Charles City County, Va.
​​(Between Richmond and Williamsburg)​

 For the period beginning per the signed date on page one and ending on the last day of this calendar year

WARNING: THIS IS A RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK. THIS IS AN

IMPORTANT DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY AND DO NOT SIGN IT UNLESS YOU ARE SATISFIED YOU UNDERSTAND IT AND AGREE TO ITS TERMS. THIS IS A BINDING AGREEMENT.

I AM AWARE THAT THE USE OF MOTORCYCLES, ALL-TERRAIN VEHICLES, OFF-PAVEMENT VEHICLES AND OTHER TYPES OF MOTORIZED VEHICLES USED IN OFF-ROAD DRIVING OR RIDING IS A HAZARDOUS ACTIVITY. I VOLUNTARILY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY, DAMAGE OR DEATH WHICH MAY OCCUR WHILE I AM WATCHING OR PARTICIPATING IN A MOTORSPORTS AND/OR MOTORCYCLE RIDING ACTIVITY, EVEN IF SUCH INJURY OR DEATH IS CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF OTHERS.

In consideration of becoming a member of Charles City Dirt Riders Association, Inc. (“the Club”) and being entitled to the privileges of such membership, including the right to access and patronize the motorsports facilities utilized or maintained by such Club and the right to ride, compete, officiate, observe, work or enter for any purpose in any portion of such facility, I hereby agree to the following terms and condition:

1. I understand and acknowledge that risks and dangers exist in the use of motorcycles, all-terrain vehicles, off-pavement vehicles and other types of motorized vehicles used in off-road driving in the facilities of Charles City County Dirt Riders Association, Inc. or any other motorsports facility utilized or maintained by the Club (all such facilities collectively referred to herein as” the Park”). I realize that my participation in off-pavement and off-road driving or recreation and/or use of motorcycles, all-terrain vehicles or other such motorized vehicles may result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability. I also realize that my machinery or equipment may be damaged, lost or destroyed; that the track or event conditions may be hazardous and may vary without warning or predictability; that the organizers, officials, landowners, track operators and any agents or representatives of those in charge of the Park or the event are frequently obliged to make decisions under pressure of time and/or events; that any policy of insurance of or in respect of my life or physical or mental health may be avoided; and that there may be no or inadequate facilities for treatment or transport of me if I am injured. These risks and dangers may be caused by the negligence of customers or patrons of the Park; by the negligence of others; by my own negligence; by the negligence of the owners, employees, officers, volunteers or agents of the Park; and by accidents, breaches of contract, the forces of nature (such as bee stings, snake bits and lightning bolts), or other foreseeable or unforeseeable causes.

2. I further understand that the track and trails of the Park are not marked according to degree of difficulty or to direction of use, and that I will be solely responsible for selecting the track or trail that best suits my experience and ability, and that I will assume all risks resulting from my track or trail selection. Under no circumstances will I leave a marked trail. I further understand that not all track and trails are marked and I need to use extreme caution when riding them. My failure to ride on marked track or trail, be courteous to others, and ride at first gear speeds when not on the track or trail may result in my being ejected from the Park and may result in the permanent revocation or my riding privileges in the Park and/or revocation of my membership in the Club. I understand that any officer of the Club may eject me and any such decisions are final and that there will be no refunds of any monies paid for membership or riding privileges.

3. I understand and agree that neither the Club, Charles City Dirt Riders Association, Inc., Robert M. White or any member of his family, Cabaret-on-the James horse farm or renters, leasers or users thereof, or any officer of the Club, other motorsports facility utilized or maintained by the Club, nor any of their, its or his respective employees, members, owners, volunteers, sponsors, agents or assigns (hereinafter referred to as” Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns, and to my property which may occur as a result of my participating in off-pavement or off-road driving, or my presence in the park, or as a result of the negligence of any party, including the Released Parties, whether passive or active.

4. In consideration of being allowed to patronize the Park and to enjoy the privileges of off-pavement and off-road driving in the Park, I hereby personally assume all risks in connection with my patronage of the Park for any harm, injury or damage that may befall me while I am a customer, patron, invitee, guest, member, licensee, employee or agent of the park, including all risks connected therewith, whether foreseen or unforeseen.

5. I further save and hold harmless the Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns arising out of my patronage of the Park, including both claims arising during said patronage or thereafter

6. I also understand that off-pavement riding and off-road driving and the operation of a motorcycle, all terrain vehicle, or other similar motorized vehicle is a physically strenuous activity and that I will be exerting myself during such activity, and that if I am injured as a result of a heart attack, panic, hyperventilation, or otherwise, that I will not hold the above-listed Released Parties responsible for the same.

7. It is my intention by this instrument to exempt and release the Club, Charles City Dirt Riders Association, Inc., Robert M. White or any member of his family, Cabaret-on-the-James horse farm or renters, leasors or users thereof, or any officer of the Club, any other motorsports facility utilized or maintained by the Club, and all related entities or employees, members, owners, volunteers, sponsors, agents or assigns of the same, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including, but not limited to, the negligence of the Released Parties, whether passive or active.

7. I am of lawful age and legally competent to sign this release of liability, or I am a minor and I have acquired the written consent of my parent or legal guardian. I understand that the terms herein are contractual and not a mere recital, and that I have signed this document willingly as my own free act.

8. I further expressly agree that the foregoing waiver or release of liability is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

9. I have read this waiver and release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.

10. I certify that I have inspected the vehicle(s) I bring to the Park and that I have no knowledge of any condition that might render the vehicle(s) unsafe in any way. Additionally, I certify that I am physically and mentally healthy and have no condition that will put me at risk while participating in any activity herein described.

11. I understand that my membership in the Club is for the period first noted above and may be cancelled or terminated prior to the expiration of the term in accordance with the bylaws of the Club. I agree to pay all required membership dues when such dues become due and payable.

12. By providing my phone number, I consent to receive SMS (text) messages from [Charles City Dirt Riders] for communication purposes, including updates and notifications. Message and data rates may apply. Message frequency may vary. I understand I can opt out at any time by replying STOP.here.

Privacy Statement

We respect your privacy and are committed to protecting your personal information.

Information We Collect When you complete a waiver of liability (in person or online), we may collect personal information including your name, address, phone number, email address, date of birth, emergency contact information, and your signature. For participants under 18 years of age, we also collect information from a parent or legal guardian, including their name, contact information, and consent.

Purpose of Collection We collect this information solely to:

· Document your agreement to the waiver of liability

· Maintain participation and safety records

· Contact you or your emergency contact if necessary

· Verify parental/guardian consent for minors

Online Forms and Electronic Signatures If you complete forms online, your information may be collected and stored electronically. Electronic signatures are used to confirm your agreement and are considered legally binding to the extent permitted by applicable law.

Use and Disclosure of Information We do not sell or rent your personal information. We may disclose your information only:

· As required by law

· To respond to legal claims or enforce our agreements

· When necessary to protect the safety of participants, staff, or others

Data Security We implement reasonable administrative, technical, and physical safeguards to protect your personal information, whether collected on paper or online.

Data Retention We retain waiver and related personal information only as long as reasonably necessary for recordkeeping, safety, and legal purposes.

Children’s Privacy For minors, personal information is collected only with the consent of a parent or legal guardian. Parents or guardians may request access to or correction of their child’s information by contacting us.

Your Rights and Choices You may request access to, correction of, or deletion of your personal information by contacting us at [insert contact email], subject to applicable legal requirements.

Contact Us If you have any questions about this Privacy Statement or how your information is handled, please contact us at: [Insert business name] [Insert email / phone number]

By signing the waiver, you acknowledge that you have read and understand this Privacy Statement.ur paragraph here.