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Where2Wheel Off-roading Contract

Participant Agreement for W2W Offroad Park

Participant agrees to hold Where2Wheel Offroad Park, LLC (hereinafter referred to as "W2W Offroad Park") and Participant (hereinafter referred to as "Participant") agree as follows:

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
- Wild animals

Release and Waiver of Liability: 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.
General Provisions:

3.1 Binding Agreement: This Release and Waiver of Liability Form 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. This electronic signature is considered to have the same legal force as a handwritten signature.
3.4 Date of Execution: The parties have executed this Release and Waiver of Liability Form as of the date first written below.
3.5 Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia.
3.6 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect. The parties agree that they would have entered into this Agreement even if the invalid or unenforceable provision had been omitted.

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, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- 4.1.1 Participant's breach of any provision of this Agreement.
- 4.1.2 Participant's negligence or willful misconduct.
- 4.1.3 Injury or damage to any person or property caused by Participant or Participant's passengers during participation in off-road activities.
4.2 Limitations: Notwithstanding the foregoing, Participant's indemnification obligation under this Section 4 shall not exceed the amount of Participant's insurance coverage, if any, for off-road vehicle activities.

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Signed by David Peregoff
Signed On: January 23, 2024

Timestamp

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January 23, 2024 6:58 pm EDT

Where2Wheel Off-roading Contract Uploaded by David Peregoff - david@where2wheel.com IP 70.160.115.168