SXM Rally Tours Waiver
In consideration of my participation in using an ATV or a SIDE-BY-SIDE or an ATV or a RYKER and/or an SCOOTER vehicle for my personal transportation and/or for being part of a tour, operated by SXM RALLY TOURS, I agree and acknowledge as follows:
Assumption of risk: To assume the risks incidental to such tour participation and falling from or with the ATV or a SIDE-BY-SIDE or an ATV or an RYKER and/or a SCOOTER, which risk may include, among other things, muscles injuries, broken bones, lacerations, serious injury, and death. I acknowledge and agree that my tour participation is entirely voluntary.
Release and Indemnity: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, to:
Release and forever discharge: The released parties, name below, of and from all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever for bodily injury (including death) and property damage arising out of or in any way connected with such tour participation, even if such injury, loss or damage is caused by the negligence of the Release Party or negligent operation of the tour operation; and
Indemnify and hold each of the Released Parties harmless against any and all such liabilities, claims, actions, damages, costs, or expenses, including, but not limited to. All attorney's fees and costs.
I expressly agree that this release and indemnity agreement includes, without limitation, any claims based on the negligence, action, or inaction of any of the Released Parties, and covers bodily injury (including death) and property damage whether suffered by me before, during, or after such Tour participation.
- Authorization for Medical Treatment: I hereby authorize medical treatment for myself, at my cost, if the need arises. However, I acknowledge and agree that the Released Parties shall have no duty, obligation, or liability arising out of the provision of or failure to provide medical treatment.
- Participation Requirements: In order to participate in the Tour or for personal usages the driver participant must:
- Be 18 years old
- Have a current drivers license with him or her
- Not be more than 2, 4, 5, or 6 people seated in the specific side-by-side (2, 4, 5, or 6 seater)
- Not ride in any water
- Respect the St-Maaten's road laws. One having yours and your party's buckle their security belt at all times when riding the Side-By-Side
- Not ride to the Peak Paradise
- No drifting with the Side-By-Side.
Right of Publicity: In connection with my Tour participation, I further grant the Released Parties the right to photograph, videotape, or otherwise record images of me and further to use my name, face, likeness, voice, and appearance in connection with the exhibition, publicity, advertising and promotional, aerials without reservation or limitation. The Released Parties are, however, under no obligation to exercise the rights granted in this paragraph.
Governing Law, Venue: This agreement shall be governed by the laws of the State of S-Maarten, and any legal action relating to or arising out of this Agreement shall be commenced exclusively in the St-Maarten Court.
I certify that I am 18 years of age or older, that I hold a valid driver's license, that I am not under the influence of alcohol or drugs, that I have no impairment to my balance and that I understand all the terms of this Agreement.