Online Waiver

THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT MUST BE SIGNED BY ALL PATRONS BEFORE ENTERING THE REAL PROPERTY AND IMPROVEMENTS OPERATED BY RATS ENTERTAINMENT PARK, LLC. ALL PATRONS UNDER THE AGE OF EIGHTEEN (18) MUST HAVE A PARENT OR LEGAL GUARDIAN SIGN THIS AGREEMENT ON BEHALF OF THE MINOR. PATRONS UNDER THE AGE OF EIGHTEEN (18) WHO DO NOT PROVIDE AN AGREEMENT WITH THE SIGNATURE OF THEIR PARENT OR LEGAL GUARDIAN WILL NOT BE ALLOWED INTO THE PARK.

For purposes of this Agreement, “Patron” shall include the current patron listed (or Patron individually and on behalf of the Minor(s) of all of the individuals listed on this Agreement for whom Patron is the parent or legal guardian). In consideration of the Patron and/or the Minor(s) being permitted to enter onto the real property and utilize the real property and improvements operated by RATS Entertainment Park, LLC (the "Premises" or “Park”), and to participate in any and all activities on the Premises, including, but not limited to, using or operating all-terrain vehicles, motorcycles, and any and all other types of motorized vehicles for on-road and off-road use, motor-cross or racing, utilizing any and all tracks, trails, improvements, buildings, facilities, equipment or goods operated by RATS Entertainment Park, LLC (“RATS”), for any reason, or participating in or observing events sponsored by RATS (collectively the "Activities"), the Patron, individually and on behalf of the Minor(s) as parent or legal guardian, and each of the Minors for himself/herself and for his/her heirs, estate, personal representatives, successors and assigns, agree to the following terms and conditions:

1. Patron, (or Patron individually and on behalf of the Minor(s) as legal guardian), acknowledges and agrees to the following:
   1. Patron is on the Premises voluntarily and of their own free will choosing to participate in the Activities, and it is the Patron's choice to enter and bring the Minor(s) onto the Premises, and that the Activities may involve travel on motor vehicles at a high rate of speed and that such Activities are subject to mishap and even injury to or the death of participants and or spectators, including, but not limited to, broken bones, internal injuries, paralysis, or fatal injury, as well as the loss of or damage to personal property.
   2. Patron and/or Minor(s) may be injured, damaged or die as a result of the acts or omissions of themselves or of other persons.
      
      Patron acknowledges there are certain inherent risks associated with off-road motor vehicle activities on the Premises, including but not limited to, physical injury, potential contact with snakes, spiders and other wild animals, and exposure to waterborne diseases. Water marked "non-potable" has not been treated in any manner whatsoever, and Patron acknowledges that RATS makes no representation or warranty as to the safety, drinkability, or sanitization of any water on the premises. Patron acknowledges that RATS has not made any representation or warranty as to the condition of the Premises or the safety of engaging in the Activities.  It is Patrons’ sole responsibility to keep themselves and the Minor(s) away from all unsafe or dangerous conditions on or about the Premises and to use due care engaging in the Activities, and Patron will remain solely responsible for himself/herself and the Minor(s) regarding any incident related to the Premises or the Activities.
2. Patron, individually and on behalf of the Minor(s) as legal guardian acknowledges and agrees to the following:
   1. Patron VOLUNTARILY ASSUMES THE FULL RISK of any injuries, illnesses, damages or loss, regardless of the severity thereof, that Patron and the Minor(s) may sustain as the result of engaging in any Activities at and on the Premises. The risk of injury includes, but is not limited to, minor injuries such as abrasions and bruises, and more serious injuries such as broken bones, muscle pulls, and dislocations. The risk of injury also includes, but is not limited to, catastrophic injury such as permanent paralysis, brain damage, or even death. The risk of illness includes, but is not limited to, the exposure to waterborne illnesses, including E-coli, Cryptosporidiosis, and other infections. Patron, individually and on behalf of the Minor(s) as parent or legal guardian, understands that even with caution and reasonable hygiene, waterborne bacteria and parasites can infect participants in Activities at the Premises who touch water, are splashed with water, or who swallow and inhale even small amounts of water. Symptoms of waterborne illnesses include cramps, nausea, fever, and severe diarrhea.
   2. Patron, with full knowledge of the potential risks for injury, illness or disease, hereby CONSENTS TO PARTICIPATE IN SUCH ACTIVITIES for himself/herself and the Minor(s) and represents that Patron has full legal authority to provide such consent.
   3. Acknowledging that such risks exist, Patron, individually and on behalf of the Minor(s) as parent or legal guardian, and all of their personal representatives, assigns, heirs, estate, and next of kin, hereby forever AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AND WAIVES, RELEASES, DISCHARGES AND COVENANTS NOT TO SUE RATS (and its members, managers, employees, agents, officers, directors, lessors, and attorneys), promoters, participants, racing associations, sanctioning or administrative organizations thereof, sponsors, advertisers, Premises and events inspectors, and others who give recommendations, directions, or instructions, or engage in risk evaluation or loss control activities regarding the Premises or event(s) thereon, and for each of them, their respective owners, officers, managers, members, employees, representatives, agents, affiliates, subsidiaries, successors, and assigns (the "Released Parties"), of and from any and all liabilities, strict liability, claims, damages, punitive damages, property damage, actions or causes of action, that the Patron, Minor(s), anyone on Minor's behalf, his/her heirs, estate, or personal representatives have or may have for or relating to any injury or damage to the person or property of the Patron, of the Minor(s) or arising from the injury to or wrongful death of a third person, any of which were suffered or claimed to have been suffered as a result of or in relation to (i) the Activities, (ii) the condition of the Premises or (iii) the action or inaction of any of the Released Parties, including but not limited to any claim that an act or omission was caused in whole or in part by the negligence of one or more of the Released Parties or resulted from a hidden, latent or obvious defect(s) in the Premises or a RATS sponsored event.
   4. Patron, with full knowledge and acceptance of these facts and obligations, EXPRESSLY ASSUMES THE RISK of their participation in the Activities and agrees that RATS and the Released Parties shall have no liability or legal duty to Patron or the Minor(s) for the risks that Patron, individually and on behalf of the Minor(s) as parent or legal guardian, is voluntarily and expressly assuming. 

Patron further agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any claim, action or proceeding from and against all liabilities, strict liability, claims, damages, punitive damages, property damage, actions or causes of action, for or relating to Patron's and/or Minor(s) participation in any of the Activities at the Premises or a RATS sponsored event. Patron understands the safety concerns and is SOLELY RESPONSIBLE for Patron’s and the Minor(s) safety, as well as for Patron's and the Minor(s) failure to comply with the terms of this Agreement, regardless of whether the act or omission was caused in whole or in part by the negligence of one or more of the Released Parties or by hidden, latent or obvious defects at the Premises.  

Patron certifies, covenants and warrants that Patron and the Minor(s) have the skills and ability needed to carefully and competently participate in the Activities, which Patron and the Minor(s) will employ. Furthermore, Patron is not aware of any physical condition or circumstance that would prevent himself/herself from engaging safely in motorized off-road vehicle activities, and he/she is in fact qualified and able to engage safely in motorized off-road vehicle activities. Patron will not allow Minor(s) to engage in any motorized off-road vehicle activity unless Patron has personal knowledge that the Minor(s) is qualified and able to engage safely in the motorized off-road vehicle activity. 

Patron has inspected the vehicle(s) that Patron and the Minor(s) brought to the Premises or a RATS sponsored event, and Patron and Minor(s) have no knowledge of any condition that might render the vehicle(s) or Patron’s or the Minor(s)’ abilities to control the vehicle(s) in an unsafe manner in any way.

Patron certifies that Patron and the Minors have no health condition that will put Patron, the Minor(s), or others at risk while participating in the Activities. 

Patron agrees that Patron and the Minor(s) will follow all rules set forth by RATS as they relate to the Activities/Premises and further agrees to adhere to all safety standards applicable to the safe operation of any vehicle, off-road or otherwise, as set forth by the manufacturer of said vehicle.  Patron agrees to abide by all local, state and federal laws regulating the possession, distribution and consumption of alcohol and "scheduled"/controlled substances including prescription medications and Patron acknowledges that Minor(s) are not permitted to drink alcohol on the premises. Patron agrees that Patron and the Minor(s) will not operate any all-terrain vehicle, motorcycle, or any and all other types of motorized vehicle while under the influence of alcohol or a “scheduled”/controlled substance.

Patron certifies that Patron and the Minor(s) have sufficient health, accident, and liability insurance to cover bodily injury or property damage Patron and/or Minor(s) may incur while on the Premises and to cover bodily injury or property damage caused to a third party as a result of their participation in the activities described above. If Patron has no insurance for himself/herself and/or the Minor(s), Patron certifies that he/she is capable of personally paying for any and all such expenses or liability for himself/herself and the Minor(s). 

Patron hereby consents for Patron and/or Minor(s) to undergo drug and alcohol testing in the event of their involvement in an accident causing damage to person(s) or property. Patron further authorizes a collection of a urine and/or blood sample from Patron and/or Minor for testing. Patron understands and authorizes that the results of this drug and alcohol test will be made available to RATS and that RATS may utilize such results for any purpose and may make such results public.

Patron agrees that RATS may take and use photographs, video, film, and other images of Patron or the Minor(s) participating in or observing activities. Patron, individually and on behalf of the Minor(s) as legal guardian, waives the right of privacy, publicity, compensation, copyright or other rights to those images and consents to RATS using those images for any purpose of himself/herself and any Minor.

PROTECTIVE RIDING HEADGEAR REFUSAL

I, the undersigned, have been fully warned and advised by Rats Entertainment Park, LLC (hereinafter collectively referred to as “RATS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around all-terrain vehicles (“ATV’s”) or off-highway vehicles (“OHV’s”) (whether on the premises or off of the RATS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of RATS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.

I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.

The laws of the State of ARKANSAS shall govern this Agreement. Any provision, clause or term of this Agreement that is invalid, illegal or unenforceable in any respect shall be severed and be made ineffective to the extent of such invalidity, illegality or unenforceability without in any way affecting the validity, legality or enforceability of the remaining provisions and terms of the Agreement. Any lawsuit shall solely be brought in Ouachita County, Arkansas. Should RATS 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.  

I am the true and correct legal guardian of the Minor(s) listed below and have read and fully understand this Assumption of Risk, Release of Liability and Indemnity Agreement and agree personally and on behalf of the Minor(s) to be bound by its terms. Further, in consideration of the Minor(s) being permitted by RATS to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless RATS from any and all claims which are brought by, or on behalf of Minor(s), and which are in any way connected with such use or participation by Minor(s).

I agree that this document is valid for subsequent visits and participation at RATS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM WAIVING SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO ASSERT CLAIMS AGAINST, SUE OR RECOVER FROM RATS AND THE RELEASED PARTIES BOTH PERSONALLY AND ON BEHALF OF THE MINOR(S).

I sign this Agreement freely and willingly. 

This Agreement may be signed electronically.