THIS IS A RELEASE OF LIABILITY.

READ IT CAREFULLY AND COMPLETELY BEFORE SIGNING.

ACTIVITY PARTICIPATION ASSUMPTION OF RISK,
RELEASE, WAIVER, AND DISCHARGE

Dry Lake Motocross Park

3730 Trail Gulch Road
Gypsum, CO 81637

The registering participant (the “Participant”) has requested permission from the Rocky Mountain Sport Riders (“RMSR”) and the Town of Gypsum (“Town”) to use the Dry Lake Motocross Park and/or its facilities including the access road thereto (collectively, the “Motorpark”) for various activities. Participant understands that all motor vehicles are inherently dangerous and the sport of motocross involves exercise or physical exertion of varying degrees of difficulty, which may be strenuous and taxing both physical and mentally, and by using the Motorpark and participating in this activity, Participant runs the risk of physical injury, both internal and external, temporary or permanent, or the risk of death, and may run the risk of developing mental stress.

Participant acknowledges and agrees that he/she is responsible for knowing his/her ability to participate, for adequately preparing him/herself and his/her equipment, and assessing the safety or condition of the Motorpark, and is responsible for determining not to use the Motorpark if he/she believes any of the foregoing are inadequate.  Participant acknowledges and agrees Participant must provide his/her own personal insurance and will not use the Motorpark if Participant’s personal insurance coverages are not adequate to cover the Participant for any loss that might occur.

In consideration of the Participant being permitted to come upon and/or use the Motorpark, and being fully informed of the risks inherent in using motorized vehicles, participating in the sport of motocross, and being at a high-elevation, remote, rural site, Participant understands such activities involve exercise or physical exertion of varying degrees of difficulty, which may be strenuous and taxing both physically and mentally.

1. Participant has independently evaluated and reviewed the risks to determine to use the Motorpark and engage in the sport of motocross and, for himself/herself, his/her spouse, legal representatives, heirs and assigns, voluntarily accepts and assumes (a) all risks involved in or associated with the Participant’s presence and/or activities at the Motorpark and (b) all responsibility for losses, bodily injury (including without limitation death), property damage, costs and other damages the Participant may incur or cause as a result of the Participant’s presence and/or activities at the Motorpark.  Participant will not sue the Released Parties (as defined below) as a result of any personal injury or loss, bodily injury (including death), damage to or loss of, or destruction of any personal property resulting from or arising out of Participant’s presence and/or activities at the Motorpark.
2. Participant, for himself/herself, his/her spouse, legal representatives, heirs and assigns, hereby releases and discharges the RMSR and the Town, Eagle County Government and their respective owners, officers, officials, directors, shareholders, members, trainers, managers, trustees, affiliates, subsidiaries, employees, volunteers, contractors, representatives, attorneys, agents, heirs, executors, administrators, successors, and assigns, as the case may be, both individually and collectively (the “Released Parties”), from all liability, claims, demands, losses or damages (including without limitation any liability, claims, demands, losses or damages based on the negligence or misconduct of the Released Parties) in any way arising out of or in connection with the Participant’s presence and/or activities at the Motorpark.
3. Participant hereby agrees to be responsible and liable for any and all loss or damage to any property of any of the Released Parties or any other individual or entity that is caused, directly or indirectly, by the Participant and further agrees to indemnify and hold harmless the Released Parties for acts or conducts on the Participant’s part, of whatever kind or nature whatsoever, while Participant is present and/or participating in activities at the Motorpark.
4. Participant hereby agrees to fully indemnify and hold harmless the Released Parties from and against any and all liability, claims, demands, losses, damages, costs, or expense, including without limitation court costs and attorneys’ fees, in any way arising out of or in connection with the Participant’s presence and/or activities at the Motorpark, whether such loss or liability was caused by the negligence of the Released Parties or otherwise.

BY REGISTERING, YOU INDICATE THAT THE PARTICIPANT HAS CAREFULLY READ AND FULLY AGREE TO THE TERMS OF THIS RELEASE. THE PARTICIPANT UNDERSTANDS AND AGREES THAT THIS IS A FINAL RELEASE OF LIABILITY. No oral representations, statements or inducements, other than the foregoing written agreement have been made.  The participant agrees for this Release to be as broad and inclusive as permitted by Colorado law and acknowledge(s) and agrees that this Release is binding upon the participant, and the participant’s personal representatives, heirs, successors, executors, administrators and assigns and shall inure to the benefit of the respective personal representatives, heirs, successors and assigns of the Released Parties.

DRY LAKE MOTOCROSS PARK RULES

Please respect the rules to keep this facility open. We expect safe, appropriate, and courteous use of this facility. Failure to abide by the rules will result in loss of access to the facility.

• You must be a RMSR member before you buy a pass. To become a member, go to the MX Park option and click “register”.
• No Quads/ATV/UTV use. ONLY 2-WHEEL motorcycles allowed.
• The MX Park is generally open early May – end of September, seven days a week, sunrise to sunset. Open at 9:00 AM on weekends to allow for track prep time.
• You must have and display a current, valid Colorado OHV tag. This park was built primarily with funds from these tags.
• Use established tracks & trails only. Ride the track that matches your abilities.
• DOT certified helmets must be worn at all times, including pit areas. Full safety gear is recommended.
• All riders must have a signed waiver on file (do this during registration).
• Riders under 18 must have a waiver on file signed by both the rider and a legal guardian or parent.
• Riders under the age of 16 must be accompanied by and under immediate supervision of an over 18 parent/guardian.
• Pit area speed limit: 15 mph. Speeding will get you tossed out of the park.
• Tracks are one-way only; do not ride tracks backwards.
• Pack out your trash. Clean up any trash that you see.
• No fires, no fireworks, no camping, no overnight use, no alcohol, no drugs, no shooting.
• Do not impede traffic on the main road.
• Do not park, ride, camp, or drive on the conservation easement areas. Park only in designated areas.
• Dogs must be leashed at all times or placed in the dog run adjacent to the picnic shelter.
• Drone use is prohibited unless approved for a specific purpose by the Town of Gypsum.
• Each rider must be covered under his/her own medical insurance policy. RMSR, Town of Gypsum, or Eagle County Government does not provide medical insurance for any rider or for their guests. Ride within your ability, always respecting other riders and other riders’ various abilities.
• Recreational shooting or other discharge of weapons is prohibited, except by licensed hunters in-season.
• Facility or portions of the facility may be closed at any time at the discretion of Rocky Mountain Sport Riders. Facility may be closed for reasons such as weather, on-going maintenance, overcrowding, or safety concerns with overall track quality. Portions of the facility may be closed to pass holders during race events.
• If you fail to follow these rules, you are trespassing and will be prosecuted.

REMEMBER: USE OF THIS PROPERTY IS A PRIVILEGE, NOT A RIGHT. LET’S MAKE SURE THIS FACILITY IS AVAILABLE FOR GENERATIONS OF FAMILIES TO COME!