WAIVER
CHECK 50 ENDURO RIDES
RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS
PLEASE READ CAREFULLY BEFORE PRESSING THE AGREE BUTTON. THIS IS A LEGALLY BINDING RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. BY CLICKING AGREE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY ACCEPTED ALL TERMS.
1. Participant Eligibility and Consent
The Participant, by agreeing to this waiver, confirms that they are at least 18 years old. For participants aged 12-17, this release must be signed by their parent or legal guardian (collectively referred to as "Participant").
The Participant, or the parent/guardian of a minor Participant, warrants and represents that the Participant is in good health and has no medical conditions that would endanger them or others while participating in this activity. No special instructions have been left regarding the care of the Participant.
2. Assumption of Risk
The Participant acknowledges that riding dirt bikes and engaging in enduro tours involves inherent and significant risks, including, but not limited to, serious physical injury, permanent disability, paralysis, or death. The Participant fully understands and voluntarily assumes all risks, known and unknown, associated with the activity, whether those risks result from negligence, trail and weather conditions, motorcycle condition, Participant's actions, actions or omissions of guides or other participants, or other unpredictable factors.
The Participant understands and agrees that injuries, property damage, and accidents are common and ordinary occurrences in dirt bike riding and enduro tours. The Participant voluntarily accepts and assumes full responsibility for any and all risks of injury, death, or property damage arising from participation.
3. Waiver of Liability
The Participant releases, waives, discharges, and covenants not to sue Check 50 LLC, its owners, subsidiaries, affiliates, agents, officers, directors, contractors, and employees from any and all liabilities, claims, demands, actions, or causes of action, known or unknown, whether caused by negligence or otherwise, arising out of participation in the activity.
This release includes, without limitation, any claims resulting from negligence of Check 50 LLC, its guides, or other personnel, as well as any conditions of the premises, facilities, or equipment used.
4. Indemnification
The Participant agrees to indemnify and hold harmless Check 50 LLC, its subsidiaries, affiliates, officers, directors, agents, servants, and employees from any and all claims, demands, or liabilities, including legal fees and costs, that may result from the Participant's involvement in the activity. This includes, but is not limited to, injury or damage to other persons or property caused by the Participant's actions.
5. Medical Consent and Release
The Participant authorizes Check 50 LLC, its employees, or contractors to seek medical attention for the Participant in the event of an emergency or if they deem it necessary. The Participant agrees that they shall be responsible for all medical costs and expenses incurred. The Participant further agrees to indemnify and hold harmless Check 50 LLC for any liability or costs arising from such medical treatment or transport.
6. Acknowledgment of Hazardous Activities
The Participant expressly understands that the risks involved include, but are not limited to: Changing weather conditions, existing and changing trail conditions, rocky and uneven terrain, collisions with natural and man-made objects, other riders, loss of control, mechanical failures, and the failure of Participant to ride within their own ability.
The Participant acknowledges that it is their responsibility to assess their own skills and limitations, and assumes the risk of all terrain and environmental conditions, including, but not limited to, cliffs, rocks, trees, and unexpected obstacles.
7. Legal Disputes
The Participant agrees that any and all disputes between themselves and Check 50 LLC arising out of participation in the activity, including claims for personal injury or death, shall be governed by the laws of the State of Hawaii. The Participant further agrees that exclusive jurisdiction for any dispute will lie in the state court of the county where the alleged event occurred or in the federal courts of the State of Hawaii.
8. Severability
If any portion of this agreement is found to be unenforceable, all other parts shall remain in full force and effect.
9. Binding Effect
This release shall be binding upon the Participant and their heirs, assignees, subrogors, distributees, legal representatives, and next of kin, and may be pled by Check 50 LLC as a complete bar and defense against any claim, demand, or action brought by or on behalf of the Participant.
10. Additional Representations and Warranties
The Participant represents that they have the requisite skills, qualifications, and physical condition to safely engage in the activities offered by Check 50 LLC.
The Participant further represents and warrants that they are a competent and experienced off-road rider, capable of handling the challenges and risks associated with dirt bike riding and enduro tours. The Participant acknowledges that the activities offered by Check 50 LLC require advanced riding skills, and that only those with sufficient experience should participate.
The Participant agrees to comply with all safety guidelines, equipment requirements, and instructions provided by Check 50 LLC and understands that failure to follow these guidelines may increase the risks of injury.
11. Contractual Agreement and Acknowledgment
By pressing the AGREE button, the Participant acknowledges and agrees that they have read this document in its entirety and fully understand its terms. The Participant further agrees that they are voluntarily waiving certain legal rights, including the right to sue Check 50 LLC, and that this agreement is a binding contract with legal effect.
12. Participation at Own Risk
The Participant acknowledges that they are participating in the activity at their own risk. The Participant understands that they may encounter unforeseen hazards and difficult terrain that may exceed their abilities and acknowledges that they are solely responsible for assessing these risks prior to engaging in any activity.
13. Photo and Media Release
The Participant authorizes Check 50 LLC to use photographic, video, or other recordings of the Participant for promotional purposes, and waives any rights of compensation or ownership thereto.
14. Limitation on Legal Recourse
The Participant further acknowledges and agrees that, to the fullest extent permitted by law, they waive any and all rights to bring any lawsuit or legal claim against Check 50 LLC, its employees, agents, or contractors, for any damages or injuries arising out of or related to participation in the activity, including but not limited to claims based on negligence, breach of duty, gross negligence, or any other legal theory.
The Participant agrees that their sole recourse in the event of injury or damage shall be limited to the insurance coverage, if any, carried by Check 50 LLC at the time of the incident.
15. Mechanical Failure Disclaimer
The Participant acknowledges and agrees that mechanical failures of motorcycles or other equipment are an inherent risk of dirt bike riding and enduro tours. Mechanical issues may include, but are not limited to, engine failure, tire failure, brake malfunction, suspension issues, or other mechanical defects that could cause loss of control, injury, or death.
The Participant assumes all risks associated with any mechanical failure of the motorcycle or equipment provided by Check 50 LLC, regardless of whether such failure is due to negligence, lack of maintenance, or unforeseen mechanical issues. The Participant further agrees to release, indemnify, and hold harmless Check 50 LLC, its employees, contractors, and agents from any liability arising from mechanical failure of any equipment used during the activity.
16. Assumption of Responsibility
The Participant agrees that they are solely responsible for their actions while participating in the activity. The Participant acknowledges that Check 50 LLC provides guidance and recommendations, but ultimate control and responsibility over riding and all decisions made while riding rests with the Participant.
17. Disclaimer of Warranties
Check 50 LLC makes no warranties, express or implied, regarding the safety, condition, or suitability of the facilities, equipment, or activities provided. The Participant acknowledges and agrees that they assume all risks related to the use of any equipment provided by Check 50 LLC.
18. Agreement Not to Sue for Gross Negligence
The Participant expressly agrees to waive any claims for gross negligence to the extent permitted by law. The Participant acknowledges that this waiver may limit their legal rights in the event of an injury or accident and willingly accepts these limitations.
19. Independent Contractor Disclaimer
The Participant acknowledges that certain services, including transportation, guiding, and other activities, may be provided by independent contractors. The Participant agrees that Check 50 LLC is not responsible or liable for the actions, omissions, or negligence of any independent contractor providing services during the activity.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND CLICK AGREE WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.