WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in the ExploringNH.com Trans NH Expedition, and as consideration for the right to participate in the Trans NH Expedition, I hereby, for myself, my heirs, executors, administrators, volunteers, owners, 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 Trans NH Expedition, and do hereby release and forever dischargeExploringNH.com and/or FSHJNKY4X4, LLC., located at P.O. Box 5074, Manchester, NH 03108, 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 participating in the aforementioned Trans NH Expedition, including traveling to and from an event related to the Trans NH Expedition.

In consideration for being part of the Trans NH Expedition, the vehicle owner, driver and passengers agree as follows. All rights to advertising, promotion, building, recording, existing and other exploitations of the event, the participation and vehicles entered in the Trans NH Expedition and activities during the Trans NH Expedition, before during and reasonable related to the event are reserved to ExploringNH.com and FSHJNKY4X4, LLC and its assigns. Participants hereby grant ExploringNH.com and FSHJNKY4X4, LLC, full and unconditional permission to make still and motion pictures and any other type(s) of audio or visual recordings of them and their vehicles participation in the events and their activities during the Trans NH Expedition, during and after the Trans NH Expedition and reasonably related to the Trans NH Expedition and the exclusive, worldwide and perpetual right to use the same, together with the names, likeness and biographies of participants and the names, likeness and date of, or relating to their entered vehicles for publicly advertising, exhibition and exploration, whether or not for profit, in print, audio, video and other communications media by reproduction and sale or other distribution by any and all means.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED Trans NH Expedition AND I AM PARTICIPATING IN THE Trans NH Expedition ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THE Trans NH Expedition, 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 Trans NH Expedition LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THE Trans NH Expedition.

I agree to indemnify and hold harmless ExploringNH.com and/or FSHJNKY4X4, LLC., 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 ExploringNH.com and/or FSHJNKY4X4, LLC., incurs and of these types of expenses, I agree to reimburse ExploringNH.com and/or FSHJNKY4X4, LLC.

I acknowledge that ExploringNH.com and/or FSHJNKY4X4, LLC., and their directors, officers, owners, 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 ExploringNH.com and/or FSHJNKY4X4, LLC.

I ACKNOWLEDGE THAT THE Trans NH Expedition 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, owners, spectators, coaches, event officials and event monitors, and/or procedures of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULL UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE EXPLORINGNH.COM AND/OR FSHJNKY4X4, LLC., AND ALL OF ITS AFFILIATES, MANAGERS, OWNERS, 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 EXPLORINGNH.COM AND/OR FSHJNKY4X4, LLC. 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 ExploringNH.com and/or FSHJNKY4X4, LLC, its agents, volunteers, members, participants and owners.

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 ExploringNH.com and/or FSHJNKY4X4, LLC., 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.

In the event of an emergency, please contact the following person(s) in the order presented:

Emergency Contact Name
Relationship to Participant
Telephone

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

Participants Email Address:
If you are a passenger:
Participant’s Name:
Forum Name:
Participant’s Address:
Participant’s Driver License Number:
Licensing State:
Date:

PLEASE READ AN SIGN BELOW IF YOU HAVE MINORS JOINING YOU FOR THIS EVENT

PARENT/GUARDIAN WAIVER FOR MINORS

In the event that the participant(s) are under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:

I hereby certify that I am the parent or guardian of , , and do hereby give my consent without reservation to the foregoing on behalf of this individual.

Parent/Guardian Name:

Relationship to Minor:

SIGN BELOW: