Kentucky RESIDENT Annual Trail Permit

Annual Trail Permit: Valid for exactly one year after purchase.

First Frontier Appalachian Trails - Waiver and Release of Liability

PLEASE READ CAREFULLY BEFORE PURCHASING A PERMIT OR ENTERING THE FIRST FRONTIER APPALACHIAN TRAILS SYSTEM. COMPLETING THIS PURCHASE SIGNIFIES AGREEMENT WITH THIS WAIVER AND RELEASE OF LIABILITY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

Please review the following Agreement. You have voluntarily elected to participate, and if applicable, to allow your minor child(ren) and all minor children under your supervision and referred to individually and collectively herein as “child” to participate in activities sponsored by First Frontier Appalachian Trails being ridden on privately owned property leased by First Frontier Appalachian Trails. In consideration of being allowed to participate in these activities and any other services provided by the First Frontier Appalachian Trails or its agents, you represent, acknowledge and agree as follows:

I.  General Release: You hereby acknowledge and agree that this Agreement covers and is intended to release and provide benefits, legal protections and consideration to First Frontier Appalachian Trails their agents, land owners, officers, affiliates, participants, employees, and all other persons or entities acting in any capacity on its behalf.

II.  Release of Potential Injuries: You hereby acknowledge and agree that the use of all-terrain vehicles (“ATVs) and that participating in the use of ATVs and other activities related thereto is inherently and obviously dangerous. The risks include serious physical or emotional injury, death, paralysis, damage to yourself, child, and/or third parties, and damage to personal property of any or all such  persons. You hereby acknowledge and agree that such risks simply cannot be eliminated without jeopardizing the essential qualities of riding ATVs, which you further agree is for recreational purposes and completely voluntary. You acknowledge and agree that while riding ATVs and other related activities that take place on the Trail are periodically monitored by emergency personnel, it is not feasible for such personnel to monitor the activities and actions of all participants simultaneously at all locations. All such activities, actions and risks inherent in the use of ATVs are included, without limitation, in the Release of Liability in Paragraph V herein.

III.  Voluntary Assumption of Risks: You hereby further acknowledge and agree that you, and a child, if applicable, are participating voluntarily and at their own risk. In addition, you acknowledge and agree that the actions or activities of other participants or the actions or inactions of the releasees all sponsors and landowners, board members, etc., could cause you or the child significant bodily injury and that releasees are not responsible for the actions or activities of participants using the Trail or the negligence in supervising the Trail or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:

1.  Death, paralysis, partially or fully, through use of the Trail and participation in ATV activities.

2.  Open wounds, bumps, bruises, the transmission of disease strains and allergic reactions through the use of the Trail or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet or any other body parts as a result of falling off the ATV or other equipment, landing improperly on the ATV or other equipment or making contact with other participants. As noted in paragraph 1 above, such injury can lead to death, paralysis or disfigurement. Participation could further result in heat stroke, heart attack, dehydration or other exertion related medical events.

3.  Observing, standing, walking, sitting or taking photographs at or near the Trail can result in similar physical injury even if the observer is not him or herself participating at the time.

4.  Potential encounters with snakes, spiders, and wild animals as well as exposure to waterborne diseases.

IV:  Agreement to pay my own medical expenses: You acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that you or the child possess, whether known or unknown, which might contribute to or exacerbate an injury you or the child might sustain as the result of using the Trail. You acknowledge and agree that if medical assistance of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy, is required or performed as a result of any injury you or the child sustains while using the Trail, such assistance shall be at your own expense.

V:  Release of Liability: The Releasing Parties (as defined below) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue First Frontier Appalachian Trails; and/or their agents, owners, officers, affiliates, participants, employees, and all other persons or entities acting in any capacity on its behalf or other private property owners granting permission to cross their property on a trail (collectively “Releasees”) from any and all claims, demands, rights, actions, suits, causes of actions, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising directly or indirectly from you or the child’s access to and/or use of the Trail, the child’s and/or your entry into the Trail, the condition, maintenance, inspection, supervision, control or security of the Trail, the failure to warn of dangerous conditions in connection with the Trail, and/or the acts or omissions of any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. You understand that this release and waiver applies not only to use of the ATVs and related equipment but also all activities at the Event. You understand that this Release and Waiver applies to and includes all activities that you or the child engage in at the Event. In the event that any claim released herein is brought by, or asserted on behalf, the Releasing Parties, you shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.

VI:  Term of Agreement: You understand that this Agreement extends forever into the future and will have full force and effect each and every time you or the child participate in any event sponsored by First Frontier Appalachian Trails or any other private individual granting permission for their property to be crossed by the trail.

VII:  Responsibility: You and each child agree to follow the following code of participant responsibility:

1.  You acknowledge and agree there are inherent risks in the participation in or on the Trail, and that such risks include not only use of ATVs, but other activities and equipment. Participants of the Event who use the ATVs, and those who engage in any other activities or use of any other equipment, by participation, accept the risks inherent in such a participation of which the ordinary prudent person is or should be aware. Participants have a duty to exercise good judgment and act in a responsible manner while using the Trail and other equipment, and while engaging in such activities. Participants have a duty to obey all oral or written warnings, or both, prior to or during participating, or both.

2.  You acknowledge and agree that you have a duty not to participate in any activity on the Trail or engage in any other activity or use of any other equipment, when under the influence of drugs or alcohol.

3.  You acknowledge and agree that you have a duty to properly use all necessary safety equipment while on the Trail.

4.  You acknowledge and agree that you have a duty not to participate in any activity at the Trail or engage in other activities or use of other equipment, if you have a pre-existing medical condition or if you may be pregnant.

5.  You acknowledge and agree that you have a duty to remove inappropriate attire, accessories, or dangerous objects prior to entering the Trail.

6.  You acknowledge and agree that you have a duty to avoid bodily contact with other participants.

7.  You acknowledge and agree that you have a duty to conform to meet the height, weight or age restrictions imposed by the manufacturer or owner to use and participate in any ATV riding.

8.  You acknowledge and agree that you have a duty to use the Trail and other equipment within my own limitations, training and acquired skills.

9.  You acknowledge and agree that you have a duty to avoid landing on head or neck as serious injuries, paralysis or death can occur.

10.  You agree to explain all safety rules to each child you accompany, and to ensure that each child obeys the safety rules.

11.  You have had sufficient opportunity to read this document. You have read and understood and agree to be bound by its terms. You understand that the no releasee has the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Releasees and you relating to the child’s and your use of the Trail. There are no other agreements, oral, written, or implied, with respect to such matters. You agree that if any portion of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force.

12.  By purchasing a permit, you represent and warrant that if this waiver pertains to your minor child that you are the parent, legal guardian, or power of attorney for the child and have the authority to execute this Agreement on his or her behalf and to act on his or her behalf. You have read each and every paragraph of this Agreement and you agree to be bound by the terms states herein, including the release of liability contained herein. You further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of the child, which is in any way connected with, arising out of, or result from such child’s use of the Trail. You are eighteen (18) years of age or older. You am entering into this Agreement on behalf of yourself, your spouse or domestic partner, the child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estates, and anyone else who may claim by or through such person or persons (“the Releasing Parties”).

BY PURCHASING A PERMIT, YOU ACKNOWLEDGE AND AGREE THAT IF YOU OR ANY OF YOUR CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM FIRST FRONTIER APPALACHIAN TRAILS; THEIR AGENTS, OWNERS, OFFICERS, AFFILIATES, PARTICIPANTS, EMPLOYEES, AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON ITS BEHALF (COLLECTIVELY OR ANY PRIVATE INDIVIDUAL GIVING PERMISSION FOR PARTICIPANTS TO CROSS THEIR PROPERTY ON A TRAIL “RELEASES”).

BY PURCHASING A PERMIT OR ENTERING THE FIRST FRONTIER APPALACHIAN TRAILS SYSTEM, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ANY OF THE ABOVE, DO NOT COMPLETE THIS PURCHASE!