Waiver
Poker Run Terms and Conditions
I understand that in exchange for, and as a condition to, my participation in the activities of the Spooktacular Poker Run I accept any risks involved in participation as well as all liability and agree to release and hold harmless, Nye County SxS, Pahrump Disability Outreach Program (“PDOP”), And JGR LLC their agents, the land owners and), it’s officers, directors, employees, volunteers, and managers (hereafter collectively “PROMOTERS”); the United States, the State of Nevada, its cities and towns, counties, and municipalities (hereafter collectively “CITIES”); the sponsors, co-sponsors, contingency sponsors and officials of the event (hereinafter collectively “SPONSORS”), from responsibility to me, my heirs, executors and assigns for any damages to my property or injuries to my person. I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estates. Further, it is my intention that this release is extended to my use of the related facilities including but not limited to, my use of the course and any related facilities or activities.
I UNDERSTAND THAT OFF ROAD DRIVING IS A DANGEROUS ACTIVITY. I ALSO KNOW THAT IN PARTICIPATING IN THE SPOOKTACULAR POKER RUN, I AM EXPOSING MYSELF TO THE POSSIBILITY OF SERIOUS INJURY AND DEATH TO MY PERSON AND PROPERTY. I VOLUNTARILY ACCEPT THESE RISKS.
I do hereby for myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estates, AGREE with Nye County SxS, Pahrump Disability Outreach Program, JGR LLC and the land owners and managers as follows:
1) I RELEASE Nye County SxS, Pahrump Disability Outreach Program, JGR LLC, the land owners and managers, their officers, agents, assignees, and employees, the events PROMOTERS, CITIES, and SPONSORS, and related personnel, FROM ANY AND EVERY CLAIM OF RIGHT OF ACTION OF ANY KIND OR NATURE, WHICH ARISES OUT OF, OR RESULTS FROM MY PARTICIPATION IN THE EVENT AND MY USE OF ANY AND ALL RELATED FACILITIES, INCLUDING BUT NOT LIMITED TO, THE USE OF THE COURSE AND SUCH RELATED FACILITIES.
2) I also agree to defend, indemnify, and hold harmless, PROMOTERS, CITIES, and SPONSORS from all such claims or rights of action, as well as, any cost, loss or expense, including attorney’s fees, in any way related to or arising out of those claims or rights of action.
3) I intend that the release, indemnify and hold harmless described in the preceding paragraphs shall cover any claim or demand for injury to or death of any person or any damage or any destruction of any property, including but not limited to, injury to me or my property. My release, indemnify and hold harmless SPECIFICALLY INCLUDES INJURY, DAMAGE, AND DESTRUCTION TO PERSONS, PERSONS OR PROPERTY WHICH MY ARISE OUT OF OR BE CLAIMED TO ARISE OUT OF NEGLIGENT ACTS/OR OMISSIONS OF THE “PROMOTERS” THE “CITIES” AND THE “SPONSORS,” OF THE SPOOKTACULAR POKER RUN.
4) I do not, by signing this waiver, indemnification and release, release anyone from any damage I suffer from intentional acts designed to harm, either me or my property. I DO RELEASE THE “PROMOTER” THE “CITIES”, AND “SPONSORS,” from liability that might be imposed on them by law for such acts of others that they have not directed, adopted, or ratified.
5) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. Further certify that I am willing to assume the risk of any medical or physical condition I may have.
6) In the event that I file a lawsuit against the PROMOTERS, CITIES, or SPONSERS. I agree to do so solely in the State of Nevada, and I further agree that the substantive law of that state shall apply in that action without regards to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7) I agree to abide by the safety instructions posted, staying on the posted route, and abiding by all traffic laws especially when traveling on or across roadways.
8) I understand that off road driving / riding involves additional risks than those associated with driving a vehicle on a roadway, and that this event has risks that cannot by fully avoided due to the nature of the activity. These risks include, but are not limited to:
a. Slipping, falling, being ejected from the vehicle in an uncontrollable manner that results in physical injury;
b. Bumping into, colliding, or otherwise making contact with other vehicles, rocks, dirt branches, bushes, wildlife, or other objects in a manner that results in physical injury to my person or my property;
c. Being struck by flying or falling objects of any kind;
d. Injuries due to equipment failure, trail deterioration, disturbance, natural and unnatural hazards, and other mishaps related to the trail and other drivers and their equipment;
e. This is an outdoor event so may be subject to inclement weather, sunburn, heat stroke, or dehydration;
f. Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity; Injuries including but not limited to burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.
9) I acknowledge that I am not under the influence of alcohol or drugs, and will nor consume alcohol of drugs while on the Spooktacular Poker Run course;
10) I acknowledge that I do not have any pre-existing conditions that would put me at risk for riding. I understand that the operator is not responsible for determining your condition or ability.
11) I authorize PROMOTERS, CITIES, and SPONSERS to use pictures or videos of me or my child(ren) participating the Spooktacular Poker Run or any of its affiliated events during the 2 day Spooktacular Poker Run Event in promoting the instant Spooktacular Poker Run Event or future events.
I have read the forgoing waiver, indemnification and release and fully understand that no officer, employee or other agent of the “PROMOTER” AND THE “CITIES” AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, THE EVENT PRODUCER, SPONSORS, CO-SPONSORS, AND CONTINGENCY SPONSORS, is or are authorized to vary any item or provision of this instrument or make any representation contrary to the above, and I should not reply on such variance or representation.
*I DECLARE THAT I POSSESS THE STANDARD COMPETENCE NECESSARY AND AM PHYSICALLY FIT TO PARTICIPATE IN AN EVENT OF THIS TYPE for which entry relates and that the vehicle entered is OFF-ROAD WORTHY. I hereby certify that I have read this entry form, and I understand its entire contents. I also certify that I agree and shall comply with all rules and regulations set forth for this event. I shall not allow anyone, other than the undersigned entrant(s) to participate in this event or to drive the vehicle which I(we) the undersigned have entered.
In the event that weather or other ACTS OF GOD occur the course may be re-routed or changed.
By signing below, I acknowledge that if anyone is hurt or property is damaged during my participation or my child(ren)’s participation in this activity, I may be found by a court of law to have waived any right to maintain a lawsuit against PROMOTERS, CITIES, and SPONSORS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.
I understand that in exchange for, and as a condition to, my participation in the activities of the Spooktacular Poker Run I accept any risks involved in participation as well as all liability and agree to release and hold harmless, Nye County SxS, Pahrump Disability Outreach Program (“PDOP”), And JGR LLC their agents, the land owners and), it’s officers, directors, employees, volunteers, and managers (hereafter collectively “PROMOTERS”); the United States, the State of Nevada, its cities and towns, counties, and municipalities (hereafter collectively “CITIES”); the sponsors, co-sponsors, contingency sponsors and officials of the event (hereinafter collectively “SPONSORS”), from responsibility to me, my heirs, executors and assigns for any damages to my property or injuries to my person. I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estates. Further, it is my intention that this release is extended to my use of the related facilities including but not limited to, my use of the course and any related facilities or activities.
I UNDERSTAND THAT OFF ROAD DRIVING IS A DANGEROUS ACTIVITY. I ALSO KNOW THAT IN PARTICIPATING IN THE SPOOKTACULAR POKER RUN, I AM EXPOSING MYSELF TO THE POSSIBILITY OF SERIOUS INJURY AND DEATH TO MY PERSON AND PROPERTY. I VOLUNTARILY ACCEPT THESE RISKS.
I do hereby for myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estates, AGREE with Nye County SxS, Pahrump Disability Outreach Program, JGR LLC and the land owners and managers as follows:
1) I RELEASE Nye County SxS, Pahrump Disability Outreach Program, JGR LLC, the land owners and managers, their officers, agents, assignees, and employees, the events PROMOTERS, CITIES, and SPONSORS, and related personnel, FROM ANY AND EVERY CLAIM OF RIGHT OF ACTION OF ANY KIND OR NATURE, WHICH ARISES OUT OF, OR RESULTS FROM MY PARTICIPATION IN THE EVENT AND MY USE OF ANY AND ALL RELATED FACILITIES, INCLUDING BUT NOT LIMITED TO, THE USE OF THE COURSE AND SUCH RELATED FACILITIES.
2) I also agree to defend, indemnify, and hold harmless, PROMOTERS, CITIES, and SPONSORS from all such claims or rights of action, as well as, any cost, loss or expense, including attorney’s fees, in any way related to or arising out of those claims or rights of action.
3) I intend that the release, indemnify and hold harmless described in the preceding paragraphs shall cover any claim or demand for injury to or death of any person or any damage or any destruction of any property, including but not limited to, injury to me or my property. My release, indemnify and hold harmless SPECIFICALLY INCLUDES INJURY, DAMAGE, AND DESTRUCTION TO PERSONS, PERSONS OR PROPERTY WHICH MY ARISE OUT OF OR BE CLAIMED TO ARISE OUT OF NEGLIGENT ACTS/OR OMISSIONS OF THE “PROMOTERS” THE “CITIES” AND THE “SPONSORS,” OF THE SPOOKTACULAR POKER RUN.
4) I do not, by signing this waiver, indemnification and release, release anyone from any damage I suffer from intentional acts designed to harm, either me or my property. I DO RELEASE THE “PROMOTER” THE “CITIES”, AND “SPONSORS,” from liability that might be imposed on them by law for such acts of others that they have not directed, adopted, or ratified.
5) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. Further certify that I am willing to assume the risk of any medical or physical condition I may have.
6) In the event that I file a lawsuit against the PROMOTERS, CITIES, or SPONSERS. I agree to do so solely in the State of Nevada, and I further agree that the substantive law of that state shall apply in that action without regards to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7) I agree to abide by the safety instructions posted, staying on the posted route, and abiding by all traffic laws especially when traveling on or across roadways.
8) I understand that off road driving / riding involves additional risks than those associated with driving a vehicle on a roadway, and that this event has risks that cannot by fully avoided due to the nature of the activity. These risks include, but are not limited to:
a. Slipping, falling, being ejected from the vehicle in an uncontrollable manner that results in physical injury;
b. Bumping into, colliding, or otherwise making contact with other vehicles, rocks, dirt branches, bushes, wildlife, or other objects in a manner that results in physical injury to my person or my property;
c. Being struck by flying or falling objects of any kind;
d. Injuries due to equipment failure, trail deterioration, disturbance, natural and unnatural hazards, and other mishaps related to the trail and other drivers and their equipment;
e. This is an outdoor event so may be subject to inclement weather, sunburn, heat stroke, or dehydration;
f. Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity; Injuries including but not limited to burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.
9) I acknowledge that I am not under the influence of alcohol or drugs, and will nor consume alcohol of drugs while on the Spooktacular Poker Run course;
10) I acknowledge that I do not have any pre-existing conditions that would put me at risk for riding. I understand that the operator is not responsible for determining your condition or ability.
11) I authorize PROMOTERS, CITIES, and SPONSERS to use pictures or videos of me or my child(ren) participating the Spooktacular Poker Run or any of its affiliated events during the 2 day Spooktacular Poker Run Event in promoting the instant Spooktacular Poker Run Event or future events.
I have read the forgoing waiver, indemnification and release and fully understand that no officer, employee or other agent of the “PROMOTER” AND THE “CITIES” AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, THE EVENT PRODUCER, SPONSORS, CO-SPONSORS, AND CONTINGENCY SPONSORS, is or are authorized to vary any item or provision of this instrument or make any representation contrary to the above, and I should not reply on such variance or representation.
*I DECLARE THAT I POSSESS THE STANDARD COMPETENCE NECESSARY AND AM PHYSICALLY FIT TO PARTICIPATE IN AN EVENT OF THIS TYPE for which entry relates and that the vehicle entered is OFF-ROAD WORTHY. I hereby certify that I have read this entry form, and I understand its entire contents. I also certify that I agree and shall comply with all rules and regulations set forth for this event. I shall not allow anyone, other than the undersigned entrant(s) to participate in this event or to drive the vehicle which I(we) the undersigned have entered.
In the event that weather or other ACTS OF GOD occur the course may be re-routed or changed.
By signing below, I acknowledge that if anyone is hurt or property is damaged during my participation or my child(ren)’s participation in this activity, I may be found by a court of law to have waived any right to maintain a lawsuit against PROMOTERS, CITIES, and SPONSORS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.
