APEX Offroad Club, Inc. (APEXOC), the club, Facebook page and groups, website, its organizers, officers, directors, sponsors, employees, agents, and crew (the “Organizers”) assume no responsibility for you or your guests.  If you choose to participate in any of the Organizers’ events, you assume all responsibility for yourself and your guests and agree not to hold the “Organizers” liable in any way.

Before attending any club event, you must agree that:

1. You have read all the rules and conditions applicable to the Event;

2. The Event officially begins and ends at the location(s) designated by APEXOC.  The Event does not include carpooling, transportation, or transit to and from the Event, and you are personally responsible for all risks associated with any travel to and from the Event.

3. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

4. To the fullest extent allowed by law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY the Organizers from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by the negligence of the Organizers, in any way connected with any Organizers’ event.  You further agree to HOLD HARMLESS the Organizers from any claims, damages, injuries, or losses caused by your own negligence while a participant at any event.  You understand and intend that this assumption of risk and release is binding upon your guests, passengers, heirs, executors, administrators, and assigns, and includes any minors and pets accompanying you at any of Organizers’ events.

5. You have read this document in its entirety, and you freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, you agree to participate in Organizers’ event.

6. You and your guests will conduct your behavior in a responsible manner. APEXOC does not condone the consumption of alcohol or illicit drugs.  If you choose to engage in such behavior and, as a result, your behavior is deemed unsafe, disrespectful, belligerent, or disruptive to club events and runs you will face disciplinary action which may include forfeiture of membership or invitations to attend events.

7. The organizers are not professional guides or trained leaders and are not medically trained to handle emergencies.  Please carry a personal medical emergency kit and any medications you need.  Motorized off-road driving/riding is an inherently dangerous activity that can lead to serious injuries including but not limited to slip and fall injuries, fractures, snake bites, heat exhaustion, sunburn, sun poisoning, ticks, and frostbite.  Always remember to let the event organizer know if you are straying from the group.  Stay on the trail, never drive/ride alone and use your own common sense.

8. The “Organizers” cannot assure suitability of any trail to your specific vehicle, nor can they assure your vehicle is suitable for any of the trails/trips undertaken by the “Organizers”.

9. It is your responsibility to ensure that you are in good health and your car/truck/jeep is in good running order before participating in a high-intensity activity like this one.  You’re advised to carry a spare tire, a puncture repair kit, and a jack.  A GMRS/FRS, CB or ham radio is advisable but don’t worry if you don’t have one, people usually have a spare radio or two.  We also recommend a first aid kit, and a tow rope/tow hook.

10. You understand that participation will include a variety of hazards and dangers, foreseen or unforeseen.  These hazards and dangers could result in personal injury, property damage, and death (“Injuries and Damages”).  These hazards and dangers may include, but are not limited to, falling, falling objects, drowning, temperature exposure, equipment failure, improper use of equipment, inadequate or improper instruction or assistance, exposure to wild animals including poisonous animals, insects, debris, plants, unpredictable forces of nature, inclement weather, dehydration, unsanitary food or hydration.

11. The Organizers will not assume any liability for adverse reactions to foods consumed or items one may come in contact with while eating at any of the Organizers’ events.

Food Safety & Allergy Disclaimers:

APEXOC is not a professional food distributor, caterer, or preparer.  You understand that even when best practices are followed, food preparation carries with it inherent risks that include but are not limited to health hazards resulting from improper transport, handling, and storage, which are especially risky when holding this type of event in a remote location such as a camping site with no running water or electricity, in an outdoor setting which is in no way a professional and enclosed kitchen.  In addition, you are aware that in a buffet style setting where club members have access to the food tables and dishes, it is even harder to prevent food, utensil, or cutlery contamination.  You are also aware that other club members beside the Organizers may bring their own food and may offer to share it without the Organizers’ knowledge.

By participating in these events, you assume all liability; specifically, you agree to not hold liable the Organizers or other participants for the cleanliness, suitability, freshness, or safety of any food you may be offered or consume.

Because members often share food at our events, or sometimes events are catered by third-party vendors or both, it cannot be guaranteed that every allergen in the food served will be identified and labeled either.

The possibility that caterers or manufacturers of the foods that members consume, bring, use or prepare at home could change the formulation at any time, without notice also exists.  Customers concerned with food allergies must be aware of this risk.  Attendees with life-threatening food allergies who may need to use an epi-pen should be carrying their own.  The Organizers are NOT trained to administer epi-pens and CANNOT provide or administer them.

Assumption of Risks:

You, for yourself and for your guest participants, if any, ACKNOWLEDGE AND ASSUME the risks of the activity in which you will be participating, whether or not those risks are described above and whether they are inherent or otherwise.  It is your responsibility to inform your guests of the potential risks, and you assume any and all liability for your guests.  We recommend you have them read this entire disclaimer.

Release and Indemnity:

To the fullest extent allowed by law, you, for yourself and for any of your guests, agree to WAIVE AND RELEASE FROM LIABILITY, the “Organizers” from any and all liability on account of, or in any way relating to, any loss you or your guests may suffer, including loss of or damage to property, personal injury and death in any way related to your enrollment in or participation in an activity of the “Organizers” group/club.  You further agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the “Organizers” from any claims, damages, injuries or losses either suffered by you or your guests while an enrollee or participant in an activity of APEXOC.  These agreements of release and indemnity include negligence of the “Organizers”, but not gross negligence or intentionally wrongful behavior.

INDEMNIFICATION AND HOLD HARMLESS

You agree to INDEMNIFY AND HOLD HARMLESS the Organizers from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my involvement in Event, whether brought by you, your company or its agents or employees, or other third parties, and to reimburse the indemnities for any such expenses incurred.

ACKNOWLEDGMENT OF UNDERSTANDING

You have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that you are giving up substantial rights, including your right to sue.  You acknowledge that participation in the event requires you agree to these terms and that you are doing so freely and voluntarily, are over the age of 18, and intend by your participation to be a complete and unconditional release of all liability to the greatest extent allowed by law.