Privacy policy
By accepting this policy, i agree that i have read, acknowledge and fully understand the Terms and conditions attached.
Please note - there is a weight limit of 120Kg for this activity.
All deposits are NON - REFUNDABLE unless the experience is cancelled by ATV Aburi
Quad bike tours start at your scheduled time - any riders more than 15 minutes late will loose their deposit.
PARTICIPATION AGREEMENT
(Legal Guardian or Individual over the age of 18)
INHERENTLY RISKY RECREATIONAL ACTIVITY - MAY RESULT IN DEATH OR PARALYSIS- QUAD BIKE AT OWN RISK
THIS PARTICIPATION AGREEMENT ("Agreement") is made and is effective as of the last date executed (hereinafter the "Effective Date") by and between ATV Aburi, (hereinafter "ATV Aburi") and the adult or guardian identified (hereinafter "Adult"), who is executing this Participation Agreement personally, and on behalf of themselves and any minor children specified below (the Adult and any minor children are collectively referred to hereinafter as the "Participants"). ATV Aburi and Participants are collectively referred to hereinafter as the "Parties."
WHEREAS, ATV Aburi owns and/or operates a recreational ATV park/trails located at Aburi Gardens, Aburi, Eastern Region, Ghana (hereinafter ''ATV Aburi"); and
WHEREAS, ATV Aburi makes its services available to customers solely for recreational use and enjoyment, not as a service to the general public; and WHEREAS, Participants desire to participate in ALL the recreational activities made available by ATV Aburi; and
WHEREAS, Participants know, understand and acknowledge that participation in ANY of the recreational activities available at the ATV Park/trails is purely voluntary, not essential or necessary, and intended solely for recreational enjoyment; and
WHEREAS, Participants know, understand and acknowledge that the use of ATV Aburi equipment (including the ATV itself and safety equipment at ATV Aburi, obstacle courses and the facilities constitutes an inherently risky recreational activity that is likely to result in serious injury (such as paralysis and death), damage to property, and injury to third parties; and
WHEREAS, ATV Aburi will not make the ATV track available to Participants unless Participants are willing to take personal responsibility for any and all known and unknown injuries to Participants, damage to property, and injuries to third parties that may result from Participants' voluntary participation in ALL the recreational activities available at the ATV Park/trails and any of the other causes identified hereinafter. Any damage to property will incur a fee of 2,500 GHS.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions, representations, and agreements contained herein, as well as the cost of admission to the ATV Park/trails, the Parties hereby agree as follows:
1. Waiver and Release of Liability
Whether using equipment and/or the facilities or not, all Participants, on behalf of themselves, and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the "Releasing Parties"), forever, finally, fully, permanently and unconditionally waive, release, acquit and discharge ATV Aburi, and its present and former employees, owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, agents, attorneys, insurers, suppliers, manufacturers, clients, customers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the "Released Parties"), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the ATV equipment and any of the other facilities at the ATV Park/trails, and any claims for costs, expenses and attorneys' and expert fees associated therewith. All riders must be at least 16 years old unless consent is given by a parent or guardian who countersigns the waiver on the riders behalf.
2. Assumption of Risk
Releasing Parties know, understand and acknowledge that the use of ATV equipment (including the ATV itself and safety equipment), obstacle courses, as well as the facilities constitutes an inherently risky recreational activity that may result in serious injury (such as paralysis and death), injury to third parties, and damage to property. Releasing Parties know, understand and acknowledge that these risks include, but are not limited to, falling off equipment, collision with fixed objects and/or people, and failed attempted jumps and stunts. Releasing Parties hereby assume the risk both known and unknown of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to Participants' past, present or future use of the ATV equipment, obstacle course, and the ATV Park/trails premises.
3. Indemnification
To the extent allowed by law, the Releasing Parties hereby indemnify and covenant to hold harmless and defend Released Parties from any and all charges, passive and active negligence, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the ATV equipment and any of the other facilities at the ATV Park/trails, or based on or arising out of any breach of this Agreement, its covenants, representations, or warranties by the Releasing Parties, and any claims for costs, expenses and attorneys'/expert fees associated therewith.
4. Fitness to Participate
Participants represent that they: (i) Are in good health, and in proper physical condition to participate in ALL activities on the ATV Park/trails premises; (ii) Are NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their ability to safely participate in any activity on the ATV Park/trails premises; (iii) Do NOT have ANY pre-existing conditions which would make Participants unfit to participate in ANY activity at the ATV Park/trails. It is the sole responsibility of all Participants to determine sufficiency of health, fitness, and ability to participate in ANY activity on the ATV Park/trails premises.
5. Covenant Not to Sue
Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the ATV equipment and any of the other facilities at the ATV Park/trails, and any claims for costs, expenses and attorneys' fees associated therewith.
6. Representations, Warranties, and Further Assurances
Adult represents and warrants that she/he was given ample opportunity to read and review this Participation Agreement. Adult further represents and warrants that she/he is the parent or legal guardian of the minor Participants, and that she/he has and will maintain adequate medical or other insurance to cover and pay for any possible injury that may occur to
7. Integration
This Participation Agreement constitutes the entire and only agreement and understanding between the Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by an agreement in writing executed by all of the Parties hereto.
8. Binding Nature of this Participation Agreement
The provisions of this Participation Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors and assigns.
9. Severability
All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In the event that any provision hereof is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid, prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining provisions contained in this Participation Agreement shall not in any way be affected or impaired thereby.
10. Choice of Law and Jurisdiction
This Participation Agreement shall be governed by and construed in accordance with the laws of Ghana. Releasing Parties explicitly know, understand and acknowledge that the laws of Ghana may be more likely to recognize the validity and enforceability of the terms of this Participation Agreement-and particularly the parental waiver. In executing this Participation Agreement, Releasing Parties' expressly intend and desire for the substantive laws of Ghana to govern the validity and enforceability of this Participation Agreement.
11. Mediation and Arbitration
Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement, including but not limited to Participants' use of the ATV equipment, the obstacle course or any of the other facilities, or premises at the ATV Park/trails shall be submitted to a formal mediation using a mediator, or a comparative impartial third party, appointed by the local municipal authority or any other mediator to which the Parties agree in writing. Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the other Party, in writing and within ten days after the mediation is concluded, of its demand for arbitration. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the case.
12. Attorney Fees for Breach of this Participation Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein, including without limitation the eleventh clause, the non-prevailing Party shall pay all costs and expenses, including reasonable attorneys' fees and expert fees, incurred by the prevailing Party as a result of this default.
13. Acknowledgment of the Rules
All participants MUST READ, UNDERSTAND and FOLLOW all ATV Aburi rules. By signing this Agreement you are representing and warranting that you have read, understand and will follow all rules.
14. Video, Photo, and Image Release
The Agreement gives ATV Aburi, the exclusive rights and permissions to use all media captured on the ATV Park/trails premises. Including but not limited to: security footage, photos, and video. Which can be used for any and all purposes including but not limited to publication in both printed and electronic media, internet, websites, advertisement, and other promotional uses.
Please note - there is a weight limit of 120Kg for this activity.
All deposits are NON - REFUNDABLE unless the experience is cancelled by ATV Aburi
Quad bike tours start at your scheduled time - any riders more than 15 minutes late will loose their deposit.
PARTICIPATION AGREEMENT
(Legal Guardian or Individual over the age of 18)
INHERENTLY RISKY RECREATIONAL ACTIVITY - MAY RESULT IN DEATH OR PARALYSIS- QUAD BIKE AT OWN RISK
THIS PARTICIPATION AGREEMENT ("Agreement") is made and is effective as of the last date executed (hereinafter the "Effective Date") by and between ATV Aburi, (hereinafter "ATV Aburi") and the adult or guardian identified (hereinafter "Adult"), who is executing this Participation Agreement personally, and on behalf of themselves and any minor children specified below (the Adult and any minor children are collectively referred to hereinafter as the "Participants"). ATV Aburi and Participants are collectively referred to hereinafter as the "Parties."
WHEREAS, ATV Aburi owns and/or operates a recreational ATV park/trails located at Aburi Gardens, Aburi, Eastern Region, Ghana (hereinafter ''ATV Aburi"); and
WHEREAS, ATV Aburi makes its services available to customers solely for recreational use and enjoyment, not as a service to the general public; and WHEREAS, Participants desire to participate in ALL the recreational activities made available by ATV Aburi; and
WHEREAS, Participants know, understand and acknowledge that participation in ANY of the recreational activities available at the ATV Park/trails is purely voluntary, not essential or necessary, and intended solely for recreational enjoyment; and
WHEREAS, Participants know, understand and acknowledge that the use of ATV Aburi equipment (including the ATV itself and safety equipment at ATV Aburi, obstacle courses and the facilities constitutes an inherently risky recreational activity that is likely to result in serious injury (such as paralysis and death), damage to property, and injury to third parties; and
WHEREAS, ATV Aburi will not make the ATV track available to Participants unless Participants are willing to take personal responsibility for any and all known and unknown injuries to Participants, damage to property, and injuries to third parties that may result from Participants' voluntary participation in ALL the recreational activities available at the ATV Park/trails and any of the other causes identified hereinafter. Any damage to property will incur a fee of 2,500 GHS.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions, representations, and agreements contained herein, as well as the cost of admission to the ATV Park/trails, the Parties hereby agree as follows:
1. Waiver and Release of Liability
Whether using equipment and/or the facilities or not, all Participants, on behalf of themselves, and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the "Releasing Parties"), forever, finally, fully, permanently and unconditionally waive, release, acquit and discharge ATV Aburi, and its present and former employees, owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, agents, attorneys, insurers, suppliers, manufacturers, clients, customers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the "Released Parties"), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the ATV equipment and any of the other facilities at the ATV Park/trails, and any claims for costs, expenses and attorneys' and expert fees associated therewith. All riders must be at least 16 years old unless consent is given by a parent or guardian who countersigns the waiver on the riders behalf.
2. Assumption of Risk
Releasing Parties know, understand and acknowledge that the use of ATV equipment (including the ATV itself and safety equipment), obstacle courses, as well as the facilities constitutes an inherently risky recreational activity that may result in serious injury (such as paralysis and death), injury to third parties, and damage to property. Releasing Parties know, understand and acknowledge that these risks include, but are not limited to, falling off equipment, collision with fixed objects and/or people, and failed attempted jumps and stunts. Releasing Parties hereby assume the risk both known and unknown of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to Participants' past, present or future use of the ATV equipment, obstacle course, and the ATV Park/trails premises.
3. Indemnification
To the extent allowed by law, the Releasing Parties hereby indemnify and covenant to hold harmless and defend Released Parties from any and all charges, passive and active negligence, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the ATV equipment and any of the other facilities at the ATV Park/trails, or based on or arising out of any breach of this Agreement, its covenants, representations, or warranties by the Releasing Parties, and any claims for costs, expenses and attorneys'/expert fees associated therewith.
4. Fitness to Participate
Participants represent that they: (i) Are in good health, and in proper physical condition to participate in ALL activities on the ATV Park/trails premises; (ii) Are NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their ability to safely participate in any activity on the ATV Park/trails premises; (iii) Do NOT have ANY pre-existing conditions which would make Participants unfit to participate in ANY activity at the ATV Park/trails. It is the sole responsibility of all Participants to determine sufficiency of health, fitness, and ability to participate in ANY activity on the ATV Park/trails premises.
5. Covenant Not to Sue
Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the ATV equipment and any of the other facilities at the ATV Park/trails, and any claims for costs, expenses and attorneys' fees associated therewith.
6. Representations, Warranties, and Further Assurances
Adult represents and warrants that she/he was given ample opportunity to read and review this Participation Agreement. Adult further represents and warrants that she/he is the parent or legal guardian of the minor Participants, and that she/he has and will maintain adequate medical or other insurance to cover and pay for any possible injury that may occur to
7. Integration
This Participation Agreement constitutes the entire and only agreement and understanding between the Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by an agreement in writing executed by all of the Parties hereto.
8. Binding Nature of this Participation Agreement
The provisions of this Participation Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors and assigns.
9. Severability
All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In the event that any provision hereof is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid, prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining provisions contained in this Participation Agreement shall not in any way be affected or impaired thereby.
10. Choice of Law and Jurisdiction
This Participation Agreement shall be governed by and construed in accordance with the laws of Ghana. Releasing Parties explicitly know, understand and acknowledge that the laws of Ghana may be more likely to recognize the validity and enforceability of the terms of this Participation Agreement-and particularly the parental waiver. In executing this Participation Agreement, Releasing Parties' expressly intend and desire for the substantive laws of Ghana to govern the validity and enforceability of this Participation Agreement.
11. Mediation and Arbitration
Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement, including but not limited to Participants' use of the ATV equipment, the obstacle course or any of the other facilities, or premises at the ATV Park/trails shall be submitted to a formal mediation using a mediator, or a comparative impartial third party, appointed by the local municipal authority or any other mediator to which the Parties agree in writing. Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the other Party, in writing and within ten days after the mediation is concluded, of its demand for arbitration. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the case.
12. Attorney Fees for Breach of this Participation Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein, including without limitation the eleventh clause, the non-prevailing Party shall pay all costs and expenses, including reasonable attorneys' fees and expert fees, incurred by the prevailing Party as a result of this default.
13. Acknowledgment of the Rules
All participants MUST READ, UNDERSTAND and FOLLOW all ATV Aburi rules. By signing this Agreement you are representing and warranting that you have read, understand and will follow all rules.
14. Video, Photo, and Image Release
The Agreement gives ATV Aburi, the exclusive rights and permissions to use all media captured on the ATV Park/trails premises. Including but not limited to: security footage, photos, and video. Which can be used for any and all purposes including but not limited to publication in both printed and electronic media, internet, websites, advertisement, and other promotional uses.