This Release and Waiver of Liability (the “Release”) executed on this
date by the participant named in this form (the “Participant”),
releases Coal Train LLC., its affiliates, its directors, officers,
employees, and agents from all liabilities assumed by Participants
involvement and participation in any and all activities related to
the Coal Train Chaos (the “Event”).
I, the Participant, do hereby consent to participation in all actions
and activities of the Event including but not limited to:
- Lake Blob and other lake/water activities
- Open Dirt Track and any dirtbike related activities
- SXS trails and any SXS activities
- Burnouts and any burnout activities
- Beach Volleyball and any beach activities
The Participant is responsible for the Participant’s own insurance
coverage in the event of personal injury or illness as a result of
participation in activities of the Nonprofit.
1. Waiver and Release
I, the Participant, Release and forever discharge and hold harmless
Coal Train LLC. and its successors and assigns from any and all
liability, claims, and demands of whatever kind or nature, either in
law or in equity, which arise or may hereafter arise from the
activities as a participant in the Event, including claims arising
out of negligence. I understand and acknowledge that this Release
Discharges Coal Train LLC from any liability or claim that may arise
with respect to bodily injury, personal injury, illness, death, or
property damage that may result from the Participant’s involvement
in the Event’s activities.
2. Insurance
I, the Participant, affirm that the Participant is covered by primary
medical insurance and understand that the Participant is responsible
for its own medical bills if injury occurs. Further, I understand
that Coal Train LLC does not assume any responsibility for or
obligation to provide the Participant with financial or other
assistance, including but not limited to medical, health or
disability benefits or insurance of any nature in the event of the
Participant’s injury, illness, death, or damage to his or her
property. I expressly waive any such claim for compensation or
liability on the part of Coal Train LLC. beyond what may be offered
freely by Coal Train LLC in the event of such injury or medical
expenses incurred by the Participant.
3. Assumption Of Risk
I, the Participant, understand that the activities of the Event and
which the Participant is involved in may include activities that are
inherently dangerous to the Participant. I hereby expressly assume
the risk of injury or harm of the Participant from these activities
and Release Coal Train LLC from all liability for injury, illness,
death, or property damage resulting from these activities.
4. Photographic Release
I, the Participant, grant and convey to Coal Train LLC. all right,
title, and interest in any and all photographs, images, video or
audio recordings of the Participant or his or her likeness or voice
made by Coal Train LLC in connection with the Participant’s
involvement in the Event, including but not limited to, any
royalties, proceeds, or other benefits derived from such photographs
or recordings.
5. Medical Treatment
I, the Participant, hereby Release and forever discharge Nonprofit
from any claim whatsoever which arises or may hereafter arise an
account of any first-aid treatment or other medical services
rendered in connection with an emergency during the Participant’s
activity with Coal Train LLC. We give our consent for Coal Train LLC.
to provide, administer, or obtain medical treatment for the
Participant.
6. Other
I, the Participant, expressly agree that this Release is intended to
be as broad and inclusive as permitted by the laws of the State of
Missouri and that this Release shall be governed by and interpreted
in accordance with the laws of the State of Missouri. I agree that
in the event that any clause or provision of this Release is deemed
invalid, the enforceability of the remaining provisions of this
Release shall not be affected.
By signing below, I, Participant, express my understanding and intent
to enter into this Release and Waiver of Liability knowingly and
voluntarily.