ATTENDEE RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK 

I, the undersigned individual (referred to as “I” or “me”), desire to attend ArkanSTOL Ozark Backwoods Challenge  (the “Event”), an off-roading event which will include among other activities, the use of aircraft, all-terrain vehicles (ATVs), utility task vehicles (UTVs), dirt bikes, jeeps, trucks, side-by-sides, buggies and other recreational vehicles (each, a “Vehicle”) for races, obstacle courses and other off-road competitions, exhibits and events and to access and use outdoor camping and recreational facilities and equipment (collectively, the Activities”) provided by ARKANSAS SHORT TAKEOFF AND LANDING AVIATION EVENTS, LLC, an Arkansas Limited Liability Corporation (the “Company”), on the premises located at 7037 Cass Oark Road, Ozark, Arkansas 72949 and all adjacent lands used in connection with the Event and the Activities (the “Location”). As lawful consideration for being permitted to participate in the Activities and for the intangible value that I will gain therefrom, I agree to the terms and conditions set forth in this Release and Waiver of Liability and Assumption of Risk (this “Agreement”) for the benefit of the Company and its members (the “Owners”).

1. I UNDERSTAND, ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING:

(a) That I will use and access camping and recreational areas and facilities at the Location in wooded areas with uneven and changing elevation, in areas adjacent to the Mulberry River and creeks, ditches and other waterways and other natural obstacles and conditions. Certain areas of the Location may also include roads, off-road trails and other vehicle passageways with tire tracks, ruts and other elevation changes. I acknowledge and understand that there are risks, hazards and dangers associated with these conditions, which include, but are not limited to, falling trees, limbs and branches, the uncertainties of the river or of the weather, flooding, hazards in the river, and with the uncertainty of conditions in an outdoor environment. I understand that the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, property damage or death.

(b) Prior to setting up my tent, RV or other camping equipment, I will fully inspect the campsite for obstacles, dangers or unsafe conditions and will notify a Company representative should any such condition exist. I am mentally and physically fit and able to camp in an outdoor environment, to participate in the Activities and to sufficiently inspect the Location for unsafe conditions. 

(c) That I acknowledge and agree that the Event involves races, obstacle courses and other competitions on narrow passageways and in tightly compacted areas and that, in many cases, there are no guard-rails or protective barriers between spectators who are watching the Activities and the Vehicles actively used in connection with the Activities. Accordingly, I acknowledge the risk that Vehicles (or parts thereof) may suddenly and expectantly leave the designated course track and enter space occupied by spectators, which is likely to cause serious bodily injury or death to spectator. I understand that the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, property damage or death if I choose to participate in the Activities.

2. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY INVOLVE DANGEROUS OUTDOOR CONDITIONS, THE RISK OF AIRCRAFT AND/OR VEHICLES SUDDENLY LEAVING DESIGNATED COURSE AREAS AND THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY DELAYED EMERGENCY RESPONSE OPERATIONS. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES, OBSERVING THE EVENT AND ACCESSING THE COMPANY’S EVENT AREA WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, ASSOCIATED THEREWITH.

3. I, on behalf of myself, my personal representatives, heirs, and next of kin, hereby expressly waive and release forever any and all claims or demands on account of injury to myself or my property or resulting in my death, now known or hereafter known in any jurisdiction throughout the world, against the Owners and the Company, and its officers, directors, shareholders, employees, agents, affiliates, lessees, lessors, and successors and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities or my access to and use of the Location, whether arising out of the negligence of the Company, the Owners or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company, the Owners or any other Releasee, and forever release and discharge the Company, the Owners and all other Releasees from liability under such claims.

4. I shall defend, indemnify and hold harmless the Owners, the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers arising out or resulting from any claim of a third party related to my participation in the Activities.

5. This Agreement is the sole and entire agreement with respect to the subject matter contained herein and supersedes all prior understandings, agreements, representations and warranties with respect to such subject matter. I further expressly agree that the foregoing release, waiver, and indemnity is intended to be as broad and inclusive as is permitted by the laws of Arkansas. If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision.  Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Franklin County, Arkansas and I hereby consent to the exclusive jurisdiction of such courts.

6. PHOTO RELEASE. I hereby grant The Company the permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of The Company and will not be returned. I hereby irrevocably authorize the ArkanSTOL to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. 

I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.  I ALSO ACKNOWLEDGE THAT I HAVE READ AND AGREED TO ALL THE RULES PERTAINING TO THIS CAMPGROUND AND BUSINESS INCLUDING THE CAMPGROUND AND OFF-ROAD RULES. IF I BREAK ANY OF THESE RULES I AM LIABLE FOR DAMAGES.