Pusheta Creek MX Park Waiver of Liability

Release Assumption of Risk Agreement For property located at 10190 Winemiller Rd, Wapakoneta OH

In consideration of being allowed access to activities at Pusheta Creek MX Park the undersigned acknowledges, appreciates and agrees that:

• The risk of injury from any activity involved with stated property is significant, including the potential for permanent paralysis and death and I assume full responsibility for my participation.
• I will take it upon myself to make myself or any minor accompanying me aware of the inherent dangers of riding ATV’s and dirtbikes. I understand the inherent dangers of participating in and being in the presents of motorsports activities. Upon entering the park and said property will inspect track or established course for any new changes made to or around said area and willing participate at my own risk. I acknowledge that Pusheta Creek MX Park, Inc. is not to be held liable for damage or theft of any personal property that I or any minor accompanying me, may bring into the park.
• I understand the risks of riding ATV’s and dirtbikes in a closed course environment with other individuals. I will not hold Pusheta Creek MX Park, Inc. and any of its representatives liable for any and all injuries or damages that may acquire to my person or property do to the negligence of other individual’s activities while at Pusheta Creek MX Park including any minor accompanying me.
• I assume all risks relating to the activities on stated property and understand that such activities involve risks to my person including bodily injury, partial or total disability, paralysis and death, and damages, which may arise there from.
• I, for myself and on behalf of my heirs, assigned personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Pusheta Creek MX Park, Inc. and its representatives WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF Pusheta Creek MX Park, Inc. and its representatives OR OTHERWISE.
• I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND RULES, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
• I, HAVE READ THESE RULES AND UNDERSTAND THEM FULLY AND ACKNOWLEDGE THAT I WILL BE HELD LIABLE FOR NOT OBEYING THEM, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Membership and Park Rules   

1. NO one is permitted to ride without being a member, signing a liability waiver and be paid up before riding!
2. Riders must wear a HELMET and appropriate safety gear and are subject to a random safety inspection.
3. NO one is permitted to consume drugs or alcohol prior to or during their activities at Pusheta Creek MX Park.
4. Members are responsible for any spectators that accompany them.
5. Children under 16 years of age must be accompanied by a responsible adult.
6. Driveway speed limit is 15 mph and NO riding faster than 1st gear idle between parking and riding areas.
7. NO fishing or swimming without permission and NO harassing or destroying wildlife.
8. PRE-RIDE RIDING AREAS BEFORE TRAVELING AT FULL SPEED!
9. Please keep parking area clean and fields are off limits to unauthorized vehicles.
10. NO weapons are allowed and pets are to be on a leash and kept close to your parking area.
11. NO riding double or over your abilities will be tolerated.
12. NO destructive behavior or destroying jumps, grass parking area or driveway will be tolerated.
13. Members and guest of members are responsible for their own safety.
14. NO inappropriate vehicles will be allowed on MX track or GP course. ( Owner will determine).
15. All big bikes and big quads must stay off kids track, and please stay within the boundaries of the park!
16. NO bikes 65cc and under will be allowed on big track unless classes are being ran.
17. All quads must have working tether kill switch and maybe tested at random.
18. Pusheta Creek MX Park, Inc. does not carry insurance; members and guests are required to provide their own insurance to participate in any activity.
19. Pusheta Creek MX Park, Inc. its associates and employees are not to be held liable for personal injury, theft, personal property damage or death.
20. Pusheta Creek MX Park, Inc. reserves the right to revoke membership for not obeying rules without refund.
21. Camping is permitted on open weekends (Gate does not open until 7pm Friday evening and must be out before Sunday night).
22. Please be courteous to others, watch out for young children as well as your own.
23. Anyone entering the park enters at his or her own RISK!!!

Electronic Signature Authorization

By completing the fields below, I am applying my electronic signature to this agreement. And by applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. In order to retain a signed copy of this agreement, I understand that I will need to request one from Pusheta Creek MX Park via email and they will provide via email reply. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.

A parent or legal guardian must sign this agreement on behalf of any minor participant under the age of 18. By electronically signing this agreement, I represent that I have the authority to sign and enter into this agreement on behalf of the minor(s) listed below.