This Release and Waiver of Liability (“Agreement”) is executed by the undersigned
participant (“Participant”) in favor of ASFIR Inc. and Ozark Overland Adventures, and
each of their respective owners, officers, directors, employees, agents, contractors,
affiliates, sponsors, and representatives (collectively, the “Released Parties”).
1. Insurance Requirement. Participant represents and warrants that they
maintain a valid and current personal automobile insurance policy that
provides coverage for the vehicle, driver, and any passengers. Participant
acknowledges that the Released Parties do not provide any insurance
coverage for participants, vehicles, or occupants, and Participant assumes
full responsibility for ensuring adequate coverage is in place.
2. Acknowledgment and Assumption of Risk. Participant acknowledges that
participation in off-road trail riding and related activities in Moab, Utah—including
but not limited to vehicle operation, convoy travel, navigation, terrain hazards,
weather conditions, mechanical failure, recovery operations, and remote
locations—carries inherent risks, INCLUDING SERIOUS INJURY, DEATH, OR
PROPERTY DAMAGE. PARTICIPANT VOLUNTARILY AND KNOWINGLY
ASSUMES ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN.
3. Release of Liability. To the fullest extent permitted by law, Participant hereby
releases, waives, and discharges the Released Parties from any and all claims,
demands, causes of action, damages, losses, or liabilities of any kind, whether
arising from the negligence of the Released Parties or otherwise, related to or
arising out of Participant’s involvement in the event, including any activities
occurring before, during, or after the trail ride, and whether on or off designated
trails.
4. Indemnification and Hold Harmless. Participant agrees to indemnify, defend, and
hold harmless the Released Parties from any and all claims, damages, costs, or
expenses (including attorneys’ fees) arising from or related to Participant’s
participation, conduct, or actions, including claims brought by third parties.
Responsibility for Vehicle and Conduct. Participant is solely responsible for the
safe operation, condition, and maintenance of their vehicle and equipment.
Participant agrees to comply with all applicable laws and to follow reasonable
instructions or guidance provided by ASFIR Inc., Ozark Overland Adventures, or
their representatives, while acknowledging that such guidance does not eliminate
risks.
6. No Duty to Supervise. Participant acknowledges that the Released Parties do not
guarantee safety conditions and may not supervise all aspects of the activity. Any
trail leadership, guidance, or assistance provided does not create a duty to ensure
Participant’s safety.
7. Medical Authorization. Participant consents to receive emergency medical
treatment if deemed necessary and agrees to be responsible for any associated costs.
8. Binding Effect. This Agreement is binding upon Participant and their heirs,
executors, administrators, assigns, and personal representatives.
9. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Utah.
10. Severability. If any provision of this Agreement is held invalid or unenforceable,
the remaining provisions shall remain in full force and effect.
11. Acknowledgment of Understanding. Participant acknowledges that they have read
this Agreement, understand its terms, understand that they are giving up substantial
legal rights (including the right to sue), and sign it voluntarily.