rider Association, their
corporate or personal owners, heirs, assigns, representatives, officers
and members, and any leasers of the premises and each of them, their
officers and employees, all referred to as RELEASEE, from all liability to
the RELEASOR, his personal representatives, assigns, heirs and next of
kin, for all loss or damage, and any claim or damage therefor, as a result
of injury to the person or property or resulting in death of the RELEASOR,
while the RELEASOR is riding or racing a motorcycle or ATV or otherwise
using the premises at, Broome-Tioga Sports Center, Hurricane Hills,
Thunder Ridge Cycle Park, John Bosworth, East Hill MX Track, Unadilla
Valley Sports Center, MKJ Farms, and or any location of a Syracuse Area
Trail Rider Association activity.
RELEASOR hereby assumes full responsibility for and risk of bodily injury,
death or property damage while in or on the above mentioned parcels and
while competing, officiating in, flagging, working or for any purpose
participating in motorcycle or ATV riding or racing on those premises.
RELEASOR expressly agrees that this release, waiver and indemnity
agreement is intended to be as broad and inclusive as premitted by the
laws of the State of New York and that if any portion of this agreement is
held invalid, it is agreed that the blance shall, continue in full legal
force and effect.
RELEASOR acknowledges, agrees and represents that he or she has, or will,
immediately upon entering, Broome-Tioga Sports Center, Hurricane Hills,
Thunder Ridge Cycle Park, John Bosworth, East Hill MX Track, Unadilla
Valley Sports Center, MKJ Farms and or any location of a Syracuse Area
Trail Riders Association activity, inspect the track and all areas where
he or she will operate his or her motorcycle or ATV, and his or her
operation of the motorcycle or ATV constitutes an acknowledgement that he
or she has inspected the premises and finds and accepts them as being safe
and reasonably suited for the purposes of his or her use, and he or she
further warrants and agrees that if, at any time, he or she feels anything
to be unsafe, he or she will immediately advise the owners, operators and
participants of such conditions and discontinue use of the said premises.
RELEASOR, being of lawful age, and at least 18 years of age, or having the
approval of parent or guardian, in consideration of being permitted to
participate in motorcycle or ATV riding, does for himself or herself, his
or her heirs, executors, administrators, and assigns, hereby release and
forever discharge, Broome-Tioga Sports Center, Hurricane Hills, Thunder
Ridge Cycle Park, John Bosworth, East Hill MX Track, Unadilla Valley
Sports Center, Syracuse Area Trail Riders Association, their officers and
members, their heirs, administrators, and executors of and from any and
every claim, demand, action or right of action, of whatsoever kind of
nature, either in law or in equity arising from or by reason of any bodily
injury or personal injuries known or unknown, death and or property damage
resulting from any accident which may occur as a result of participation
in motorcycle or ATV riding or racing or any activities in connection with
motorcycle or ATV riding or racing at, Broome-Tioga Sports Center, Thunder
Ridge Cycle Park, John Bosworth, East Hill MX Track, Unadilla Valley
Sports Center, MKJ Farms and or any location of a Syracuse Area Trail
Riders Association activity.
RELEASOR further states that he or she has carefully read the above
release and understands and knows the contents of this release and signs
it as his or her own free act.
RELEASOR further releases all officials and professional personnel,
whether hired or volunteers, from any claim whatsoever on account of first
aid treatment or service rendered him or her during participating in
motorcycle or ATV riding or racing on the premises.
This release contains the entire agreement between the parties and the
terms of this release are contractual and not a mere recital.
|
