Hello!
Although we always take every precaution and carefully consider not just your needs but the group's needs while planning every RAW Adeventure, it is important to be prepared in case of emergency or any situation presented during our time together
Please read very carefully the following document. It contains important information you need to review and agree in order to participate in our next adventure
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in ROCO 4X4 ADVENTURE WEEKEND | RAW (hereinafter the "Activity"); and IN CONSIDERATION OF THE PARTICIPANT'S desire to join in said Activity and being given the right to participate in same; THE PARTICIPANT HEREBY, for themselves, their heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "Participant" or "They/Them", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge ROCO 4X4, located at 1525 NW 93rd Ave, Doral, Florida 33172, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releases"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
THE RELEASOR VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND THEY ARE PARTICIPATING IN THE ACTIVITY ENTIRELY AT THEIR OWN RISK. THEY ARE AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN. SUFFERING. ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM THEIR OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, THEY ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO THEM, OF THEIR PARTICIPATION IN THIS ACTIVITY.
THEY FURTHER AGREE to indemnify, defend and hold harmless the Releases against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on their behalf, including attorney's fees and any related costs.
THEY FURTHER ACKNOWLEDGE that Releases are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releases. In the event that they should require medical care or treatment, they authorize ROCO 4X4 to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of ADs, emergency medical transport, and sharing of medical information with medical personnel. They further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. They are aware and understand that they should carry their own health insurance.
THEY FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. They agree not to participate in the Activity unless they are medically able and properly trained, and they agree to abide by the decision of the ROCO 4X4 official or agent, regarding their approval to participate in the Activity.
THEY HEREBY ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. THEY EXPRESSLY AGREE TO RELEASE AND DISCHARGE ROCO 4X4 AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND THEY AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT THEY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ROCO 4X4 FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of ROCO 4X4, its agents, and employees.
THE PARTICIPANTS agree that this Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of their or their family's or their agent's willful actions, neglect or recklessness, they acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF THEIR PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and ROCO 4X4 agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Every participant will provide ROCO 4X4, with a contact, which in the event of an emergency, will be notified in the name of each participant. The information needed will be: Name of Emergency Contact, Contact Relationship with participant and Contact Telephone.
The Participant understands that by signing up to this activity, THEY AFFIRM THAT THEY ARE OF THE AGE OF 18 YEARS OR OLDER, AND THAT THEY ARE FREELY ACCEPTING THIS AGREEMENT. CERTIFYING THAT THEY HAVE READ THIS AGREEMENT, THAT THEY FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. THEY ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT THEY ARE AGREEING TO, OF THEIR OWN FREE WILL.
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ROCO 4X4 also states that none of the participant brands are in any way related to or responsible for the organization or execution of this activity and are merely sponsors, business partners and RAW enthusiasts.
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By signing up to participate in the activity, each participant accepts this waiver without any objection.
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