THIS IS A RELEASE OF LIABILITY –
READ CAREFULLY BEFORE SIGNING THIS DOCUMENT -IT IS A BINDING AGREEMENT
WAIVER AND RELEASE OF LIABILITY
In consideration of RICKY COLIN OVERTON AS TRUSTEE FOR OVERTON CORPORATE TRUST (’the owner”) TRADING AS OVERCORP GROUP (“Overcorp”) of Lot 3 Bar Road Googa Creek, Crows Nest (“the property”) enabling me access to the property as an invited guest for the purpose of Eventure activity, camping or riding a motorcycle, hiking or participating in other off-road or water activities on the property, I agree as follows:
I understand and acknowledge that:
a) risks and dangers exist in participating in hiking and any off-road activities, including motorcycling on the property, swimming or kyaking in the dams;
b) Overcorp and the owner are not responsible for the inspection or safety of the property for the purpose of the activity that I wish to participate in. It is my responsibility to identify and inspect the area that I intend to participate in an activity in order to ensure that it is safe for the purpose of the activity that I wish to participate in.
c) my participation in such activities and/or use of a motorcycle may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, total paralysis, death or other ailments that could cause serious disability;
d) these risks and dangers are not caused by the negligence of the managers, officers or agents of Overcorp or the owner of the property;
e) By my participation in such activities and or use of a motorcycle, I HEREBY ASSUME ALL RISKS AND DANAGERS AND TAKE RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES, whether caused in whole or in part negligence or other conduct of any agents, officers of Overcorp and the owner.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to discharge, hold harmless, defend and indemnity Overcorp and the owner and any associates/agents from all claims, suits, or causes of action for bodily injury or property damage or otherwise which may arise out of my participation in these activities, which include but are not limited to motorcycle riding, hiking or other activities.
I specifically understand that I am waiving and forever releasing and discharging Overcorp and the owner from any and all claims or causes of action that I may have which may arise in the future. This waiver and release is effective for all acts, negligent or otherwise by Overcorp and the owner.
I have read this waiver and release of liability and assumption of risk and fully understand its terms, understand that I have given up substantial rights signing it, and sign it freely and voluntarily without any inducement.
I provide and accept responsibility for the motorcycle I bring and if providing my own transport to the property warrant that to the vehicle is lawfully registered, maintained and insured, and that I have no knowledge of any condition that might render the motorcycle or vehicle is unsafe in any way. Additionally, I certify that I am physically and mentally healthy and have no condition that will put me at risk while participating in any activities as described herein and are of the age of eighteen and lawfully able to sign and acknowledge this agreement and waiver myself.
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