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CAROLINA OVERLAND EXPERIENCE, LLC

CUSTOMER LIABILITY WAIVER & RELEASE AGREEMENT

IMPORTANT — PLEASE READ CAREFULLY BEFORE SIGNING

This is a legally binding agreement. By signing this document, you are waiving certain legal rights, including the right to bring a lawsuit against Carolina Overland Experience, LLC, its owners, agents, employees, contractors, affiliates, successors, and assigns (collectively, “Released Parties”).

1. LEGALLY LICENSED DRIVERS

All participants operating a vehicle during any Carolina Overland Experience, LLC (“COE”) activity must possess a valid, unexpired driver’s license. A copy of such license must be provided to COE prior to the commencement of any driving activity. Failure to provide a valid driver’s license will result in disqualification from operating a vehicle during any COE activity. No exceptions shall be permitted.

2. MARKETING & DEALERSHIP PARTNERSHIPS

Participants may elect to allow COE to share their contact information with their nearest participating dealership. This may result in communications regarding new or used vehicle offers, service updates, or promotional opportunities.

Please indicate your preference:
I authorize COE to share my contact information with my nearest participating dealership.
I do NOT authorize COE to share my contact information.

Participants may revoke consent at any time by providing written notice to COE.

3. ASSUMPTION OF RISK, RELEASE OF LIABILITY, & INDEMNIFICATION AGREEMENT

a. ASSUMPTION OF RISK

I acknowledge and agree that participation in off-road driving, recovery training, overland expeditions, and all related activities (collectively, the “Activities”) involves inherent risks, including, but not limited to:

  • Vehicle collisions, rollovers, or mechanical failures;

  • Personal injury, including but not limited to fractures, sprains, lacerations, or death;

  • Exposure to adverse weather, hazardous terrain, or wildlife;

  • Property loss or damage, including to vehicles and equipment.

I voluntarily accept and assume full responsibility for all risks associated with the Activities, whether foreseen or unforeseen.

b. RELEASE OF LIABILITY & WAIVER OF CLAIMS

In consideration of being permitted to participate in the Activities, I, for myself and on behalf of my heirs, assigns, personal representatives, and estate, hereby waive, release, and forever discharge the Released Parties from any and all claims, demands, causes of action, damages, or liabilities of any kind whatsoever, including those arising from negligence, relating to or resulting from:

  • Personal injury, disability, or death;

  • Property loss or damage;

  • Emergency medical treatment or rescue operations.

This release applies even if the injury, loss, or damage is caused by the negligence of the Released Parties.

c. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, and expenses (including attorney’s fees) arising out of or relating to:

  • My participation in the Activities;

  • My violation of any COE rules, instructions, or applicable laws;

  • Any claims brought by third parties as a result of my actions or omissions.


4. MEDICAL AUTHORIZATION & INSURANCE RESPONSIBILITY

I certify that I am in good physical and mental condition and have no medical condition that would impair my ability to safely participate in the Activities. I understand that COE does not provide health or accident insurance and that I am solely responsible for any medical expenses incurred as a result of my participation.

In the event of an emergency, I authorize COE to secure medical treatment for me, with the understanding that I am solely responsible for any related costs.

5. VEHICLE DAMAGE & RESPONSIBILITY

If Operating a COE-Owned Vehicle:

I agree that I am financially responsible for any damage to a COE-owned vehicle resulting from my reckless, careless, or negligent operation. I further agree to:

  • Operate the vehicle in accordance with COE’s instructions and safety protocols;

  • Refrain from operating the vehicle while impaired by alcohol, drugs, or any substances affecting my ability to drive.


If Operating My Personal Vehicle:

I understand that I am solely responsible for any damage, mechanical failure, recovery, towing, or repair costs associated with my personal vehicle. COE assumes no responsibility for such incidents.

6. PHOTO & VIDEO RELEASE

I hereby grant COE permission to use any photographs, video recordings, or other media captured during the Activities for marketing, promotional, or educational purposes without compensation or further approval.

7. PARTICIPANT CONDUCT & COMPLIANCE

I agree to:

  • Follow all safety instructions and guidelines provided by COE staff;

  • Abide by TREAD Lightly! principles and environmental stewardship practices;

  • Utilize any required safety equipment properly.

Failure to comply may result in immediate removal from the Activities without refund.

8. SEVERABILITY & GOVERNING LAW

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. Any legal action shall be brought exclusively in a court of competent jurisdiction within North Carolina.

9. ACKNOWLEDGEMENT & SIGNATURE

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THE TERMS OF THIS AGREEMENT. I FURTHER ACKNOWLEDGE THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Multi-line address

To help ensure a smooth and efficient check-in—and maximize time on the trails—please upload a front & back copy of your active driver's license.

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