PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of BFE Adventures LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BFE"), I hereby agree to release, indemnify, and discharge BFE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in Jeep, off-road buggy, all guided tours, ATV and UTV activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: There is the possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; further, passengers can be thrown off the vehicles which can result in any of the above events occurring; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; Traveling to and from activity locations raises the possibility of any manner of transportation accidents; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; the machine itself may fail; and accidents can occur getting in or out.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.

3.I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BFE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of BFE’s equipment or facilities, including any such claims which allege negligent acts or omissions of BFE.

4. Should BFE or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against BFE, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against BFE on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at BFE. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

NAME *

ADRESS *

CITY *

STATE *

ZIP *

EMAIL *

PHONE NUMBER *

DATE OF BIRTH *

AGE VERIFICATION *

OVER 18
MINOR (UNDER 18)

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)

In consideration of the below minor(s) being permitted by AreaBFE to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AreaBFE from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s)

NAME OF MINOR 1

AGE

NAME OF MINOR 2

AGE

NAME OF MINOR 3

AGE

GUARDIANS NAME *

GUARDIANS INITIALS *

Date time

Before I operate any off-road vehicle I will have a clear understanding of the proper operation of the vehicle and the safety items listed below. I will ask for clarification and further instruction about anything I do not fully understand.

Throttle
Brakes
Steering
Gear Selection
If I encounter other people or vehicles on the trails, I will slow to 10MPH or less as I pass.
I understand that consumption of alcohol and controlled substances before or during a tour is prohibited.
I have been informed that the vehicle can tip over if not safely operated.
I possess a valid drivers license
I am financially responsible for any and all damages

I WILL:

I will keep a firm grip on the steering wheel or hand-holds to brace myself and to avoid injury in the event vehicle tips over.
I will beware of hazards on the road
I will go SLOWLY around curves and corners
I will drive in a safe and controlled manner at all times
I will follow single file--no passing
I will stay in the middle of existing roads and trails
I will stop and wait if I become separated from the group
I will avoid abrupt maneuvers, sideways sliding, skidding or fishtailing, and never do donuts
I will read and follow each of the warning labels in and on the vehicle

I WILL NOT

I will not put any part of my body outside of the vehicle for any reason to help avoid injury while driving or in the event of a tip-over
I will not drive over any vegetation or Crypto-biotic soil
I will not tailgate (drive an unsafe distance behind other vehicles)
I will not drive in tight circles or "do donuts"

*

I understand the legal consequences of signing this agreement, including but not limited to (i) releasing the Area BFE Parties from liability on my and my Child’s behalf, (b) promising not to sue the Area BFE Parties on my or my Child’s behalf, and (c) assuming all risks of my and my Child’s participation in the Activities.

*

I agree and acknowledge that the Area BFE Parties can rely on my representations in this agreement.

*

I understand that this agreement is written to be as broad and inclusive as legally permitted by the State of Utah. I agree that if any portion is held invalid or unenforceable, I and my Child will continue to be bound by the remaining terms.

*

I have read this agreement, and I am signing it voluntarily. No other statements or representations have been made to me about the legal effect of this agreement.

I agree Terms and Conditions

Name

I agree that this above printed name is valid as my signature in agreement with the above statements.

Date time

PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT

I, the undersigned, have been fully warned and advised by BFE Adventures LLC (hereinafter collectively referred to as “BFE”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around all-terrain vehicles (“ATV’s”) or off- highway vehicles (“OHV’s”) (whether on the premises or off of the BFE’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of BFE and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.

I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.

*

I accept to wear headgear
I waive my option to wear headgear

Name *

Date time *

AreaBFE ADVENTURES GUIDED TOUR RELEASE / LIABILITY WAIVER

PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT

Thanks for filling out your waiver!

We will see you soon. Remember everyone in your group must fill out the waiver regardless of driving status!

Thanks for filling out your waiver!

We will see you soon. Remember everyone in your group must fill out the waiver regardless of driving status!