ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
The Stolen Pig Rally 2020
IN CONSIDERATION of being permitted to complete, officiate, observe, work for, or participate in any Real McCoy Trails activities (EVENT(S) or being permitted to enter for any purpose ant RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by general public is restricted or prohibited), I, for myself, my personal representatives, heirs and next of kin:
Acknowledge, agree and represent that I have or will immediately upon entering any of such RESTRICTED AREA(S) and continuously thereafter, will inspect the RESTRICTED AREA(S) which I enter. And I further agree and warrant that, if at any time, I am in or about RESTRICTED AREA(S) and I feel anything to be unsafe, I will immediately advise the officials of such and if necessary will leave the RESTRICTED AREA(S) and/or refuse to participate further in the EVENT(S).
I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE REAL MCCOY TRAILS, THE HATFIELD MCCOY RESORT INN, WINGO’S GRILL, THE REAL MCCOY PIG FARM CAMPGROUND, DONALD MCCOY, KATHY MCCOY, AND/OR THEIR CHILDREN AND/OR THEIR SPOUCES, The City of Matewan, The Pike County Fascial Court, the promotors, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators ,track owners, guides, officials, motorcycle owners, riders, pit crews, rescue personnel, any person in any RESTRICTED AREA(S), sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents, and activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, NO ONE, all for the purposes herein referred to as “Releasees,
FROM ALL LIABILAITY TO THE UNDERSIGNED”, his/her personal representatives, assigns, heirs, the next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OF RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WEETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE.
HEREBY AGREE TO IDEMNIFY AND SAVE AND HOLD HARMLESS the Releases and their insurance carrier, and each of them FROM ANY LOSS, DAMAGE, OR COST they may incur arising out of or related to the EVENT(S) WHEATHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERETY DAMAGE arising out of one related to the EVENT(S) weather caused by the NEGLIGENCE OF RELEASEES or otherwise.
HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE POTRNTIALLY VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. I also expressly acknowledge that INJURIES RECEIVED MAY BE CMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF RELEASES.
IF, DESPITE THIS RELEASE, I OR ANYONE ON MY BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASES NAMED ABOVE, I AGREE TO IDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND THEIR INSURANCE CARRIER. AND EACH OF THEM FROM ANY LITIGATION
EXPENSES, ATTORNEYS FEES, LOSS, LIABILITY, DAMAGE, OR COSTS THEYMAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE RELEASES NAMED ABOVE. WHEATHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
HEREBY agree that this Releases and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS, and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the EVENT(S) is/are conducted and that if any portion thereof is held
Invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
See the Registered / In list below
ALL RIDING IS AT YOUR OWN RISK!
NO SHOOTING OF FIREWORKS OR OTHER SUCH EXPLOSIVES ARE ALLOWED ON THE CAMPGROUNDS!!!