WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in “OooRUCK '24” (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, 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 whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge  Ma Deuce Deuce, LLC. (Ma22)  ,  located  at  7  Apache  Dr.  Toms  River  NJ  08753, their affiliates, managers, members, agents, attorneys, staff,  volunteers,  heirs,  representatives, predecessors,  successors and assigns,  for  any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer  as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM  PARTICIPATING  IN  THE  ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS 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 my own or others' negligence, conditions related to travel,  or the  condition  of  the  activity  location(s).  Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity, including travel to, from and during this activity.

I agree to indemnify and hold harmless Ma Deuce Deuce, LLC. (Ma22) against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my  behalf,  including  attorney's  fees  and  any  related  costs,  if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Ma Deuce Deuce, LLC. (Ma22) incur any of these types of expenses, I agree to reimburse Ma Deuce Deuce, LLC.. I acknowledge that  Ma Deuce Deuce, LLC. (Ma22)  and  their  directors,  officers, volunteers, representatives  and agents  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 Ma Deuce Deuce, LLC.

I  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.

THE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, THOSE CAUSED BY TERRAIN, FACILITIES, TEMPERATURE, WEATHER, LACK OF HYDRATION, CONDITION OF PARTICIPANTS, EQUIPMENT, VEHICULAR TRAFFIC AND ACTIONS OF OTHERS, INCLUDING BUT NOT LIMITED TO, PARTICIPANTS, VOLUNTEERS, SPECTATORS, COACHES, EVENT OFFICIALS AND EVENT MONITORS, AND/OR PRODUCERS OF THE EVENT. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A  RELEASE  OF  LIABILITY. 

I  expressly  agree  to  release  and  discharge  Ma  Deuce Deuce, LLC. (Ma22)  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 i agree to voluntarily  give  up  or  waive      any right that i otherwise have to bring a legal action against Ma Deuce Deuce, LLC. (Ma22) for personal injury or property  damage.  To the  extent that statute or case law  does  not  prohibit  releases  for  negligence,  this  release  is  also  for  negligence  on  the  part  of  Ma  Deuce  Deuce, LLC. (Ma22), its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible  for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 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 the Participant, and Ma Deuce Deuce, LLC. (Ma22) agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will 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, so long as the clause severed does not affect the intent of the parties. 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.