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Carolina Overland Experience, LLC

PASSENGER 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 agree to its terms, including the waiver of certain legal rights — including the right to bring a lawsuit against Carolina Overland Experience, LLC (“COE”), its owners, agents, employees, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”).

This waiver applies to any individual participating as a passenger in a COE-owned or privately-owned vehicle during any COE event, activity, or experience (collectively, the “Activities”).

1. MARKETING & DEALERSHIP PARTNERSHIPS

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

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.

2. ASSUMPTION OF RISK

I acknowledge that participation as a passenger in an off-road vehicle during the Activities involves inherent and unavoidable risks, including but not limited to:

  • Travel over rough, uneven, or unpredictable terrain, resulting in jolts, bumps, or sudden vehicle movements;

  • Vehicle rollovers, collisions, equipment malfunctions, or mechanical failures;

  • Exposure to extreme environmental conditions, wildlife encounters, or natural hazards;

  • The risk of personal injury, including but not limited to bruises, sprains, fractures, or more serious injury, up to and including death.

I understand that COE cannot and does not guarantee my safety. I voluntarily assume full responsibility for all risks, both known and unknown, associated with my participation as a passenger.

3. RELEASE OF LIABILITY & WAIVER OF CLAIMS

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

  • Personal injury, disability, or death;

  • Damage to or loss of personal property;

  • Rescue operations, emergency medical treatment, or evacuation efforts.

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

4. INDEMNIFICATION

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

  • My participation in the Activities;

  • My failure to follow COE’s instructions, rules, or safety protocols;

My actions or omissions during the Activities.


5. MEDICAL AUTHORIZATION & INSURANCE RESPONSIBILITY

I certify that I am physically and mentally fit to participate as a passenger in the Activities. I have no medical condition or limitation that would impair my ability to safely ride in an off-road vehicle.

I acknowledge that COE does not provide health, accident, or medical insurance. I am solely responsible for any medical expenses incurred as a result of injury during the Activities.

In the event of an emergency, I authorize COE to obtain medical treatment for me, with the understanding that I am fully responsible for any associated costs.

6. PHOTO & VIDEO RELEASE

I grant COE the unrestricted right to capture, use, and reproduce photographs, video recordings, or other media taken during the Activities for marketing, promotional, educational, or other lawful purposes without compensation or further approval.

7. AGREEMENT TO COMPLY WITH COE POLICIES

I agree to:

  • Follow all instructions and safety briefings provided by COE personnel;

  • Wear all required safety equipment properly;

  • Remain seated and securely buckled while in a moving vehicle;

  • Refrain from any conduct that may distract the driver or interfere with safe vehicle operation.

I understand that failure to comply with these policies may result in immediate removal from the Activities without refund.

8. SEVERABILITY & GOVERNING LAW

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any dispute arising from this Agreement shall be resolved exclusively in a court of competent jurisdiction within North Carolina.

9. ACKNOWLEDGEMENT & SIGNATURE

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

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