Waiver of Responsibility, Acknowledgment and Assumption of Risks, and Indemnity Agreement for Austin Moto Adventures Tours, LLC

I hereby acknowledge that I am participating in an advanced motorcycle tour offered by Austin Moto Adventures Tours, LLC (the “Outfitter”) and I fully understand and acknowledge the risks associated with operating a motorcycle. These risks include, but are not limited to, serious injury or death from falling off a motorcycle, collisions with other vehicles or objects, and the inherent dangers of operating a high-speed vehicle. [____]

In consideration of being allowed to participate in the Outfitter’s advanced motorcycle tour, I hereby agree to assume all risks and to release, waive, and discharge the Outfitter, its owners, directors, officers, employees, agents, sub-contractors, guides, staff, and all other persons or entities acting on behalf of the Outfitter (collectively, the “Released Parties”), from any and all claims, liabilities, damages, losses, or expenses, including but not limited to those arising out of or resulting from my participation in the Outfitter’s tour, regardless of whether such claims are based on negligence or other tort theories, breach of contract, or any other legal theory. [____]

I acknowledge that the Outfitter has made no representations, warranties, or guarantees regarding the safety of the tour program or the suitability of any equipment used in the program. I further acknowledge that I have been advised to wear appropriate safety gear during the tour program, including a DOT-approved helmet, eye protection, gloves, and appropriate footwear. [____]

I understand that this waiver and release is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that the exclusive jurisdiction and venue for any dispute arising out of or related to this waiver and release shall be the state and federal courts located in Burnet County, Texas. [____]

I further agree to indemnify and hold harmless all owners, directors, officers, employees, agents, sub-contractors, coaches, and staff of Austin Moto Adventures Tours, LLC from any and all claims, liabilities, damages, losses, or expenses, including but not limited to those arising out of or resulting from my participation in the Outfitter’s tour, regardless of whether such claims are based on negligence or other tort theories, breach of contract, or any other legal theory. [____]

 

Nothing in this Acknowledgment and Assumption of Risks & Release and Indemnity Agreement shall be interpreted as the participant releasing Outfitter from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Outfitter negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Outfitter judgments and decisions, or Outfitter failure to take reasonable precautions to ensure it provides the participant with safe and defect-free equipment. [____]

 

I have read this waiver and release carefully and fully understand its contents. I am signing this waiver and release voluntarily and with the knowledge that I am waiving certain legal rights. [____]

 

Printed name of Participant: __________________________________________________________________________

Signature of Participant: _____________________________________________________________________________

Date: ____________________________________________________________________________________________