Annual Waiver

This agreement is made by the person signing below, individually and, when applicable, as the parent or legal guardian of a minor rider, in favor of BERRYLAND and its owners, landowners, operators, managers, employees, volunteers, contractors, representatives, successors, assigns, insurers, sponsors, guests, and anyone acting for or with BERRYLAND. Those persons and entities are called the Released Parties in this agreement.

BERRYLAND means the motocross riding property located at or associated with 1274 Old Ridge Road, Bonifay, Florida 32425, including riding areas, entrance roads, gates, parking areas, staging areas, pits, trails, fences, buildings, equipment, and surrounding land. This agreement applies to each visit, entry, ride, practice session, event, work activity, observation, or other presence on the property during the waiver period.

The waiver period begins when this agreement is signed and continues for one year unless BERRYLAND requires a new waiver sooner. A new agreement may be required after a material change to the form, rider status, ownership, insurance requirement, or BERRYLAND procedure.

This agreement covers entering, walking, standing, parking, loading, unloading, riding, practicing, observing, assisting, working on motorcycles or equipment, using any vehicle or pit vehicle, and any other activity connected with being at BERRYLAND.

Motocross and off-road motorcycle activity includes contact with natural and man-made riding surfaces; changing soil, sand, clay, mud, dust, and water conditions; jumps, turns, ruts, bumps, elevation changes, blind spots, loose material, obstacles, barriers, fencing, equipment, vehicles, other riders, spectators, and changing weather. Conditions may change before, during, and after a ride.

I understand that motocross and off-road motorcycle riding are inherently dangerous activities. Serious injury, permanent disability, paralysis, death, property damage, and financial loss can occur even when riders use care, wear proper gear, follow instructions, and ride within their ability.

I voluntarily accept all risks connected with BERRYLAND, including risks caused by terrain, weather, visibility, dust, mechanical failure, rider error, the conduct of other riders or visitors, limited communications, delayed emergency response, animals, insects, plants, fire, water, tools, equipment, and the ordinary negligence of any Released Party to the fullest extent permitted by Florida law.

I agree to inspect the areas I use, evaluate conditions for myself or for the minor rider, and stop or leave any area if I believe conditions are unsafe or beyond the rider's ability. I agree to report hazards or concerns to BERRYLAND management when practical.

If I am signing for myself as an adult rider or adult participant, I knowingly and voluntarily release, waive, discharge, and agree not to sue the Released Parties for claims, demands, losses, damages, costs, expenses, or causes of action arising out of or related to my presence at BERRYLAND or participation in any covered activity.

This release includes claims for bodily injury, death, emotional distress, property damage, loss of use, medical expenses, lost income, and any other loss, whether known or unknown, anticipated or unanticipated, and whether arising before, during, or after riding or being present on the property.

This release is intended to apply broadly to the fullest extent allowed by Florida law, including claims based on the ordinary negligence of any Released Party. That includes negligent operation, inspection, maintenance, supervision, instruction, warnings, property conditions, emergency response decisions, and any other act or omission connected with BERRYLAND. It is not intended to release claims that Florida law does not allow to be released.

If the rider is under 18, I certify that I am the rider's parent, natural guardian, legal guardian, or a person with legal authority to sign for the minor rider. I give permission for the minor rider to enter BERRYLAND and participate in motocross and related activities during the waiver period.

I understand that I am allowing the minor rider to participate in a dangerous activity where serious injury or death can occur. I accept those risks for myself and, to the fullest extent allowed by Florida law, for the minor rider. For the minor rider's claims, this release is intended to waive and release claims resulting from inherent risks of the activity to the extent allowed by section 744.301, Florida Statutes, and any other applicable Florida law.

For my own claims as a parent, natural guardian, legal guardian, or accompanying adult, I release and agree not to sue the Released Parties for claims arising from the minor rider's presence, participation, injury, death, property damage, or my own presence at BERRYLAND, including claims based on the ordinary negligence of any Released Party to the fullest extent Florida law allows.

I agree that the minor rider will follow BERRYLAND rules, wear required riding gear, ride within ability, and stop riding if conditions, health, equipment, or instructions make continued participation unsafe. I remain responsible for supervising the minor rider unless BERRYLAND separately agrees otherwise in writing.

For a minor rider, I consent to the minor rider's participation at BERRYLAND and represent that all information I provide is accurate. If another parent or guardian has legal rights related to the minor rider, I represent that I have authority to sign this agreement or have obtained any needed consent.

I agree to indemnify the Released Parties if my authority to sign for the minor rider is challenged, if I provide inaccurate information, or if a claim is brought by or on behalf of the minor rider, another parent or guardian, a family member, an estate, or any other person related to the minor rider's participation.

I authorize BERRYLAND personnel, volunteers, emergency responders, medical providers, or other reasonable persons to arrange first aid, emergency care, ambulance transport, hospital care, or other treatment for me or the minor rider if they believe care is needed and I am not able to make or communicate a decision at that time.

I understand that BERRYLAND may not have medical staff on site, that cell service can be limited, and that emergency response may be delayed by location, weather, road conditions, or availability. I accept responsibility for medical costs and for providing accurate emergency contact and health information.

I agree that every rider must wear appropriate motocross safety gear, including a properly fitted motorcycle helmet, eye protection, boots, long pants, long sleeves or jersey, gloves, and any other gear BERRYLAND requires. I understand that BERRYLAND may refuse riding or require a rider to stop for unsafe gear, unsafe equipment, weather, property conditions, rider conduct, or any other operational reason.

I am responsible for confirming that my motorcycle, gear, vehicle, trailer, tools, and other equipment are in safe working condition. BERRYLAND is not responsible for inspecting, maintaining, repairing, guarding, or securing my equipment or the minor rider's equipment.

I agree to respect the property, gates, parking areas, riding areas, neighbors, other riders, spectators, staff, and posted or verbal instructions. I will not damage property, litter, enter closed areas, ride in non-designated areas, ride impaired, create avoidable hazards, or allow guests under my control to do so.

I understand that paying a ride fee, submitting a waiver, sending a payment notification, or arriving at BERRYLAND does not guarantee that riding will be available on a particular day. Conditions, maintenance, weather, safety, or owner decisions may change what is available.

I agree to defend, indemnify, and hold harmless the Released Parties from claims, demands, losses, damages, judgments, settlements, attorney fees, costs, and expenses arising out of or related to my conduct, the conduct of the minor rider, the conduct of guests I bring or supervise, my equipment or vehicles, my breach of this agreement, inaccurate information I provide, or my presence at BERRYLAND.

For a minor rider, this indemnity includes claims brought by or on behalf of the minor rider, a parent, guardian, family member, estate, insurer, medical provider, or any other person or entity claiming through or because of the minor rider's participation, to the fullest extent permitted by Florida law.

This agreement is intended to be interpreted under Florida law. Any lawsuit, claim, or proceeding related to this agreement, BERRYLAND, or the covered activities must be brought in a Florida court with proper jurisdiction and venue.

If a court finds any part of this agreement invalid or unenforceable, the remaining parts should continue in effect to the fullest extent permitted by law. This agreement is intended to be as broad and protective as Florida law allows.

I have had the opportunity to read this entire agreement before signing. I understand that I am giving up substantial legal rights for myself and, if applicable, for the minor rider. I sign voluntarily and understand that BERRYLAND is relying on my signature, the information I provide, and the promises in this agreement.

My typed name and submitted form are intended to be my electronic signature, with the same force and effect as a handwritten signature to the extent permitted by Florida and federal electronic-signature law. I consent to use electronic records for this waiver.

I agree that the submitted waiver version, effective date, full agreement text, acceptance time, rider information, guardian information when applicable, typed signature, signature date, IP address when available, and browser information when available may be stored as the record of this signed waiver.