RELEASE OF LIABILITY
In consideration of entering upon the real property (the "Property") of Windrock Land Company (the "Company") and engaging in activities on the Property pursuant to this permit, the undersigned acknowledges, understands and agrees that he/she is assuming all risks, waiving all rights and releasing any and all claims against the Company that may arise out of the undersigned's involvement in any activity on the Property.
The undersigned acknowledges and agrees the operation and/or utilization of off-highway vehicles, motorcycles, bicycles, and other means of transportation, including hiking, on mountainous terrain involve certain potential dangers and risks that could lead to serious injury, permanent disability or death. Such dangers and risks include, without limitation, rapidly changing weather conditions, exposure to sun, rain, snow, hail, wind, lightning, falling rocks, limbs and trees, wildlife encounters, machinery and other vehicles on trails and roads, steep and unstable terrain and other unknown risks. I further understand and agree the foregoing outdoor activities are physically and mentally intense and that I should not undertake any activities with which I am unfamiliar without proper safety equipment, training and instruction. I agree to follow all laws, rules and regulations pertaining to use of the Property.
I SPECIFICALLY ACKNOWLEDGE AND AGREE THERE IS A ZERO TOLERANCE POLICY REGARDING ALCHOHOL AND/OR ILLEGAL DRUG USE ON ALL TRAILS AND ROADS OF THE PROPERTY. I UNDERSTAND AND AGREE THAT ANY VIOLATION OF SUCH POLICY MAY RESULT IN MY REMOVAL FROM THE PROPERTY, FORFEITURE OF PERMITS AND PERMANENT BANNING FROM THE PROPERTY. I UNDERSTAND AND AGREE THAT MY VEHICLE, PERSON, AND BELONGINGS MAY BE SEARCHED BY SECURITY PERSONNEL AND I HEREBY CONSENT TO SUCH SEARCHES AND AGREE TO ABIDE BY THE ZERO TOLERANCE POLICY.
I, for myself on behalf of my successors, heirs, assigns and personal representatives, do hereby release and hold harmless WINDROCK PARK, LLC, WINDROCK LAND COMPANY, SOUTHERN GRAVITY, LLC dba WINDROCK BIKE PARK their respective members, officers, directors, shareholders, owners employees and agents (collectively, "RELEASEES") with from and against any and all claims, damages, loss, injury, disability, death property damage or similar claim of any type of kind arising out of or resulting from my activities on the Property, whether caused by the negligence of these RELEASEES or otherwise, except that which is the result of gross negligence and/or wanton misconduct of RELEASEES.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to conflict of laws principles thereof. The parties agree and hereby consent to the jurisdiction of the state and federal courts located in Knox County, Tennessee. In the event of a dispute hereunder, the prevailing party in any litigation shall be entitled to recover its reasonable attorney's fees and expenses. RELEASEE HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE HEREUNDER.
RULES AND REGULATIONS
- A release form must be signed by each person (which includes vehicle operators and passengers) entering upon the Property. A COPY OF THIS FORM MUST BE CARRIED ON THEIR PERSON.
- Speed limit is 5 mph in all parking areas and 15 mph on all campground roads, Trail P-1, and the connector trail.
- Travel is limited to marked trails and must adhere to vehicle specific trail designations. Streams and stream beds shall be avoided where possible.
- Stay away from all reclaimed mined areas, active mining areas, logging operations and gas/oil facilities.
- Littering, smoking, firing of weapons, open fires, fireworks, alcohol, and illegal drug use are strictly prohibited and violators will be barred from the Property.
- Proper safety equipment must be worn. ATV, SxS, and dirt bike riders under 18 years of age must wear a helmet.
I have read this release of liability and assumption of risk agreement, fully understand that I have forfeited substantial rights by signing it and sign it voluntarily without any inducement.
I have read this release of liability and assumption of risk agreement, fully understand that I have forfeited substantial rights by signing it, and sign it voluntarily without any inducement.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE OF EIGHTEEN (18) ON THIS DATE).
This is to certify that I, as parent/guardian with legal responsibility for this minor, do consent and agree to his/her involvement in the above mentioned activities and agree to and adopt the aforementioned release as applicable to and binding upon such minor and for myself as parent or guardian, my heirs or assigns. Per T.C.A.§ 55-9-302 and § 55-52-201, et seq., any child under the age of 18 must wear a helmet meeting U. S. Dept. of Transportation standards.
For more information, please visit www.windrockpark.com