In consideration of the risk of injury while participating in the event selected above (known after as “the event”), and as consideration for the right to participate in the event, I, the participant (driver, vehicle owner, and/or passenger) hereby, for myself, my heirs, executors, administrators, volunteers, owners, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive and and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the the event, and do hereby release and forever discharge ENH, LLC., located at P.O. Box 809, Hampstead, NH 03841, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participating in the aforementioned the event, including traveling to and from an event related to the the event.
In consideration for being part of the the event, the participant (vehicle owner, driver and/or passenger) agrees as follows: All rights to advertising, promotion, building, recording, existing and other exploitations of the event, the participation and vehicles entered in the the event and activities during the the event, before during and reasonably related to the event are reserved to ENH, LLC and its assigns. Participants hereby grant ENH, LLC, full and unconditional permission to make still and motion pictures and any other type(s) of audio or visual recordings of them and their vehicles participation in the events and their activities during the the event, during and after the the event and reasonably related to the the event and the exclusive, worldwide and perpetual right to use the same, together with the names, likeness and biographies of participants and the names, likeness and date of, or relating to their entered vehicles for publicly advertising, exhibition and exploration, whether or not for profit, in print, audio, video and other communications media by reproduction and sale or other distribution by any and all means.
I, the participant (vehicle owner, driver, and/or passenger) agree to refrain from the use of alcohol, recreational drugs, prescription medications, or non-prescription medications that may impair my ability to operate a motor vehicle or participate safely during the event. I agree to abide by any rules or guidelines set forth at the event and to abide by any instructions given by ENH, LLC’s owners, employees, event volunteers, event/venue staff whether or not they are employed by ENH, LLC. I agree that, if at any time during an event, ENH, LLC’s owners, employees, employees, event volunteers, or other event/venue staff whether or not they are employed by ENH, LLC, observes me, anyone in my family or passengers behaving in an unsafe manner or failing to follow event rules and guidelines, I, along with my family and/or passengers, may be removed from the event without notice and without a refund.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED EVENT AND I AM PARTICIPATING IN THE EVENT ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THE EVENT, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE EVENT LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THE EVENT.
I agree to indemnify and hold harmless ENH, LLC., other event participants, and the event venue including the event venue owner and/or event venue lessees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If ENH, LLC., incurs and of these types of expenses, I agree to reimburse ENH, LLC.
I acknowledge that ENH, LLC., and their directors, officers, owners, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of ENH, LLC.
I ACKNOWLEDGE THAT THE THE EVENT MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to , participants, volunteers, owners, spectators, coaches, event officials and event monitors, and/or procedures of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULL UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ENH, LLC., AND ALL OF ITS AFFILIATES, MANAGERS, OWNERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ENH, LLC. FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of ENH, LLC, its agents, volunteers, members, participants and owners.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the undersigned Participant, and ENH, LLC., agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
