1. I will join and remain a member in good standing of the HAYSTACK RIDERS CLUB for so long as I wish to be allowed to operate an ATV or UTV on Hermitage Club property.
2. I, and all others identified as authorized to operate an ATV/UTV registered in the HAYSTACK RIDERS CLUB under my membership, will follow and be bound by all HAYSTACK RIDERS CLUB rules, all HERMITAGE MEMBERS’ CLUB rules, and the Town of Wilmington ordinance regulating the use of ATVs or UTVs on public roadways, all of which are linked or attached hereto and incorporated by reference into this Agreement.
3. I will provide evidence of current registration and insurance coverage for any ATV or UTV for which I wish to obtain a HAYSTACK RIDERS CLUB decal along with my initial membership application and with each subsequent annual renewal. In accordance with the Town of Wilmington ordinance and HAYSTACK RIDERS CLUB rules, I will at all times maintain insurance coverage on my ATV/UTV in the following amounts:
- Bodily injury (per person) $250,000
- Bodily injury (per incident) $500,000
- Property damage (per incident) $100,000
4. I will timely pay the HAYSTACK RIDERS CLUB setup fee and annual dues.
5. I ACKNOWLEDGE, AGREE AND UNDERSTAND that the use of ATVs and UTVs may pose risks including injury to myself or others, disability, paralysis, or death, and other damages including damage to property belonging to me or to others. I expressly and voluntarily assume these risks, and agree to be held solely responsible for my own actions.
6. On behalf of myself and my children, any other minor for whom I am the guardian, and my heirs and successors in interest, I now and forever WAIVE, RELEASE, and DISCHARGE the HAYSTACK RIDERS CLUB, the HERMITAGE MEMBERS’ CLUB, and their respective agents, employees, officers, directors, successors, and assigns, of and from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the operation of an ATV or UTV on HERMITAGE MEMBERS’ CLUB property. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. I represent and warrant that I have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and I voluntarily assume that risk as part of this agreement.
7. On behalf of myself and my children, any other minor for whom I am the guardian, and my heirs and successors in interest, I agree that I will not directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against the HAYSTACK RIDERS CLUB or the HERMITAGE CLUB, or their respective agents, employees, officers, directors, successors, and assigns, arising from or pertaining to the operation of an ATV or UTV on HERMITAGE MEMBERS’ CLUB property. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
8. I agree to INDEMNIFY, DEFEND, PROTECT and hold the HAYSTACK RIDERS CLUB and the HERMITAGE MEMBERS’ CLUB, and their respective agents, employees, officers, directors, successors, and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the operation of any ATV or UTV registered in my name and bearing a HAYSTACK RIDERS CLUB decal on HERMITAGE MEMBERS’ CLUB property.
9. I have read, understand and fully agree to the terms of this waiver and release, and I have had the time and opportunity to discuss it with counsel. I understand and confirm that by signing this Member Agreement, I am giving up considerable future legal rights, and I am signing this Member Agreement freely, voluntarily, under no duress or threat of duress, and without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional waiver and release of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this waiver.