Attention Please Read!!!

You must complete the following Liability waivers before you will be allowed to participate in events with Louisiana 4x4.

 

 

Release And Waiver Of Liability And Indemnity Agreement

To Louisiana 4X4 Club Inc.

In consideration of being permitted to participate in any and/or all the events sponsored, promoted, or directed by Louisiana 4X4 Club Inc. for the time period of one calendar year from date submitted, the undersigned for himself or herself, his/her personal representatives, heirs, assigns and relatives, HEREBY RELEASES the Louisiana 4X4 Club, Inc., and it’s respective officers, members, directors, promoters, sponsors, employees, property owners, lessors and their agents, hereafter  referred to as RELEASES, of any and all liability to the undersigned, whether caused by the negligent act or omission of Releases or otherwise, while the undersigned is for any purpose participating in such event, whether the participation is as a volunteer or paid worker, a contestant, an observer or present in any other capacity. It is fully understood by each of the undersigned that there is some inherent and open and obvious risks associated with some of the events and activities sponsored by the Louisiana 4X4 Club, Inc., including but not limited to damage to vehicles and property, personal injury and/or death.

 

IN ADDITION, the undersigned AGREES TO INDEMNIFY AND HOLD HARMLESS the Releases from any and all loss due to property damage, liability damage, or costs Releases could incur due to such participation by the undersigned, whether caused by Releases’ negligence or otherwise and the undersigned further AGREES TO ASSUME FULL RESPONSIBILITY AND RISK for any bodily injury to himself or herself, bodily injury to third parties, death, and/or all property damage resulting from Releases' acts, negligence or otherwise, while the undersigned is participating in any event organized and/or sponsored by the Louisiana 4X4 Club, Inc.

 

IN ADDITION TO THE RELEASE AND INDEMNIFICATION ABOVE, the undersigned understands that the Club is temporarily without Liability Insurance that would protect the landowner where the event is being held and the undersigned AGREES TO INDEMNIFY AND HOLD HARMLESS the said landowner from any loss, liability damage or cost they incur due to such participation by the undersigned, whether caused by landowner’s negligence or otherwise and the undersigned further AGREES TO ASSUME FULL RESPONSIBILITY AND RISK for any and all losses, bodily injury TO HIMSELF OR HERSELF AND OTHERS, death, and/or property damage from the landowner’s acts, negligence or otherwise, while the undersigned is participating in any event organized and/or sponsored by the Louisiana 4X4 Club, Inc. This release also applies to the use by undersigned of any vehicle at, including but not limited to the following locations, Evansville and/or Sheriff Daniel property and/or any other property on which an event may be held and sponsored by Louisiana 4X4 Club, Inc. Undersigned further waives any and all liability associated with participation in the RTI ramp activities and all social events of Louisiana 4X4 Club, Inc.

WARNING
pursuant to LA. R.S. 9:2795.4, a
motorized off-road vehicle sponsor or motorized

off-road vehicle professional is not liable for an injury to or the death of a participant in a motorized off-road vehicle activity resulting from the inherent risks of the motorized off-road vehicle activity. THE UNDERSIGNED ACKNOWLEDGES THAT THEY HAVE BEEN PROVIDED A COPY OF LA. R.S. 9:2795.4 WHICH THEY HAVE READ AND HAVE AN UNDERSTANDING THEREOF.

 

In signing this release, each of the undersigned hereby acknowledges and represents the following:

1. That he or she has read and understood the foregoing Release and Waiver of Liability and Indemnity Agreement;

2. That he or she shall at all times, while riding in a vehicle participating in events, wear their respective seat and shoulder belts;

3. That the owner / driver certifies that he/she has inspected their vehicle being used in the event and they certify that same is in good mechanical condition., and that said vehicle is in compliance with all applicable state laws, including the required liability insurance;

4. That the owner / driver has informed himself/herself about the event and trail involved in the event, either by prior participation or by investigation into the event or trail and has knowledge of the dangers present on said trail;

5. That the owner/driver agrees to assume full responsibility for his/her passengers in his/her vehicle and insures that all passengers have signed this release form;

6. That the owner/driver has liability insurance on the vehicle driven by them as required by the state in which it is registered, and the owner/driver agrees to assume full legal liability for any damage or injury which may be caused by the owner/driver’s acts whether by negligence or otherwise.


LOUISIANA REVISED STATUTE 9:2795.4.

Limitation of liability; motorized off-road vehicle activities; definitions; exceptions; required warning

A.  As used in this Section, the following terms shall have the following meanings, unless the context requires otherwise:

(1)  "Engages in motorized off-road vehicle activity" means rides or drives, or is a passenger upon a motorized off-road vehicle, or is a person assisting a participant or management.  The term "engages in a motorized off-road vehicle activity" does not include being a spectator at a motorized off-road vehicle activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the motorized off-road vehicle activity.

(2)  "Inherent risks of motorized off-road vehicle activities" means those dangers or conditions which are an integral part of a motorized off-road vehicle activity, including but not limited to:

(a)  The propensity of a motorized off-road vehicle to roll over in ways that may result in injury, harm, or death to persons on or around it.

(b)  Certain hazards such as surface and subsurface conditions.

(c)  Collisions with other motorized off-road vehicles or objects.

(d)  The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the motorized off-road vehicle or not acting within his ability.

(3)  "Motorized off-road vehicle" means any two- or four-wheeled vehicle powered by a combustible engine or electric motor and weighing eleven thousand five hundred pounds or less, whether or not such vehicle is required to be registered to operate upon the highways of this state.

(4)  "Motorized off-road vehicle activity" includes any or all of the following:

(a)  A motorized off-road vehicle show, race, competition, or performance that involves any or all motorized off-road vehicles, including but not limited to any dirt track, paved or unpaved race course, or jump.

(b)  Training, teaching, or demonstrating activities involving motorized off-road vehicles.

(c)  Driving, inspecting, or evaluating a motorized off-road vehicle belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the motorized off-road vehicle at a motorized off-road vehicle facility.

(d)  A ride, trip, hunt, or other motorized off-road vehicle activity of any type, however informal or impromptu, that is sponsored by a motorized off-road vehicle activity sponsor.

(5)  "Motorized off-road vehicle activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for a motorized off-road vehicle activity, including but not limited to a hunting club; riding club; school or college-sponsored class, program, or activity; therapeutic riding program; or any operator, instructor, or promoter of a motorized off-road vehicle facility.

(6)  "Motorized off-road vehicle facility" means any area used for any motorized off-road vehicle activity, including but not limited to a farm, ranch, riding arena, barn, pasture, riding trail, paved or unpaved race course, or other area or facility used or provided by a motorized off-road vehicle activity sponsor or where a participant engages in a motorized off-road vehicle activity.

(7)  "Motorized off-road vehicle professional" means a person engaged for compensation in any of the following:

(a)  Instructing a participant or renting to a participant a motorized off-road vehicle for the purpose of riding, driving, or being a passenger upon the motorized off-road vehicle.

(b)  Renting equipment to a participant in a motorized off-road vehicle activity.

(8)  "Participant" means any person, whether amateur or professional, who engages in a motorized off-road vehicle activity, whether or not a fee is paid to participate in the motorized off-road vehicle activity.

B.  Except as provided in Subsection C of this Section, a motorized off-road vehicle activity sponsor, a motorized off-road vehicle professional, or any other person, which shall include individuals and all forms of business entities, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of a motorized off-road vehicle activity and, except as provided in Subsection C of this Section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from, a motorized off-road vehicle activity sponsor, a motorized off-road vehicle professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of motorized off-road vehicle activities.

C.  Nothing in Subsection B of this Section shall prevent or limit the liability of a motorized off-road vehicle activity sponsor, a motorized off-road vehicle professional, or any other person if the motorized off-road vehicle activity sponsor, motorized off-road vehicle professional, or other person either:

(1)  Provided the equipment, and knew or should have known that the equipment was faulty, and such equipment was faulty to the extent that it did cause the injury.

(2)  Failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the motorized off-road vehicle activity.

(3)  Owned, leased, rented, or otherwise was in lawful possession and control of the land or facility upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the motorized off-road vehicle activity sponsor, motorized off-road vehicle professional, or other person and for which warning signs have not been conspicuously posted.

(4)  Committed an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.

(5)  Intentionally injured the participant.

D.  Nothing in Subsection B of this Section shall prevent or limit the liability of a motorized off-road vehicle activity sponsor or a motorized off-road vehicle professional or other person under liability provisions as set forth in the Louisiana Products Liability Act, R.S. 9:2800.51 through 2800.59.

E.  Every motorized off-road vehicle professional and every motorized off-road vehicle activity sponsor shall post and maintain a sign conspicuously located or provide a written warning which contains the warning notice specified in Subsection F of this Section.  The sign shall be placed in a clearly visible location on or near any registration area, staging area, or arena where the motorized off-road vehicle professional or the motorized off-road vehicle activity sponsor conducts a motorized off-road vehicle activity, or the written warning shall be given to each participant prior to the commencement of the activities. The warning notice specified in Subsection F of this Section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height or shall appear in the written warning in boldfaced capital letters no smaller than twelve-point type.  Every written contract entered into by a motorized off-road vehicle professional or by a motorized off-road vehicle activity sponsor for the provision of professional services, instruction, or the rental of equipment or a motorized off-road vehicle to a participant, whether or not the contract involves motorized off-road vehicle activities on or off the location or site of the motorized off-road vehicle professional's or the motorized off-road vehicle activity sponsor's business, shall contain in clearly readable print the warning notice specified in Subsection F of this Section.

F.  The signs, written warnings, and contracts described in Subsection E of this Section shall contain the following warning notice:  "WARNING Under Louisiana law, a motorized off-road vehicle activity sponsor or motorized off-road vehicle professional is not liable for an injury to or the death of a participant in a motorized off-road vehicle activity resulting from the inherent risks of the motorized off-road vehicle activity, pursuant to R.S. 9:2795.4."

G.  Failure to comply with the requirements concerning warning notices provided in this Section shall prevent a motorized off-road vehicle activity sponsor or motorized off-road vehicle professional from invoking the privilege of immunity provided by this Section. Acts 2003, No. 1011, §1; Acts 2004, No. 912, §1; Acts 2005, No. 51, §1.


Media release

Louisiana 4x4 Club (LA4x4) reserves the right to use any photograph/video taken at any event it participates in, without the expressed written permission of those included within the photograph/video. LA4x4 may use the photograph/video in publications or other media material produced, used or contracted by LA4X4 including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian. A person attending a LA4X4 event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and the event organizers, AND contact LA4X4 at louisiana4x4club@gmail.com, in writing of his/her intentions and include a photograph. LA4X4 will use the photo for identification purposes and will hold it in confidence. By participating in a LA4X4 event and by failing to notify LA4X4, in writing, of your desire to not have your photograph used by LA4X4, you are agreeing to release, defend, hold harmless and indemnify LA4X4 from any and all claims involving the use of your picture or likeness. Any person or organization not affiliated with LA4X4 may not use, copy, alter or modify LA4X4 photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from LA4X4.


Waiver Must Be Completed By All Participants. By submitting the information below the driver and all passengers are agreeing to reading and understanding the documents above.

Driver Name *
Driver Name
Passenger 1 Name
Passenger 1 Name
Passenger 2 Name
Passenger 2 Name
Passenger 3 Name
Passenger 3 Name
Todays Date *
Todays Date
Birthday *
Birthday
Phone *
Phone

 (For a participant under the age of 18 years of age, both parents, the parent with legal custody, or the minor's legal guardian must sign this release form and write the word "minor" and age next to the minor's name.)