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Where2Wheel Off-roading Contract

Participant Agreement for W2W Offroad Park

Participant Responsibilities:

1.1 Driver and Passenger Safety: Participant understands and acknowledges that by signing this agreement, they confirm they are the primary driver of the off-road vehicle during their participation in off-road activities at W2W Offroad Park events. Furthermore, Participant accepts full responsibility for the safety and well-being of any passengers within their vehicle during their participation.

1.2 Risk Acknowledgment: Participant understands and acknowledges that participation in off-road activities is inherently dangerous and can result in serious injury or death.

1.3 Voluntary Assumption of Risk: Participant voluntarily assumes all risks of injury or death associated with off-road activities, including but not limited to: Falls from vehicles, Rollovers, Contact with other vehicles or objects, Impact with the ground, Extreme weather conditions, and Wild animals.

Release, Waiver of Liability, and Covenant Not to Sue:

2.1 Release and Waiver: Participant, in consideration of being permitted to participate in off-road activities at W2W Offroad Park events, hereby releases and forever holds harmless W2W Offroad Park, its agents, employees, officers, and landowner partners from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with Participant's participation in off-road activities.

2.2 Covenant Not to Sue: Participant agrees and covenants never to institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action at law or in equity against W2W Offroad Park or the Landowner partners for any loss, damage, or injury (including death) arising out of or related to the Participant’s presence at the park. If Participant or any representative of Participant files a lawsuit in violation of this Section, Participant agrees to pay all attorney’s fees and costs incurred by W2W Offroad Park or the Landowner in defending such action.

General Provisions:

3.1 Binding Agreement: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.

3.2 Consent to Filming: Participant consents to being filmed for commercial use by W2W Offroad Park.

3.3 Electronic Consent: By signing this form electronically, Participant and W2W Offroad Park acknowledge that they have the ability to access and retain this electronic document, and that they consent to conduct this transaction electronically.

3.4 Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia.

3.5 Severability: If any provision of this Agreement is held to be invalid or unenforceable (including the waiver of personal injury claims), such provision shall be struck and the remaining provisions, including those relating to property damage and assumption of risk, shall remain in full force and effect.

Indemnification:

4.1 Participant Indemnification: Participant agrees to indemnify, defend, and hold harmless W2W Offroad Park, its agents, employees, officers, and landowner partners from and against any and all claims arising out of Participant's breach of this Agreement, negligence, or damage to property.

STATE-SPECIFIC NOTICES

The following warnings apply based on the physical location of the W2W Park being visited:

VIRGINIA & NORTH CAROLINA:

WARNING: Under Virginia law (VA Code § 3.2-6400) and North Carolina law (N.C.G.S. § 99E-30), there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

MARYLAND & ALL OTHER LOCATIONS:

RECREATIONAL USE ACKNOWLEDGMENT: Participant acknowledges that they are entering the property for recreational purposes. To the fullest extent permitted by law (including MD Code, Nat. Res. § 5-1101 et seq., where applicable), Participant agrees that the Landowner and W2W Parks owe no duty of care to keep the premises safe for entry or use, nor to give any warning of hazardous conditions, uses, or activities on such premises.

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Signed by David Peregoff
Signed On: January 16, 2026

Timestamp

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January 23, 2024 6:58 pm EST

Where2Wheel Off-roading Contract Uploaded by David Peregoff - david@where2wheel.com IP 216.100.18.95