Waiver Form

THIS IS THE WAIVER/RELEASE THAT YOU MUST UNDERSTANT AND SIGN TO ENTER BLUE HOLLOW OFF ROAD PARK

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT BLUE HOLLOW OFF ROAD PARK, LLC.

IN CONSIDERATION of being permitted to enter, for any purpose, the property owner of Gary S. Logsdon and the business operator of Blue Hollow Off Road Park, LLC, (hereinafter referred to as Blue Hollow Off Road Park and therein being defined as including, but not limited to, any and all areas designated as Blue Hollow Off Road Park, riding areas, farmlands, concessions, camping areas, and other areas appurtenant to any area where any activity shall take place) or being permitted to compete, officiate, observe, work for, volunteer, or for any purpose, participate in or attend any activity that may take place at Blue Hollow Off Road Park.

EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin, acknowledges, agrees and represents that he/she, or will immediately upon entering any of such BLUE HOLLOW OFF ROAD PARK areas, and will continuously thereafter, inspect such BLUE HOLLOW OFF ROAD PARK areas, and all portions thereof which he/she enters and with which he/she comes in contact and does further warrant that he/her entry upon such BLUE HOLLOW OFF ROAD PARK area or areas and his/her participation, if any, in the activities, constitutes and acknowledgement that he/she has inspected such BLUE HOLLOW OFF ROAD PARK areas that he/she finds and accepts the same a being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if he/she is on or about BLUE HOLLOW OFF ROAD PARK and he/she feels anything to be unsafe, he/she will immediately advise BLUE HOLLOW OFF ROAD PARK staff of such and will leave the area.

1. HEREBY RELEASES, WAIVES DISCHARGES AND COVENANTS NOT TO SUE the owners, operators, participants associations, sanctioning organization, or any subdivision thereof, interstate operator, any persons in the BLUE HOLLOW OFF ROAD PARK area, promoters, sponsors, owners, lessees or lessors of premises used to conduct BLUE HOLLOW OFF ROAD PARK and each of them, their officers and employees, and for all of the purposes herein and referred to as “releasees” from all liability to the undersigned, his/her personal representative, assigns, heirs, and 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 or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in or upon any of the BLUE HOLLOW OFF ROAD PARK areas, and/or competing, officiating in, observing, working for, or for any purpose in participating or being at BLUE HOLLOW OFF ROAD PARK.

2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in or upon any BLUE HOLLOW OFF ROAD PARK area and in any way competing, riding, officiating, observing, or working for, or for any purpose in participating, or being at BLUE HOLLER OFF ROAD PARK whether caused by the negligence of the releasees or otherwise.

3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AN RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while in or upon the areas of BLUE HOLLOW OFF ROAD PARK area and in any way competing, riding, officiating, observing, or working for, or for any purpose in participating, or being at BLUE HOLLER OFF ROAD PARK whether caused by the negligence of the releasees or otherwise.

4. FURTHER, I RECOGNIZE that the operation of Off Road Vehicles, ATV’s, and Dirt Bikes is a risky and dangerous activity, and voluntarily assume all risk of any damage, injury, or loss which may occur to me during the course of my activities related thereto.

5. FURTHER, I RECOGNIZE that the operation of Off Road Vehicles, ATV’s, and Dirt Bikes is a risky and dangerous activity, and voluntarily assume all risk of any damage or loss to any equipment used in the operation of such activities to include, but not limited to, Off Road Vehicles, ATV’s, Dirt Bikes and any and all associated equipment used in such activities related thereto.

6. FURTHER, I VOLUNTARILY ASSUME RESPONSIBILITY for my actions while upon the BLUE HOLLOW OFF ROAD PARK property or premises and I will endeavor to conduct myself in a manner consistent with the safe operations of Off Road Vehicles, ATV’s, and Dirt Bikes, and in activities thereto.

7. FURTHER, I RECOGNIZE AND ACKNOWLEDGE the fact that third parties mar or will be present on BLUE HOLLOW OFF ROAD PARK property or premises and may be engaging in the operation of Off Road Vehicles, ATV’s and Dirt Bikes, and activities related thereto during the same period of time in which I will be engaging in the same or similar activities. Further, I recognize that BLUE HOLLOW OFF ROAD PARK is not an insurer of my safety or responsible for damage incurred by me resulting from the activities of third parties during the course of our activities at BLUE HOLLOW OFF ROAD PARK.

8. FURTHER, I UNDERSTAND THAT BLUE HOLLOW OFF ROAD PARK makes no express or implied representation as to the condition of any roads, buildings, gates, construction debris, equipment, or other improvements on BLUE HOLLOW OFF ROAD PARK property in which the activities described herein will take place. I also understand that I may be exposed to other dangerous conditions, risks, and hazards on the BLUE HOLLOW OFF ROAD PARK area in questions, including, but not limited to, poisonous snakes, insects and spiders, blinds and tree stands, corrosion and general conditions of the land both on and off the roadways which may create hazardous driving and walking conditions, animals both wild and domestic, which may be diseased and or potentially dangerous, as well as deep water, unsound terrain and other potentially hazardous conditions of the BLUE HOLLOW OFF ROAD PARK area. I expressly acknowledge the existence of all such risks, hazards, and dangers to which I may be exposed to in any BLUE HOLLOW OFF ROAD PARK area.

9. IN ADDITION TO THE FOREGOING AND FOR THE SAME CONSIDERATION previously stated, I hereby voluntarily agree to indemnify, defend, protect, and hold harmless BLUE HOLLOW OFF ROAD PARK and any of its divisions, owners, officers, or employees, volunteers, lessors, for or against any and all manner of claims, causes of action, or liability arising out of any incident, injury, or damage to any other individual present at BLUE HOLLOW OFF ROAD PARK, for any reason, while I am on or about BLUE HOLLOW OFF ROAD PARK.

10. FURTHER, I UNDERSTAND that by indemnifying BLUE HOLLOW OFF ROAD PARK, should it be necessary to BLUE HOLLOW OFF ROAD PARK, or some agent thereof, to incur attorney’s fees and costs to enforce this agreement, or any portion thereof, I voluntarily agree to pay BLUE HOLLOW OFF ROAD PARK, or any of its agents, reasonable costs and attorney’s fees arising there from.

11. FURTHER, I CERTIFY that I have sufficient health, accident and liability insurance to cover any bodily injury or property damage caused to a third party, or myself, as a result of my participation in the aforementioned activities. If I have no insurance, I am certifying that I am capable of personally paying any and all such expenses and liabilities.

EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the riding, activities, and/or racing events are very dangerous and involve the risk of serious injury and/or death, and/or property damage. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be a broad and inclusive as is permitted by the laws of the State of Kentucky in which BLUE HOLLOW OFF ROAD PARK is 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

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WIAVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.