R9, 2020-05-29

NOTE: Great American Speed does not accept paper waivers, please submit electronically.

Release and Waiver of Liability and Indemnity Agreement

Great American Speed, LLC {GAS MX}

Racing, Practice, Spectators & Visitors

Version 1

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY SIGNING THIS DOCUMENT, YOU COULD BE RELEASING VALUABLE RIGHTS

Welcome to GAS MX riding facility. Riding dirt bikes, pit vehicles, ATV’s, UTV's, etc. and participating in action sports can and are extremely dangerous, can cause injury and even death. Safety is everyone’s responsibility. The rules attached to this Agreement as Appendix A apply to everyone and must be obeyed by everyone, including rider participants, spectators, and minor children, so please always follow all park and track rules.

In consideration of being permitted to enter for a purpose and RESTRICTED AREA (therein defined as including but not limited to the racing surface, pit areas, infield burn out area, approach area, shut down area, and all walkways, concessions and other areas appurtenant to any area where any activity related to the event shall take place, or being permitted to compete, officiate, observe, work for, or for any purpose participate in anyway in the event.

Any participation in any event activity or visiting known at the Premises known as “GAS MX” or “Great American Speed, LLC” (hereinafter referred to as “the Premises”), including, but not limited to, camping, motocross practice, participation in organized motocross events, watersports, off‐road activities, outdoor activities, instruction associated with those activities, ” (hereinafter referred to as “activity”)or the use of the Premises and/or equipment and/or property, including, but not limited to, the parking areas, campgrounds, tracks, trails, and clubhouse facilities, understands and agree to the following:

Each of the undersigned, for himself, his personal representatives, heirs, and next of kin, will continuously hereafter, inspect such restricted areas and all portions thereof which he enters and with which he comes in contact and he does further warrant that his entry upon such restricted area or areas and his participation, if any in the event constitutes an acknowledgement that he has inspected such restricted area and that he finds and accepts the same as any in the event constitutes and acknowledgement that he has inspected such restricted area and that he finds and accepts the same as being safe and reasonably suited for the purposes of his use, and he further agrees and warrants that if, at any time, he is in or about restricted areas and he feels anything to be unsafe, he will immediately advise the officials of such and will leave the restricted area:

I understand and agree that wherever it is used in this document the term "GAS MX or Great American Speed, LLC" means:

(a) Great American Speed, LLC dba GAS MX; and

(b) all its owners, members and parent or subsidiary corporations.; and

(c) all the people who work for GAS MX ; and

(d) all of the people who are owners, members, officers or directors GAS MX; and

(e) all sponsors of any event or activity associated with GAS MX.; and

(f) all promoters of any event or activity held at the Premises; and

(g) all instructors, equipment operators, staff or personnel who provided training or assistance to me at

or on the Premises, and

(h) the owners of the equipment used at the Premises, and

(i) the owners of the facilities located at the Premises; and

(j) the designers or builders of any track, trail, obstacle, aspect or feature of the Premises, and

(k) all contractors or subcontractors retained by or on behalf GAS MX. to provide any product or

service to GAS MX;

(l) the business known as GAS MX; and

(m) all agents, representatives and assigns of GAS MX.

Hereby releases, waives, discharges and convents not to sue the promoter, participants, racing association, sanctioning organization or any subdivision thereof, track operator, track owner, officials, car owners, drivers, riders, pit crews, any persons in any restricted area, promoters sponsors, advertisers, owners and leases or premises used to conduct the event and each of them, their officers and employees all for the purposes herein referred to as “Releasees,” from liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the Releasees otherwise while the undersigned is in or upon the restricted area, and/or competing, officiating, observing, working for, or for any purpose participating in the event.

3. I/we, on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, agree to waive and give up the right to make a claim against, to sue, to attach the property of, or to prosecute gas mx if I am injured or killed or sustain any damages as a result of my participation in the activities. I agree and understand that i am here and now waiving and giving up my rights to make a claim against, to sue, to attach property, or otherwise prosecute gas mx for any injuries, death or damages that may arise from any event or events that have not yet occurred and that may occur in the future and this waiver of my rights to make any claim against, to sue, to attach property, or otherwise prosecute gas mx applies even if I am injured or killed because of any act or omission, including negligent or grossly negligent acts or omissions of gas mx, or acts or omissions that constitute strict liability or liability under any statute or regulation, of gas mx.

Additionally I, on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, agree to release, discharge, and acquit gas mx from any and all liability, whether arising from negligence, strict liability, contract, tort, any statutory liability, or liability arising out of any regulation, in the event that I am injured or killed as a result of my participating in the activities.

I fully and completely understand and agree that I am here and now forever releasing from any and all liability whatsoever to gas mx for any event or events that may occur in the future and that this release of liability applies even if I am injured or killed because of any act or omission, including negligent or grossly negligent acts or omissions gas mx, or acts or omission that constitute strict liability under any statute or regulation, of gas mx. and agree that i am here and now forever releasing from any and all liability whatsoever gas mx for any event or events that may occur in the future and that this release of liability applies even if I am injured or killed because of any act or omission, including negligent or grossly negligent acts or omissions gas mx, or acts or omission that constitute strict liability under any statute or regulation, of gas mx.

5. I/We on behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, agree to INDEMNIFY and SAVE HARMLESS GAS MX in the event that any person, firm, or corporation, makes a claim against or sues GAS MX for claims arising out of any injury to me, damages sustained by me or

because of my death arising out of my entry onto the Premises or participation in the Activities. I understand and agree

That I, or my heirs or representatives of my estate will be required to indemnify and save harmless gas mx even if I am injured or killed because of acts or omissions, including negligent or grossly negligent acts or omissions of gas mx or acts or omissions that constitute strict liability or liability under any statute or regulation of GAS MX. I understand this paragraph means that if any claim or suit is brought by me or on my behalf against Gas MX, I am contractually obligated to pay GAS MX for all its costs of defense, including but not limited to attorney's fees, litigation expenses, expert witness fees, court costs and any other charge associated with the defense of that claim or suit. If damages are awarded to me or to anyone on my behalf, I am obligated to reimburse GAS MX the entire amount of any such award.

6. I agree and understand that this Release, Waiver, and Indemnity Agreement is binding today and shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, in the Activities at the Premises or enter onto the Premises, and shall be binding upon my heirs, executors and administrators of my estate.

I/We acknowledge that I have read all of the above provisions, fully understand the terms and conditions expressed therein, and have freely chosen to accept the above paragraphs. I understand and accept that, by signing this release, I may never make a claim against, sue or seek to recover any monies, or other compensation, or recovery from gas mx in the event that i am injured or killed, even if I am injured or killed because of the acts or omissions, including the negligent or grossly negligent acts or omissions of gas mx, or acts or omissions that constitute strict liability or liability under any statute or regulation of gas mx.

I/we hereby agrees to indemnify and save and hold harmless the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon restricted area or in any way competing, observing, or working for, or for any purpose participating in the event and whether caused by the negligence of the releasees or otherwise.

I/we hereby assume full responsibility for risk of bodily injury, death, or property damage, due to the negligence of releasees or otherwise while in or upon the restricted area and/or while competing, officiating, observing, or working for, or for any purpose participating in the event.

I acknowledge that any video tape, motion pictures, still photographs, or any other media products taken or created in conjunction with my participation in the activities at or with gas mx shall be and remain the sole property of gas mx and, hereby, consent to gas mx of said video tape, motion pictures, still photographs or any other media products in any manner it deems appropriate, including, but not limited to, advertisements, video productions and displays.

I agree and understand that if any part of this Release, Waiver and Indemnity Agreement is held to be invalid the balance of the instrument is not invalid and is fully and completely binding

EACH OF THE UNDERSIGNED expressly acknowledges and agree that the activities of the event are very dangerous and involves the risk of serious injury/or death and/or property damage. I further understand that, even though I may not be a participant in any of the activities, just by entering the premises and being in close proximity to the activities, I might be exposed to danger, injury and/or death. I am going to voluntarily enter the premises and/or participate in the activities with knowledge of the danger involved and hereby agree to assume any all risks of damage, injury, or death. Each of the undersigned further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as inclusive as is permitted by the law of the Province or State in which the event is conducted (Oklahoma), and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding continue in full force and effect.

I further understand and acknowledge that I do not have to sign this document or participate in any Activity sponsored, offered or initiated by GAS MX, but choose to do so freely and of my own accord.

By signing this waiver you agree to these rules and terminology and acknowledge that these rules can be changed at anytime and that by changing these rules does not void/ waive any signed waiver and by does hereby become part of any existing or prior signed waiver. It is the responsibility of the undersigned to read these rules every time they enter the premises. By signing this form you are consenting to the use of your electronic signature in lieu of an original signature on paper.

I am said person signing

I have read and understood the Rules and Requirements attached to this Agreement as Appendix A for myself and will explain the Rules and Requirements to the Participant I am signing for. I will abide by and comply with all the Rules and Requirements and will ensure that the myself or Participant I sign for abides by and complies with all the Rules and Requirements.

NO HEALTH, MEDICAL, PERSONAL OR PROPERTY COVERAGE IS PROVIDED BY Great American Speed, LLC.

I acknowledge that I authorize in advance any medical treatment deemed necessary by GAS MX/Other for myself and/or minor(s). 

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OR LIABILITY AND INDEMNITY AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

(WE RESERVE THE RIGHT TO I.D. ANYONE ON PREMISES)

IF UNDER 18

PARENT / GUARDIAN MUST SIGN & FILL

THE PARENT OR GUARDIAN HAS READ AND VOLUNTARILY SIGNS THE WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND DOES SO VOLUNTARILY AND WITH THE UNDERSTANDING THAT SUBSTANTIAL RIGHTS ARE BEING GIVEN UP  AND AUTHORIZING THEIR MINOR CHILD TO BE ON THE PREMISES AND/OR PARTICIPATE WITH OR WITHOUT THE LEGAL CUSTODIAN/GUARDIAN ON THE PREMISES. 

I


Please select who will be participating:

First Minor's Information

Second Minor's Information

Third Minor's Information

Fourth Minor's Information

Fifth Minor's Information

Sixth Minor's Information

Participant's Address

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 I represent that I have sole legal custody over myself or I have sole legal custody/am the sole parent/guardian/ of Minor.  

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Signature
          Mon Feb 26, 2024

Emergency Contact Information 

 

APPENDIX A - RULES AND REQUIREMENTS

BY ENTERING THE PREMISES, YOU AGREE TO ABIDE BY AND FOLLOW ALL THE FOLLOWING RULES AND REQUIREMENTS.

FAILURE TO DO SO COULD RESULT IN EJECTION FROM THE PREMISES AND FORFEIT ANY FEES PAID TO GAS MX

All RIDER PARTICIPANTS and SPECTATORS MUST read and sign the Release and Waiver of Liability Assumption of Risks and Indemnity Agreement upon each entry in order to enter GAS MX.

PARENTAL AND GUARDIANSHIP RESPONSIBILITY: It is your responsibility as a PARENT OR GUARDIAN to be aware of your CHILD / MINOR whereabouts and behavior. It is your responsibility to insure that your CHILD / MINOR knows all the Park and Track Rules.

RIDER DOWN: In the event that you fall and are able, immediately get off the track. If you are riding at the time, park your bike off the track and warn oncoming riders of the hazard. If the fallen rider is unconscious or you see obvious broken bones, DO NOT MOVE THEM and call 911! Moving a person with a spinal cord injury can cause PERMANENT INJURY, PARALYSIS AND EVEN DEATH. If the rider is conscious, try to determine extent of injury. If injuries are minor and the rider is able AND WILLING, assist the rider off the track and/or to pit area. If the rider is a MINOR, ask someone to find their parents immediately.

VIDEO/PHOTO DOCUMENTATION: GAS MX HAS THE RIGHT TO utilize video or photo documentation on all safety or liability issues occurred at the Facility.

COMPLAINTS: If you have a complaint or suggestion, please bring it to the attention of the owners of GAS MX or email us at

info@gasmx.net. We DO NOT ALLOW ANY DEFAMATION (LIBEL or SLANDER) including statements in writing, spoken words or pictures on ANY public social media and/or public forums in regards to the operation or condition of our facility or against the owners, members or employees of GAS MX. GAS MX reserves the right to revoke paid fees (non-refundable) and refuse service and/or entry into facility to anyone caught in any defamation acts, including libel or slander whether in writing, spoken words or pictures against GAS MX, or the owners, members or employees of GAS MX.

TRACKS AND FACILITY: The tracks and other areas of facility are designed on natural terrain. Motocross riding and activities, Off-Road riding including ATV's, UTV's, Golf Carts are extremely dangerous. YOU COULD BE HURT, INJURED OR KILLED so always be aware of your surroundings. Tracks and off-road riding areas may include man made and/or natural obstacles. Obstacles may include but are not limited to; trees, jumps, drainage ditches, flagger stands, buildings, scoring towers, equipment, trash cans, cars, pedestrians, fencing, hay bales, debris, and many other varieties of obstacles which surround the track and facility. It is your responsibility to maintain control of your on-road and off-road vehicle at all times.

PARK AND TRACK SAFETY RULES – NO EXCEPTIONS

1. All Minor (under the age of 18) must have parent/guardian signed waiver to enter premises.

2. Every Participant must sign a Release and Waiver of Liability and Indemnity Agreement.

3. All Riders MUST wear the following safety gear while participating including DOT Snell approved motorcycle helmets that must be securely fastened at all times, pants, boots, gloves, long sleeve shirt or jersey and goggles. Knee protection, chest protection, neck protection, or other types of safety equipment is advised, but optional.

4. We reserve the right to refuse service to anyone for any reason! We reserves the right to revoke paid fees (non-refundable) for not following rules!

By entering this Facility, you are assuming personal responsibility for your own actions, actions of others and of minor children. Great American Speed, LLC dba GAS MX IS NOT liable for personal injury, death or lost, damaged or stolen property.

5. FIRST VISIT: If it is your first visit to GAS MX, be sure to fully understand the direction of Tracks. Always follow Track Direction and never ride the tracks in the wrong direction. Track is to be ridden in one direction, always enter and exit the track at designated areas only. If you are unsure of Track Direction, do NOT enter track. Hold your line on track, no stopping in middle of track, on or after jumps, no cutting or crossing the track. Ride within your means and ability.

If you are unsure ask an authorized GAS staff member we want this to be a great experience!

PRACTICE AND RACING TRACK TIPS – BE ALERT!

• Learn the Track Entrance and Exits

• Understand the Direction of Track

• Ride within your means and ability

• Never Cut or Cross the Track

• Hold Your Line

• No Stopping on Track

• Locate the Flaggers

• Always Understand the Flags and Obey

• Never Pass on Yellow Flag

• If you crash, get off Track as Quick as Possible

6. ORGANIZED PRACTICE

Organized Practice Line Up will be organized by how many Riders, Bike Sizes and Skill Levels per practice day. This constantly changes as people arrive and leave. Practice Groups can range from 2 to 8 Practice Groups. A maximum of 30 riders are allowed on MX Track for safety.

Please make sure you are aware of which practice group you are in. If you are unsure ask an authorized GAS staff member before entering MX Track. Be vigilant of which practice group is on the track at all times.

Practice Line Up

Bike Size

Group/Skill Level

125cc & 250cc & 450cc

Pro/Intermediate

125cc & 250cc & 450cc

Novice/Beginners

65cc & 85cc

Pro/Intermediate

65cc & 85cc

Novice/Beginners

50cc ONLY

All 50cc Riders

If for any reason you feel unsafe with your practice group, please see a GAS staff member.

• Organized Practice will be in increments of 15 minutes per practice group but could be broken into different time increments depending on number of Practice Groups, Riders, Bike size and Skill Level.

• All riders must ride with their designated Practice Group only unless otherwise permitted.

• 50cc riders will have their own designated Practice Group. All other bikes sizes will NOT be allowed to ride with 50cc riders regardless of skill level (65cc and up).Unless otherwise permitted.

• 50cc-85cc riders will NOT be allowed to ride with Practice Groups of 125cc and up, regardless of skill level.

• 65cc-85cc more advanced riders will NOT be allowed to ride with 65cc-85cc Beginner/Novice Riders unless otherwise permitted.

• Beginner and Novice riders are not allowed to ride with Practice Groups of Intermediate and Expert riders, regardless of Bike Size unless otherwise permitted.

• No Spectators, Parents, or Other Riders allowed on Track during Practice (unless exception).

• Parents for 50cc, 65cc, 85cc riders will be allowed on designated areas of track. Parents of 50cc-85cc Beginner riders are allowed to follow their child on a bike. Parents following behind must wear a helmet and boots no jumping, passing or riding fast or aggressively is allowed while following child.

7. No spectators or other riders are allowed on tracks during practice and/or events. Do not stand/sit on tracks or cross any track without permission. Trainers will have designated areas and parents for 50cc, 65cc, 85cc riders will be allowed on designated

areas of track only. . Parents of 50cc-85cc Beginner riders are allowed to follow their child on a bike. Parents following behind

must wear a helmet and no jumping, passing or riding fast or aggressively is allowed while following child.

8. In the event that there is a Rider Down, do NOT run on or cross track to assist. This includes spectators, parents and other riders. GAS MX Staff and flaggers are responsible for assisting any Rider Down and maintaining the safety of oncoming riders,

spectators and parents.

9. In the event that you are riding on the track and fall, if you are able immediately get off the track. If a rider goes down while you

are on track and you are able to lend assistance, park your bike off the track and warn oncoming riders of the hazard.

10. Always watch your surroundings and be safe and courteous to other riders and spectators on and off the track.

11. Pit Vehicles, ATV's, UTV's Side by Side and Golf Carts are allowed in Pit Areas only. Pit Vehicles, ATV's, UTV's Side by Side or Golf Carts are NOT allowed on any track. Designated Ride Days will be determined for Quad Practices and events on

Motocross and Supercross Tracks same rules apply.

12. First Gear, idle speed of 5 miles per hour maximum at ALL times in the pit, spectator, parking, etc. areas. We DO NOT allow fast, reckless or aggressive riding. No tandem riding allowed on Tracks. No wheelies, donuts, or starts in the pit, spectator or

parking areas. Be respectful of our grassy areas, pit areas and parking areas and do not create ruts. If you are caught riding fast, without gear, reckless or aggressive, you will be asked to leave the park.

13. All participants are responsible for their own bike, on road vehicle, pit vehicle, ATV, UTV Side by Side, Golf Cart, etc. Never loan your

bike, ATV or pit vehicle to anyone who did not sign a Waiver to ride. If you are caught letting someone ride that has not signed

the appropriate paperwork and has not paid the fees you will be asked to leave the park.

14. No profanity or unsportsmanlike conduct in any form will be tolerated.

15. GAS MX can close any track, at any time, for track maintenance including, but not limited to inclement weather, prepping track, watering track, irrigation repair, or safety issues and concerns. No riding allowed during track maintenance. The discretion of closing track is up to the Track Director. . Please note we do not offer refunds. We only allow 7 day in advance booking. All days past 7 will show as sold out. Those days will become available when within the 7 day booking period. Do not pay days in advance if you are not 100% sure you will make it as we have a no refund/cancellation policy For closings please check our Facebook page (or) contact us before arrival as no refunds are given. Call before you haul!

16. No drugs or use of controlled substance allowed. No alcohol allowed.

17. No firearms or weapons allowed at Facility.

18. Pets are allowed but must always be on leash. Please clean up after your pets.

19. No parking on the road, tracks, driveways, access road. These areas must be clear for use of track personnel or emergency personnel.

20. Do not go through a closed gate or any area that is restricted or forbidden. Riding outside of designed areas or in any restricted area is forbidden.

21. No trespassing after business hours.

22. No littering, including used motorcycle parts/tires, oil, gas, holdings tanks general trash or any contaminants . Properly extinguish all general trash in designated Trash cans.

23. Camping is permitted on Thursdays-Saturday when facility is open. Electric RV Hookups, available. We DO NOT ALLOW any riding after the park/track is closed. The front entrance gate is closed and locked after business hours. Campers must sign waivers, be a rider of GAS MX. A separate Camping Registration -Rules will be required.

24. Great American Speed, LLC dba GAS MX is NOT responsible for any injuries caused or inflicted by any wildlife, stray or domestic animals, insects, reptiles and/or amphibians of any kind.

25. Great American Speed, LLC dba GAS MX is NOT responsible for any damaged, lost or stolen property.

26. Bike wash only allowed in designated areas.

29. No glass containers, No fireworks, No campfire wood with nails.