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RELEASE, WAIVER AND HOLD HARMLESS AGREEMENT
The undersigned member of Toledo Trail Riders Inc. (hereinafter referred to as “TTR”) (on his/her own behalf and as the parent/legal guardian of a member) or invitee, visitor or other guest of a member of TTR. (collectively referred to as “Member”) agrees to the following terms and conditions of membership:
Assumption of Risk and Waiver: Member understands and accepts the risks of engaging in any and all riding activities organized or facilitated by TTR, and understands and accepts the unpredictable nature of the trails and the hazards of surface or subsurface conditions. Member understands the resulting injuries, death, and property damage that may result from the accepted risks of engaging in all riding activities, whether off-road, trail, or track activities and is not relying on the Released Parties to this Agreement to list all possible riding-related risks. Member agrees on his/her own behalf and on behalf of his/her minor Member, to at all times be responsible for his/her personal safety, remain financially responsible for his/her medical expenses and waives his/her right to any claims arising from his/her participation in or observation of any riding activities. Member understands the risks and dangers inherent in riding and agrees to assume the risks on his/her own behalf and on behalf of the minor Member, and Member’s guests, visitors, family members, heirs, agents and assigns.
Member affirms that he/she is medically able and physically fit to participate in any event organized or facilitated by TTR and assumes all risks of such participation. Member further understands that there will not be first-aid or emergency medical treatment on-site at any event and authorizes transportation to a hospital for emergency treatment.
Release, Hold Harmless, Indemnification: Member agrees to release and hold TTR, their directors, other members, partners, subsidiaries, affiliates, agents, assistants, managers, officers, representatives, assigns, volunteers, employees, independent contractors, and others acting on their behalf (collectively “Released Parties”), harmless for any illness, injury, death, damage, or other loss (collectively “Losses”) incurred, unless directly caused by their gross negligence or wanton and willful misconduct. Member agrees to indemnify Released Parties against all Losses sustained or suffered by any person or entity (including, but not limited to, anyone a party or not a party to this Agreement), whether caused by Released Parties directly or indirectly, and which shall include the reimbursement of Released Parties’ costs, expenses and attorneys’ fees.
Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio. All disputes relating to the interpretation and enforcement of the provisions of this Agreement shall be resolved exclusively by the federal court or state court located in Lucas County, Ohio and the parties hereto hereby submit to the jurisdiction and venue of the court for such purpose.
Photographs: Member understands that he/she may be photographed, filmed or videotaped at TTR events and hereby grants organizers of any such events the right and permission to use his/her likeness and/or voice for any purpose, including commercial advertising.