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CAROLINA OVERLAND EXPERIENCE, LLC

VEHICLE RECOVERY & TOW ASSISTANCE LIABILITY WAIVER & RELEASE AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING

This is a legally binding agreement. By signing this document, you acknowledge that you understand and voluntarily accept the risks involved in vehicle recovery or tow assistance provided by Carolina Overland Experience, LLC (“COE”). You further waive certain legal rights, including the right to sue COE, its owners, employees, agents, and affiliates (collectively, the “Released Parties”).

1. SCOPE OF SERVICES

COE may, at the request of a vehicle owner or operator, assist in the following activities:

  • Recovery of vehicles stuck in sand, mud, water, or other off-road terrain;

  • Flat towing of inoperable vehicles to a safe and accessible location;

  • Basic off-road recovery support using tow straps, kinetic ropes, recovery boards, winches, or other equipment.

COE does not operate or facilitate recoveries and tows on public roads, streets, highways or freeways. Should a vehicle require a tow to a repair facility the owner or operator of the vehicle will need to coordinate with a wrecker/tow company for transport over public roads, highways, etc.

2. ASSUMPTION OF RISK

I acknowledge and understand that off-road recovery and towing assistance involves inherent risks, including but not limited to:

  • Damage to my vehicle, its mechanical components, bodywork, tires, or accessories;

  • Risk of personal injury to myself or others in or near the recovery area;

  • Equipment failure, cable/strap snapping, or improper connection resulting in property or bodily harm;

  • Environmental hazards, unstable terrain, or unpredictable weather conditions.

I understand that COE makes no guarantees regarding the success, safety, or outcome of any recovery or tow assistance. I voluntarily assume all risks associated with these services.

3. RELEASE OF LIABILITY & WAIVER OF CLAIMS

In consideration for receiving recovery or tow assistance from COE, I, on behalf of myself, my heirs, successors, assigns, personal representatives, and estate, hereby waive, release, and discharge the Released Parties from any and all claims, demands, actions, liabilities, or causes of action, including those arising from negligence, related to or resulting from:

  • Damage to my vehicle or property;

  • Personal injury, death, or disability;

  • Loss of use, towing fees, repair costs, or other incidental expenses.

This release applies even if the injury or damage is caused, in whole or in part, by the negligence of COE or its agents.

4. INDEMNIFICATION AGREEMENT

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

  • My request for or participation in vehicle recovery or tow assistance;

  • My actions or omissions before, during, or after the service;

  • Any third-party claims resulting from the recovery or towing process.

5. ACKNOWLEDGEMENT OF VEHICLE CONDITION

I understand and agree that:

  • My vehicle may be damaged during the recovery or tow process due to pre-existing conditions or the nature of the terrain;

  • COE is not responsible for any resulting damage to my vehicle, including mechanical, cosmetic, or structural;

  • I will inform COE of any known issues, vulnerabilities, or modifications on my vehicle that may affect the safety or viability of recovery.

6. MEDIA RELEASE

I grant COE permission to photograph or record the recovery process for marketing, promotional, or educational purposes. I waive any right to compensation or further approval.

7. SEVERABILITY & GOVERNING LAW

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed under the laws of the State of North Carolina. Any disputes shall be resolved in a court of competent jurisdiction within the State.

8. ACKNOWLEDGEMENT & SIGNATURE

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

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