RELEASE, WAIVER OF LIABILITY, HOLD HARMLESS & INDEMNIFICATION AGREEMENT
Gasoline Cowboy’s Offroad Outfitters, LLC — Side-by-Side Vehicle Rental
This Release, Waiver of Liability, Hold Harmless and Indemnification Agreement (the “Agreement”) is entered into between
Gasoline Cowboy’s Offroad Outfitters, LLC, an Oklahoma limited liability company (the “Company”), together with its members,
managers, officers, owners, investors, employees, agents, contractors, and the owner of the premises on which the Company operates
(collectively, the “Released Party”), and the UNDERSIGNED, individually and as parent, legal guardian, or responsible party for
any accompanying minor, together with his or her personal representatives, heirs, companions, and next of kin (collectively, the
“Releasing Party”).
In consideration of being permitted to rent, occupy, and operate a side-by-side or other off-highway vehicle owned or provided by the
Company (the “Vehicle”) for a fee, and to enter the Company’s property, trails, and premises owned by the City of Davis commonly
known as Cross Bar Ranch Off Road Park and Turnner Falls Park (collectively, the “Premises”), the Releasing Party acknowledges
that he or she has inspected, or will immediately upon entry inspect, the Vehicle and the Premises, accepts both as reasonably suited
for their intended use, and agrees to cease operation and notify Company management at once of any condition believed to be unsafe.
In such consideration, the Releasing Party agrees as follows:
1. Assumption of Risk. Operating or riding in a side-by-side or other off-highway vehicle, and being in any area where such vehicles
operate, involves the risk of serious bodily injury, permanent disability, death, and property damage. The Releasing Party knowingly
and voluntarily assumes all such risks, whether caused by the negligence of the Released Party or otherwise.
2. Release and Covenant Not to Sue. The Releasing Party releases, waives, discharges, and covenants not to sue the Released Party
from any and all liability, claims, demands, or damages for injury to person or property or death of the Releasing Party or any
companion, whether caused by the negligence of the Released Party or otherwise, arising from the rental, operation, or presence in or
upon the Vehicle or the Premises for any reason.
3. Indemnification. The Releasing Party agrees to indemnify, defend, and hold harmless the Released Party from any loss, liability,
damage, claim, or cost arising from the Releasing Party’s or any companion’s rental or use of the Vehicle or presence on the Premises.
4. Safe Operation; No Impairment. The Releasing Party will operate the Vehicle safely, only within designated areas, and in
compliance with all Company rules and posted signage. The Releasing Party will not operate or ride in the Vehicle while under the
influence of alcohol, marijuana, or any drug or substance that impairs the ability to operate safely. Violation is grounds for immediate
removal without refund.
5. Minors; Required Safety Equipment. No person under sixteen (16) years of age may operate the Vehicle, and any minor
permitted to ride must be accompanied and supervised by a responsible adult who signs below. All occupants will wear a properly
fastened seatbelt and an approved helmet, and remain within the Vehicle’s restraint system, at all times the Vehicle is in motion.
6. Responsibility for Equipment Damage. The Releasing Party assumes financial responsibility for damage to or loss of the Vehicle
and any other Company property caused by the Releasing Party’s or a companion’s use, misuse, or negligence, ordinary wear
excepted.
7. Rules Compliance. By signing, the Releasing Party attests that he or she has read and agrees to comply with the Company’s rules
and regulations. Failure to comply may result in removal for the day or longer without refund.
8. Governing Law; Severability. This Agreement is governed by the law of the State of Oklahoma and is intended to be as broad
and inclusive as Oklahoma law permits. If any portion is held invalid, the remainder shall continue in full legal force and effect.
THE RELEASING PARTY HAS READ AND UNDERSTANDS THIS AGREEMENT, SIGNS IT VOLUNTARILY, AND
AGREES THAT NO REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THIS WRITTEN
AGREEMENT HAVE BEEN MADE.