General Release and Liability Waiver – BTB Innovations production of Bestoff-road.com Independence Run July 5th – 7th at Moab, UT.
Registering for Bestoffroad.com 2024 General Release - 07/04/2024 9:00 AM - 07/07/2024 11:30 PM
ASSUMPTION OF RISK, RELEASE AND LIABILITY WAIVER
This Event may involve serious risk of injury. I understand that by signing this form, I am giving up the right to sue ifI am injured while participating in this event.
Important Notice
Rock Crawling, trail riding, and driving offroad is an inherently dangerous task. Each participant assumes that riskwhen he or she participates in the BTB Innovations and Bestoff-road.com event. The risk of serious injury or death cannot be eliminated and, infact, will always be present at a high level. Participants are urged to advise their spouses and next of kin, if any, ofthis fact. By participating, all participants, both passenger(s) and driver, agree to the following.
In consideration of being permitted to participate in any event sponsored, promoted, or directed by
BTB Innovations and Bestoffroad.com, the participant for himself/herself, his/her personal representatives, heirs, andnext of kin, hereby releases the entity, all land owners, and their respective officers, guides, directors, promoters,sponsors, employees, agents, government agencies and volunteers (“releasees”) of all liability to the participant,whether caused by negligent act or omission of releasees or otherwise, while the undersigned is for any purposeparticipating in such event. It is fully understood by each of the participants that there is some inherent riskassociated with this event, including damage to vehicles and injury or death to the individual or others.
In addition, the Participant agrees to indemnify and hold harmless the releasees from any loss, liability, damage, orcost they incur due to such participation by the participant, whether caused by releasees’ negligence or otherwise,and agrees to assume full responsibility and risk for bodily injury, death, or property damage from releasees’negligence or otherwise while the participant is participating in this event.
As lawful consideration for being permitted by BTB Innovations, LLC. and Bestoff-road.com and/or any of its affiliate edentities (collectively, “Bestoff-road.com Independence run”) to participate in and/or attend (“Participate”) the Bestoff-rod.com Independence Run 2024 General Release- 07/04/2024 9:00 AM - 07/07/2024 11:30 PM at Moab, UT, at Moab Ut and Moab UT OHV(together with all related activities, the “Event”), I agree to this Assumption of Risk, Release and Liability Waiver(“Release”) and to the following:
1. I Understand And Assume All Risk Involved In Participating In The Event. I, [FIRST NAME][LAST NAME], haveknowledge of what the Event involves. I understand that the Event and related activities may be physically andmentally intense. I understand and accept that Participating in the Event may involve dangerous activities, thedanger of encountering known and unknown risks, and significant risk of SERIOUS BODILY INJURY, illness,disability, emotional trauma, damage to property and/or DEATH (“Injuries”). I represent that I am physically fit, ingood health, and have no physical or mental problems that might prevent me from safely participating in the Event,and I am sufficiently trained and experienced enough to understand the risks involved in the Event. I accept andassume full responsibility for all risks associated with the Event, from any cause including, without limitation,negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training,failure to supervise and failure to warn of potential risks. I understand that these risks may be caused by Independence Run and Bestoffroad.com,other participants, myself, spectators or other third persons.
2. I Understand Bestoffroad.com Can Disqualify And/Or Restrict My Participation. I agree to at all times maintain mybehavior in accordance with all applicable laws and generally accepted social practices. I agree that Bestoff-road.com hasthe right, in its sole discretion, to at any time disqualify, remove me from or restrict my participation in the Event orany related activities or decline to award me any prize or other benefit: (i) if my behavior is at any point disruptive,may or does cause damage to person, property or the reputation of BTB Innovations and Bestoff-road.com, or violates any applicable laws orpolicies; (ii) if based on my past behavior, Bestoff-road.com determines that I may be disruptive or cause damage toperson, property or the reputation of BTB Innovations and Bestoff-road.com; or (iii) for any lawful reason.
3. Liability Waiver, Release And Promise Not To Sue. I, (and, if applicable, my Parent as defined in the attachedParental Consent Form) on behalf of myself and each of my successors, heirs and assigns, unconditionally andirrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims,demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively,“Claims”), that I may incur or have against Bestoff-road.com, its parent, affiliates, Event production companies,landowners/lessors (including but not limited to the State of Utah, the Utah Department of Transportation, theBureau of Land Management, The United State Government, and the State of Utah School and Institutional TrustLands Administration), agents, contractors of the Event locations, hosts, sponsors, advertisers and each of theirrespective owners, officers, shareholders, directors, employees, agents, board(s) of trustees and beneficiaries(“Released Parties”), arising from or related to my Participation in the Event, eligibility, receipt and/or use of anyprizes, travel, awards or other benefits related to the Event, including, without limitation, any Claims arising from orrelated to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other thirdparties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazardsknown or unknown; (iv) any defect in or failure of the operation, installation, manufacture, and/or design of anyequipment, stage sets, or wardrobe; (v) the conditions on or about the Event premises; (vi) the breach of anyimplied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weatherconditions; and/or (ix) any other operations associated with the Event, and, with respect to each of the foregoing,whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any othertheory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise,and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referredto as the “Released Claims”).
4. Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremelycontagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposureto COVID-19 and/or any other communicable disease in any place where people are present; (b) no precautions,including the protocols that will be implemented from time to time by the Released Parties and/or third parties(including, but not limited to, federal and state governmental agencies) (collectively, the “Protocols”), can eliminatethe risk of exposure to COVID-19 and/or other communicable diseases; (c) while people of all ages and healthconditions can be and have been adversely affected by COVID-19, according to public health authorities (i) peoplewith certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, peoplewith chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease,compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sicklecell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increasessteadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse,family members, and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantinerequirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age orhealth condition. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TOMY PARTICIPATION IN THE EVENT, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESSAND/OR ANY COMMUNICABLE DISEASE (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY,DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULTFROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASED PARTIES (AS DEFINEDBELOW), OR OTHER THIRD PARTIES. I ACCEPT PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES,LIABILITY, AND OTHER LOSSES THAT I OR ANY OF MY RELATED PERSONS MAY INCUR IN CONNECTION WITHTHE FOREGOING RISKS.
5. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the CaliforniaCivil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “AGENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOTKNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWNBY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR OR RELEASEDPARTY.”
6. Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I (and, if applicable, my Parent)agree to defend (at Bestoff-road.coms request), indemnify and hold harmless each of the Released Parties from andagainst any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a)any breach or alleged breach of this Release; (b) my Participation in the Event, including, without limitation: (i) anyInjuries to me; (ii) any Injuries to third parties directly or indirectly arising from my Participation in the Event; and (iii)and any other loss or damage that I may directly or indirectly cause to any real or personal property.
7. Consent To Medical Care. I (and, if applicable, my Parent) authorize each of the Released Parties to call formedical care for me or to transport me to a medical facility at my expense if medical attention is needed. I (and, ifapplicable, my Parent) also authorize any physician or other medical provider or facility to provide any emergencymedical/surgical care. I (and, if applicable, my Parent) acknowledge and agree that none of the Released Parties isunder any legal obligation to render assistance to me.
8. BTB INNOVATIONS AND BESTOFF-ROAD.COM OWNS THE EXCLUSIVE RIGHT TO USE MY NAME AND LIKENESS FROM THIS EVENT FORCOMMERCIAL AND NON-COMMERCIAL USE. I irrevocably grant to BTB Innovations and Bestoff-road.com its parent, its affiliates, and each oftheir licensees, successors and assigns, and each of the authorized photographers and/or filmers acting on theirbehalf (“Bestoff-road.com”), without additional compensation, the unrestricted right to videotape, film, portray andphotograph me and my actions and record my voice and other sound effects while I am present at the Event. Iirrevocably grant to BTB Innovations and Bestoff-road.com the right to use my name, image, likeness, voice and biography for any purpose andin any manner, including, without limitation, in connection with the distribution, advertising, promotion, commercialtie-in or other ancillary exploitation of the Event, Bestoff-road.com’s (and/or its affiliated companies’) products, and anyprogramming related thereto, in whole or in part, in all media and by all means now known or hereafter devised andin all languages, throughout the universe in perpetuity. My Participation in the Event along with any pictures, videofootage or other recordings I may capture while participating in practice for or competition during the Event,including, without limitation, any footage captured with a “POV” camera regardless of its origin (collectively, the“Proceeds,”), will be deemed a “work-made-for-hire” specially commissioned by Bestoff-road.com within the meaning of allapplicable laws and, accordingly, BTB Innovations and Bestoff-road.com will be the sole and exclusive owner thereof for all purposes. To theextent necessary to vest all of the rights in the Proceeds in Bestoff-road.com, I hereby irrevocably assign to BTB Innovations and Bestoff-road.com all ofmy right, title and interest of every kind or nature which I may have or hereafter acquire in the Proceeds.
9. Personal Footage. I agree that during the Event, I will not wear a camera which is not supplied by BTB Innovations and Bestoff-road.comunless specially approved by BTB Innovations and Bestoff-road.com in advance. I reserve the right to refuse to wear a camera if I decide wearingone would hinder my performance. If I keep or receive any print, negative, tape or other copy of any of theProceeds, I agree I will retain it for my personal use only, and will not license or authorize its use by anyone else forcommercial or private purposes. Bestoff-road.com may, in its sole discretion, provide me with certain still images orfootage of my performance (including footage shot on any “POV” camera I may wear) (collectively, “Footage”) onthe terms of a limited, non-exclusive and non-transferable license (“License”) to use such Footage strictly on mypersonal social media pages or accounts (e.g., YouTube, Vimeo, Instagram), subject to the following terms andconditions: (a) my use of the Footage will be at my own risk, and Bestoff-road.com is not making any representations orwarranties with respect to the Footage; (b) I will not use the POV Footage in any way that tends to disparage,denigrate, tarnish or reflect adversely on Bestoff-road.com or Bestoff-road.com’s events, athletes, and/or products; (c) I will notdeface, blur, cover, remove, black out or otherwise alter any Bestoff-road.com logos or marks that may appear in the POVFootage; (d) I acknowledge that this License and/or my use of the Footage does not affect Bestoff-road.com’s continuedownership of the Footage, including all elements and components thereof and relating thereto; (e) I may notlicense, sell, or otherwise transfer the Footage or any elements therein to any third party (including, withoutlimitation, to any of my sponsors) without written preapproval by an authorized representative of Bestoff-road.com; and (f)I acknowledge that this License is granted in a certain spirit of collaboration, and in the event Bestoff-rpad.com reasonablybelieves that I have breached this License or that I am using the Footage in a way that violates that spirit, I agreethat Bestoff-road.com may terminate this License and I will cease all use of the Footage.
10. Performance Data. By Participating in this Event, I agree that Bestoff-road.com may collect data about me and myperformance, including my age, gender, height, weight, speed, heart rates, airtime, G-forces, positioning data andother demographic and/or physiological data (“Performance Data”), and that Bestoff-road,com may store, process, use,analyze and share such Performance Data.
11. Arbitration. I (and, if applicable, my Parent) unconditionally and irrevocably agree on behalf of myself and eachof my successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims,including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by asingle arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules in accordanceof the Utah State Law then in effect. In addition, all questions regarding the arbitrability of the dispute, includingwhether I have agreed to arbitrate the dispute, shall be decided by such arbitration. I acknowledge and understandthat by agreeing to resolve any and all such disputes by arbitration, I am giving up and waiving my right to file alawsuit in court and have such dispute(s) resolved by a judge or a jury. All arbitration shall take place in Hurricane,Utah. I irrevocably and unconditionally consent to personal jurisdiction in Utah and venue in Washington Country, inany action, including without limitation, petitions to compel arbitration and to enforce that arbitration award,concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall befinal and binding, and may be entered in any competent court.
12. Miscellaneous. This Release, including the Parental Consent, Assumption of Risk, Release Liability Waiver andGuarantee (“Parental Consent”) attached hereto, shall be governed by, and construed in accordance with, the lawsof the State of California without giving effect to the principles of conflicts or choice of laws. This Release,including the Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will bebinding upon each of my heirs, successors and assigns. If any provision of this Release, including the ParentalConsent attached hereto, be held to be invalid, illegal or unenforceable, such provision will be curtailed and limitedonly to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability ofthe remaining provisions of this Release will not in any way be affected or impaired thereby.
I acknowledge and understand that this Release is an important legal document, and by signing this document Iam waiving substantial legal rights I may otherwise have to recover damages for Injuries or losses, and sign itvoluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed bylaw.
Each participant acknowledges and represents the following while participating:
1 – That he or she has read the foregoing release and waiver of liability and indemnity agreement.
2 – That he or she does at all times, while riding in a vehicle participating in an event, wear his or her respectivesafety harness.
3 – That the owner/driver certifies that he or she has inspected this vehicle and that the same certifies it to be inproper mechanical condition for participation in off-road and rock crawl driving type events.
4 – That the owner/driver has informed himself/herself about the event, either by prior participation or byinvestigation into the event and especially BTB Innovations and Bestoff-road.com.
5 – That the driver or any other person(s) in a vehicle participating in any BTB Innovations and Bestoff-road.com event, may choose to bypassany obstacle and, therefore, assumes all risk and liability, as indicated above.
Please Be Aware:
Although safety is generally everyone’s concern and certainly the highest priority of BTB Innovations and Bestoff-road.com, the ultimateresponsibility rests on the participants. Participants can, at any time, choose to bypass any obstacle or area wherethey feel uncomfortable or unsafe driving.