MEMBERSHIP INFORMATION FORM

Transcription

1 MEMBERSHIP INFORMATION FORM ADULT MINOR Applicant herby applies for an Membership at Freedom MX. Upon becoming a Member of Freedom MX, Applicant agrees to be bound by the rules and regulations set forth by Freedom MX, LLC. Freedom MX reserves the right to refuse or deny any Membership Applicant for any reason. Date: ADDRESS: CITY: STATE ZIP: PHONE: CELL PHONE: Newsletter EMERGENCY CONTACT(S): PHONE(S): OTHER CHILDREN / FAMILY MEMBERS (if applicable)

2 FREEDOM MX, LLC 2019 ANNUAL MEMBERSHIP CONTRACT (ADULT) LIABILITY RELEASE AND INDEMNITY AGREEMENT PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY SIGNING THIS DOCUMENT, YOU COULD BE RELEASING VALUABLE RIGHTS Welcome to Freedom MX, LLC riding facility. Riding dirt bikes, pit vehicles, ATV s, UTV's, etc. and participating in action sports can and are extremely dangerous, can cause injury and even death. Safety is everyone s responsibility. The rules attached to this Agreement as Appendix A apply to EVERYONE and must be obeyed by EVERYONE, including rider participants, spectators and minor children, so please follow all park and track rules at all times. I,the undersigned, in consideration of my entry into the premises known as Freedom MX Park or Freedom Motocross Park (hereinafter referred to as the Premises ) and/or participation in any event or activity at the Premises, including, but not limited to, camping, motocross practice, participation in organized motocross events, watersports, off road activities, outdoor activities, instruction associated with those activities, or the use of the Premises and/or equipment and/or property, including, but not limited to, the parking areas, campgrounds, tracks, trails, and clubhouse facilities (hereinafter collectively referred to throughout this Agreement as the Activities ), understand and agree to the following: 1. I,, AGREE AND UNDERSTAND THAT THE ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES. I FURTHER UNDERSTAND THAT, EVEN THOUGH I MAY NOT BE A PARTICIPANT IN ANY OF THE ACTIVITIES, JUST BY ENTERING THE PREMISES AND BEING IN CLOSE PROXIMITY TO THE ACTIVITIES, I MIGHT BE EXPOSED TO DANGER, INJURY AND/OR DEATH. I AM GOING TO VOLUNTARILY ENTER THE PREMISES AND/OR PARTICIPATE IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ASSUME ANY AND ALL RISKS OF DAMAGE, INJURY OR DEATH. 2. I understand and agree that wherever it is used in this document the term "Freedom MX" means: (a) Freedom MX, LLC; and (b) all its owners, members and parent or subsidiary corporations.; and (c) all the people who work for Freedom MX, LLC ; and (d) all of the people who are owners, members, officers or directors Freedom MX, LLC; and (e) all sponsors of any event or activity associated with Freedom MX, LLC.; and (f) all promoters of any event or activity held at the Premises; and (g) all instructors, equipment operators, staff or personnel who provided training or assistance to me at or on the Premises, and (h) the owners of the equipment used at the Premises, and (i) the owners of the facilities located at the Premises; and (j) the designers or builders of any track, trail, obstacle, aspect or feature of the Premises, and (k) all contractors or subcontractors retained by or on behalf Freedom MX, LLC. to provide any product or service to Freedom MX, LLC; (l) the business known as Freedom MX; and (m) all agents, representatives and assigns of Freedom MX, LLC. 3. a) I,, on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, agree to WAIVE and GIVE UP THE RIGHT TO MAKE A CLAIM AGAINST, TO SUE, TO ATTACH THE PROPERTY OF, OR TO PROSECUTE Freedom MX if I am injured or killed or sustain any damages as a result of my participation in in the Activities. I AGREE AND UNDERSTAND THAT I AM HERE AND NOW WAIVING AND GIVING UP MY RIGHTS TO MAKE A CLAIM AGAINST, TO SUE, TO ATTACH PROPERTY, OR OTHERWISE PROSECUTE FREEDOM MX FOR ANY INJURIES, DEATH OR DAMAGES THAT MY ARISE FROM ANY EVENT OR EVENTS THAT HAVE NOT YET OCCURRED AND THAT MAY OCCUR IN THE FUTURE AND THIS WAIVER OF MY RIGHTS TO MAKE ANY CLAIM AGAINST, TO SUE, TO ATTACH PROPERTY, OR OTHERWISE PROSECUTE FREEDOM MX APPLIES EVEN IF I AM INJURED OR KILLED BECAUSE OF ANY ACT OR OMISSION, INCLUDING NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF FREEDOM MX, OR ACTS OR OMISSIONS THAT CONSTITUTE STRICT LIABILITY OR LIABILITY UNDER ANY STATUTE OR REGULATION, OF FREEDOM MX. b) Additionally I, on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, agree TO RELEASE, DISCHARGE, and ACQUIT Freedom MX from any and all liability, whether arising from negligence, strict liability, contract, tort, any statutory liability, or liability arising out of any regulation, in the event that I am injured or killed as a result of my participating in the Activities. I FULLY AND COMPLETELY UNDERSTAND AND AGREE THAT I AM HERE AND NOW FOREVER RELEASING FROM ANY AND ALL LIABILITY WHATSOEVER FREEDOM MX FOR ANY EVENT OR EVENTS THAT MAY OCCUR IN THE FUTURE AND THAT THIS RELEASE OF LIABILITY APPLIES EVEN IF I AM INJURED OR KILLED BECAUSE OF ANY ACT OR OMISSION, INCLUDING NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS FREEDOM MX, OR ACTS OR OMISSION THAT CONSTITUTE STRICT LIABILITY UNDER ANY STATUTE OR REGULATION, OF FREEDOM MX.

3 AND AGREE THAT I AM HERE AND NOW FOREVER RELEASING FROM ANY AND ALL LIABILITY WHATSOEVER FREEDOM MX FOR ANY EVENT OR EVENTS THAT MAY OCCUR IN THE FUTURE AND THAT THIS RELEASE OF LIABILITY APPLIES EVEN IF I AM INJURED OR KILLED BECAUSE OF ANY ACT OR OMISSION, INCLUDING NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS FREEDOM MX, OR ACTS OR OMISSION THAT CONSTITUTE STRICT LIABILITY UNDER ANY STATUTE OR REGULATION, OF FREEDOM MX. 4. I on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, acknowledge and agree that Freedom MX HAS MADE NO EXPRESS OR IMPLIED WARRANTY OF ANY PRODUCTS OR SERVICE'S MERCHANTABILITY OR THAT ANY PRODUCT OR SERVICE IS FIT FOR ANY PARTICULAR PURPOSE. I further acknowledge and agree that Freedom MX shall not be liable for any breach of an express or implied warranty in an amount greater than the amount paid for the product or service provided to me. 5. I, on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, agree to INDEMNIFY and SAVE HARMLESS Freedom MX in the event that any person, firm, or corporation, makes a claim against or sues Freedom MX for claims arising out of any injury to me, damages sustained by me or because of my death arising out of my entry onto the Premises or participation in the Activities. I UNDERSTAND AND AGREE THAT I, OR MY HEIRS OR REPRESENTATIVES OF MY ESTATE WILL BE REQUIRED TO INDEMNIFY AND SAVE HARMLESS FREEDOM MX EVEN IF I AM INJURED OR KILLED BECAUSE OF ACTS OR OMISSIONS, INCLUDING NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF FREEDOM MX OR ACTS OR OMISSIONS THAT CONSTITUTE STRICT LIABILITY OR LIABILITY UNDER ANY STATUTE OR REGULATION OF FREEDOM MX. I understand this paragraph means that if any claim or suit is brought by me or on my behalf against Freedom MX, I am contractually obligated to pay Freedom MX for all its costs of defense, including but not limited to attorney's fees, litigation expenses, expert witness fees, court costs and any other charge associated with the defense of that claim or suit. If damages are awarded to me or to anyone on my behalf, I am obligated to reimburse Freedom MX the entire amount of any such award. 6. I agree and understand that this Release, Waiver, and Indemnity Agreement is binding today and shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, in the Activities at the Premises or enter onto the Premises, and shall be binding upon my heirs, executors and administrators of my estate. 7. I agree and understand that if any part of this Release, Waiver and Indemnity Agreement is held to be invalid the balance of the instrument is not invalid and is fully and completely binding. 8. I acknowledge that any video tape, motion pictures, still photographs, or any other media products taken or created in conjunction with my participation in the Activities at or with Freedom MX shall be and remain the sole property of Freedom MX and, hereby, consent to Freedom MX of said video tape, motion pictures, still photographs or any other media products in any manner it deems appropriate, including, but not limited to, advertisements, video productions and displays. 9. I, acknowledge that I have read all of the above provisions, fully understand the terms and conditions expressed therein, and have freely chosen to accept the above paragraphs. I understand and accept that, by signing this release, I may never make a claim against, sue or seek to recover any monies or other compensation or recovery from Freedom MX in the event that I am injured or killed, EVEN IF I AM INJURED OR KILLED BECAUSE OF THE ACTS OR OMISSIONS, INCLUDING THE NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF FREEDOM MX, or acts or omissions that constitute strict liability or liability under any statute or regulation of Freedom MX. 10. I further understand and acknowledge that I do not have to sign this document or participate in any Activity sponsored, offered or initiated by Freedom MX, but choose to do so freely and of my own accord. If I choose to withdraw from or decline to participate in any activity sponsored, offered or initiated by Freedom MX, I may receive a refund of any monies I have paid to Freedom MX, less any amount already spent or incurred on my behalf. 11. I have read and understood the Rules and Requirements attached to this Agreement as Appendix A and will explain the Rules and Requirements to the Participant. I will abide by and comply with all the Rules and Requirements and will ensure that the Participant abides by and complies with all the Rules and Requirements.

4 ALL RIDER PARTICIPANTS AND SPECTATORS: All RIDER PARTICIPANTS and SPECTATORS MUST read and sign the Release and Waiver of Liability Assumption of Risks and Indemnity Agreement upon each entry in order to enter Freedom MX. All ADULT RIDER PARTICIPANTS (over the age of 18) MUST read and sign the Freedom MX, LLC Annual Membership Contract, Liability Release and Indemnity Agreement in order to participate in motocross practice or organized motocross events or activities. NO HEALTH, MEDICAL, PERSONAL OR PROPERTY COVERAGE IS PROVIDED BY FREEDOM MX. LLC. IF YOU DO NOT HAVE MEDICAL INSURANCE, DO NOT RIDE OR PARTICIPATE IN PRACTICE OR EVENTS AT FREEDOM MX. Participant Signature Print Name DOB Date Freedom MX Witness Date

5 APPENDIX A - RULES AND REQUIREMENTS BY ENTERING THE PREMISES, YOU AGREE TO ABIDE BY AND FOLLOW ALL THE FOLLOWING RULES AND REQUIREMENTS. FAILURE TO DO SO COULD RESULT IN EJECTION FROM THE PREMISES AND WAIVER OF ANY FEES PAID TO FREEDOM MX All RIDER PARTICIPANTS and SPECTATORS MUST read and sign the Release and Waiver of Liability Assumption of Risks and Indemnity Agreement upon each entry in order to enter Freedom MX. PARENTAL AND GUARDIANSHIP RESPONSIBILITY: It is your responsibility as a PARENT OR GUARDIAN to be aware of your CHILD / MINOR whereabouts and behavior. It is your responsibility to ensure that your CHILD / MINOR knows all the Park and Track Rules. Any CHILD / MINOR injury, including death must be reported to track personnel. RIDER DOWN: In the event that you fall and are able, immediately get off the track. If a rider goes down, please lend assistance. If you are riding at the time, park your bike off the track and warn oncoming riders of the hazard. If the fallen rider is unconscious or you see obvious broken bones, DO NOT MOVE THEM and call 911! Moving a person with a spinal cord injury can cause PERMANENT INJURY, PARALYSIS AND EVEN DEATH. If the rider is conscious, try to determine extent of injury. If injuries are minor and the rider is able, assist the rider off the track and/or to pit area. If the rider is a MINOR, ask someone to find their parents immediately. Always report any rider down regardless if injuries are minor to track personnel. VIDEO/PHOTO DOCUMENTATION: Freedom MX will utilize video or photo documentation on all safety or liability issues occurred at the Facility. COMPLAINTS: If you have a complaint or suggestion, please bring it to the attention of the owners of Freedom MX or us at info@freedommx.com. We DO NOT ALLOW ANY DEFAMATION (LIBEL or SLANDER) including statements in writing, spoken words or pictures on ANY public social media and/or public forums in regards to the operation or condition of our facility or against the owners, members or employees of Freedom MX. Freedom MX reserves the right to revoke Membership (non-refundable) and refuse service and/or entry into facility to anyone caught in any defamation acts, including libel or slander whether in writing, spoken words or pictures against Freedom MX, or the owners, members or employees of Freedom MX. TRACKS AND FACILITY: The tracks and other areas of facility are designed on natural terrain. Motocross riding and activities, Off- Road riding including ATV's, UTV's, Golf Carts are extremely dangerous. YOU COULD BE HURT, INJURED OR KILLED so always be aware of your surroundings. Tracks and off-road riding areas may include man made and/or natural obstacles. Obstacles may include but are not limited to; trees, jumps, drainage ditches, flagger stands, buildings, scoring towers, equipment, trash cans, cars, pedestrians, fencing, hay bales, debris, and many other varieties of obstacles which surround the track and facility. It is your responsibility to maintain control of your off-road vehicle at all times. PARK AND TRACK SAFETY RULES NO EXCEPTIONS 1. All Minor Participants (under the age of 18) are not allowed to participate alone. All minors must be accompanied by a parent, legal guardian or authorized adult and a minor release must be on file for minor. 2. Every Participant, including Minors and Beginner Riders must have their OWN Annual Membership Contract, Full Release Waiver and Indemnity Agreements on file. All fees must be paid in advance to ride on track. 3. All Riders MUST wear the following safety gear while participating including DOT Snell approved motorcycle helmets that must be securely fastened at all times, pants, boots, gloves, long sleeve shirt or jersey and goggles. Knee protection, chest protection, neck protection, or other types of safety equipment is advised, but optional. 4. We reserve the right to refuse service to anyone for any reason! By entering this Facility, you are assuming personal responsibility for your own actions, actions of others and of minor children. Freedom MX, LLC IS NOT liable for personal injury, death or lost, damaged or stolen property. 5. FIRST VISIT: If it is your first visit to Freedom MX, be sure to fully understand the direction of Tracks. Always take a site lap. Always follow Track Direction Signs and never ride the tracks in the wrong direction. Track is to be ridden in direction of marking, always enter and exit the track at designated areas only. If you are unsure of Track Direction, do NOT enter track. Hold your line on track, no stopping in middle of track, on or after jumps, no cutting or crossing the track. Ride within your means and ability. PRACTICE AND RACING TRACK TIPS BE ALERT! Learn the Track Entrance and Exits Understand the Direction of Track Always take a site lap Ride within your means and ability Never Cut or Cross the Track Hold Your Line

6 No Stopping on Track Locate the Flaggers Always Understand the Flags and Obey Never Pass on Yellow Flag If you crash, get off Track as Quick as Possible Locate the Medics 6. ORGANIZED PRACTICE will be held during Practice on MX and SX Track. Organized Practice Groups will be determined by how many Riders, Bike Sizes and Skill Levels per practice day. This constantly changes as people arrive and leave. Practice Groups can range from 2 to 7 Practice Groups. A maximum of 40 riders are allowed on MX Track and 25 riders on SX Track at ALL times for safety. Caution Flaggers and Finish Line staff will be provided and manage Organized Practices. The purpose of a Flagger is to warn the riders of a hazardous situation on and off the track and to protect any downed or stalled rider from oncoming riders. It is also the responsibility of the Flaggers to protect the staff and maintain safety on and off the track. Make sure you are fully aware of all the Flag Colors and meanings. Obey all flaggers and flags at all times. o Green Flag Start of Practice/Race o White Flag One more Lap o Checkered Flag Final Lap/Exit Track o Yellow Flag Downed Rider/Proceed with Caution o Black Flag Wrong Practice Group or Problem/Exit Track and see Staff (During Racing Events Indicates Disqualification) o Red Flag Medical Emergency/Exit Track o White with Red Cross Flag Potential Hazard on Track/Proceed with Caution o Blue Flag About to be Passed/Hold your Line Organized Practices will be coordinated with a Colored Flag and sticker system. Colored Flags designating the Practice Group allowed on track will be displayed at each Finish Line. Stickers must be placed on the Front Number Plate of Bike and be visible. Organized Practice will be broken into different time increments depending on number of Practice Groups, Riders, Bike size and Skill Level. All riders must ride with their designated Practice Group only. 50cc riders will have their own designated Practice Group. All other bikes sizes will NOT be allowed to ride with 50cc riders regardless of skill level (65cc and up). 50cc-85cc riders will NOT be allowed to ride with Practice Groups of 125cc and up, regardless of skill level. 65cc-85cc more advanced riders will NOT be allowed to ride with 65cc-85cc Beginner/Novice Riders. Beginner and Novice riders are not allowed to ride with Practice Groups of Intermediate and Expert riders, regardless of Bike Size. No Spectators, Parents, or Other Riders allowed on Track during Practice (unless exception). Trainers will have designated areas for Training Purposes. Parents for 50cc, 65cc, 85cc riders will be allowed on designated areas of track. Parents of 50cc-85cc Beginner riders are allowed to follow their child on a bike. Parents following behind must wear a helmet and no jumping, passing or riding fast or aggressively is allowed while following child. 7. No spectators or other riders are allowed on tracks during practice and/or events. Do not stand/sit on tracks or cross any track without permission. Trainers will have designated areas and parents for 50cc, 65cc, 85cc riders will be allowed on designated areas of track only.. Parents of 50cc-85cc Beginner riders are allowed to follow their child on a bike. Parents following behind must wear a helmet and no jumping, passing or riding fast or aggressively is allowed while following child 8. In the event that there is a Rider Down, do NOT run on or cross track to assist. This includes spectators, parents and other riders. Freedom MX Staff and flaggers are responsible for assisting any Rider Down and maintaining the safety of oncoming riders, spectators and parents. 9. In the event that you are riding on the track and fall, if you are able immediately get off the track. If a rider goes down while you are on track and you are able to lend assistance, park your bike off the track and warn oncoming riders of the hazard. 10. Always watch your surroundings and be safe and courteous to other riders and spectators on and off the track. 11. Pit Vehicles, ATV's, UTV's Side by Side and Golf Carts are allowed in Pit Areas only. Pit Vehicles, ATV's, UTV's Side by Side or Golf Carts are NOT allowed on any track. Designated Ride Days will be determined for Quad Practices and events on Motocross and Supercross Tracks.

7 12. First Gear, idle speed of 5 miles per hour maximum at ALL times in the pit, spectator, parking, etc. areas. We DO NOT allow fast, reckless or aggressive riding. No tandem riding allowed on Tracks. No wheelies, donuts, or starts in the pit, spectator or parking areas. Be respectful of our grassy areas, pit areas and parking areas and do not create ruts. If you are caught riding fast, without gear, reckless or aggressive, you will be asked to leave the park. 13. All participants are responsible for their own motorcycle, pit vehicle, ATV, UTV Side by Side, Golf Cart, etc. Never loan your bike, ATV or pit vehicle to anyone who did not sign a Waiver to ride. If you are caught letting someone ride that has not signed the appropriate paperwork and has not paid the fees you will be asked to leave the park. 14. No profanity or unsportsmanlike conduct in any form will be tolerated. 15. Freedom MX can close any track, at any time, for track maintenance including, but not limited to prepping track, watering track, irrigation repair, or safety issues and concerns. No riding allowed during track maintenance. 16. No drugs or use of controlled substance allowed. No alcohol allowed if you are riding any type of motorized vehicle or participating in any motocross practice or organized events. 17. No firearms or weapons allowed at Facility. 18. Pets are allowed but must always be on leash. Please clean up after your pets. 19. Parking permitted in marked parking areas only. No parking on the road, tracks, driveways, access road. These areas must be clear for use of track personnel or emergency personnel. 20. Do not go through a closed gate or any area that is restricted or forbidden. Riding outside of designed areas or in any restricted area is forbidden. 21. No trespassing after business hours. 22. No littering, including used motorcycle parts/tires, oil, gas, general trash. Properly extinguish all general trash in designated Trash cans. 23. Camping is permitted on Fridays and Saturdays when facility is open. No RV Hookups, available. We DO NOT ALLOW any riding after the park/track is closed. The front entrance gate is closed and locked after business hours. 24. Freedom MX, LLC is NOT responsible for any injuries caused or inflicted by any wildlife, stray or domestic animals, insects, reptiles and/or amphibians of any kind. 25. Freedom MX, LLC is NOT responsible for any damaged, lost or stolen property.