Mud Racing

 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Darryl & Deborah Jones, 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 "D&DJ"), I hereby agree to release, indemnify, and discharge D&DJ, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.        I acknowledge that driving a 4 wheeler in a mudpit 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: acts of other participants; contact with plants or animals; my own physical condition, or my own acts or omissions; condition of roads, trails, waterways or terrain and accidents connected with their use; consumption of food or drink; riding on uneven terrain; loss of control; collision with other vehicles, participants, trees, rocks and other manmade or natural obstacles; falls from the vehicle; exposure to the elements, extreme temperatures, inclement weather; mechanical and/or equipment problems; and unavailability of immediate medical attention in case of injury.

 Furthermore, D&DJ 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 D&DJ 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 D&DJ's equipment or facilities, including any such claims which allege negligent acts or omissions of D&DJ.

 4.     Should D&DJ 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 may have.

 6.     In the event that I file a lawsuit against D&DJ, I agree to do so solely in the state of North Carolina, and I further agree that the substantive law of North Carolina 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 D&DJ 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 its terms.

Signature of Participant ______________________________   Print Name _____________________________________  

Address________________________________City__________State_____Zip________

Phone                                                               Date ____________,2                                              

 PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

                                                                      (Must be completed for participants under the age of 18)In consideration of ______________________________________________________________________(print minor's name) (print minor's name) ("Minor") being permitted by D&DJ to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless D&DJ from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.