Traqhunter
Legal

Motorsport Waiver and Release of Liability

Version 2026-10-16

Version / Effective Date: [Insert Date]

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY SIGNING, YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES OR DEATH CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. SECTION 14 ALSO REQUIRES THAT ANY REMAINING CLAIMS, INCLUDING PERSONAL INJURY AND WRONGFUL DEATH CLAIMS, BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT WITHIN 30 DAYS. DO NOT SIGN UNLESS YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU MAY CONSULT A LAWYER BEFORE SIGNING.

Booking and Participant Information

  • Booking ID: [Auto-filled]
  • Property / Listing: [Auto-filled Listing name] (the "Property")
  • Host / Land Owner: [Auto-filled Host name] (the "Host")
  • Booking Date(s): [Auto-filled]
  • Participant Name: ______________________
  • Participant Date of Birth: ______________________
  • Emergency Contact Name and Phone: ______________________

Each participant must sign this Agreement individually. An adult cannot sign on behalf of another adult. A minor's parent or legal guardian must sign for the minor (see Section 11).

1. Parties and Definitions

This Participant Agreement, Waiver and Release of Liability, and Assumption of Risk (this "Agreement") is entered into by the undersigned participant ("I," "me," or the "Participant") in favor of the following (together, the "Released Parties"):

(a) [Company Legal Name], doing business as Traqhunter, and its affiliates, and their respective owners, members, managers, officers, directors, employees, contractors, developers, and agents (together, "Traqhunter"); and

(b) the Host, the owner(s), lessee(s), and occupant(s) of the Property, and their family members, employees, and agents.

"Activity" means entering, being present on, inspecting, and operating, riding as a passenger on, or being near any ATV, side-by-side (SxS/UTV), dirt bike, 4x4 vehicle, or other motorized or non-motorized vehicle on the Property, and all related activities, including loading and unloading, spectating, camping (if permitted), and traveling within the Property.

2. Acknowledgment of Traqhunter's Role

I understand that Traqhunter is an online marketplace that connects Hosts and Riders. Traqhunter does not own, operate, manage, maintain, inspect, supervise, or control the Property or any vehicle, and does not provide instruction, safety personnel, or emergency services. I understand that the Property is private land, often raw and unimproved, and that it may not be designed, built, or maintained as a riding facility.

Insurance. I understand that Traqhunter's Terms require Hosts to carry liability insurance covering recreational motorsport use of their property. That insurance protects the Host and Traqhunter; it is not insurance for me, and it does not change or limit this Agreement. I am responsible for maintaining my own health, accident, and vehicle insurance as I consider appropriate.

3. Inherent Risks of Off-Road Motorsport

I understand and acknowledge that off-road motorsport, including the operation of ATVs, dirt bikes, side-by-sides, and 4x4 vehicles, is an inherently dangerous activity that involves risks that cannot be eliminated without changing the essential nature of the Activity. These risks include, but are not limited to:

  • Terrain and natural conditions: hidden or obvious ruts, holes, blind drops, cliffs, ledges, washouts, rocks, roots, stumps, fallen trees, brush, loose or unstable soil, sand, mud, water crossings, ice, and changing terrain;
  • Man-made features: fences, wires, cables, gates, posts, culverts, ditches, buildings, equipment, jumps, berms, and debris;
  • Weather and environment: rain, heat, cold, dust, reduced visibility, lightning, wind, darkness, and changing weather;
  • Wildlife and animals: livestock, wild animals, insects, snakes, and plants that may cause injury or allergic reaction;
  • Vehicle risks: rollovers, ejection, collisions, loss of control, mechanical or equipment failure, fire, fuel spills, and burns;
  • Human factors: my own skill level, fatigue, judgment, speed, and conduct, and the conduct of other riders, passengers, spectators, and third parties;
  • Remote location: the Property may be distant from medical care, and emergency response may be delayed; cell service may be limited or unavailable; and
  • Consequences: property damage, minor and serious injury, broken bones, head and spinal injury, paralysis, permanent disability, and death.

4. Voluntary Assumption of Risk

I am participating in the Activity voluntarily. Knowing the risks described above and others that may not be foreseeable, I expressly and voluntarily assume all risks of property damage, personal injury, illness, permanent disability, and death arising from the Activity, whether those risks are known or unknown, inherent or otherwise, including risks arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law.

5. Release and Waiver of Liability

To the fullest extent permitted by law, I, for myself and on behalf of my heirs, executors, administrators, personal representatives, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE the Released Parties from any and all claims, demands, causes of action, losses, damages, and liabilities of any kind, including for property damage, personal injury, illness, disability, or wrongful death, arising out of or related to the Activity, including claims arising from the ORDINARY NEGLIGENCE of any Released Party.

Without limiting the foregoing, this release includes claims based on alleged:

  • negligent design, layout, construction, or marking of trails, tracks, or riding areas;
  • failure to inspect, maintain, clear, or repair the Property;
  • failure to warn of natural or open and obvious hazards;
  • inadequate signage, boundary markers, or trail markers; and
  • negligent selection of the Host or listing of the Property by Traqhunter.

6. What This Agreement Does NOT Release

This Agreement does not release, waive, or limit, and I am not giving up any claim for:

  • gross negligence, recklessness, or willful, wanton, or intentional misconduct of a Released Party;
  • a Host's knowing concealment of a dangerous condition that the Host knew about and that was not open and obvious;
  • any violation of a safety statute or regulation by a Released Party, where applicable law prohibits release of such claims; or
  • any other claim that cannot be released under applicable law.

I understand that the law of some states limits or does not permit pre-injury releases of negligence claims, and that in those states this Agreement will be enforced only to the extent permitted by law; my assumption of the inherent risks of the Activity will still apply.

7. Mandatory Self-Inspection

I agree that upon arrival and before operating any vehicle at speed, I will conduct a physical, slow-speed inspection of the designated riding areas, trails, and boundaries that I intend to use. I will:

  • ride or walk the areas at a slow, controlled speed to identify hazards;
  • avoid any area or feature that I believe is unsafe or beyond my skill level;
  • continue to ride at speeds and in a manner appropriate for the conditions I observe, and re-inspect areas when conditions change (for example, after rain); and
  • immediately stop and report to the Host, and through the Traqhunter platform, any dangerous condition I discover.

I acknowledge that, by beginning to ride at speed after my inspection, I have had a full opportunity to inspect the Property, I accept the conditions I observed or reasonably could have observed, and I have determined that the areas I choose to ride are suitable for my skill level and vehicle. If I am not satisfied with the condition of the Property, I will not ride and will follow the reporting process in the Refund and Cancellation Policy.

8. Participant Representations and Rules

I represent and agree that:

(a) I am physically and mentally fit to participate, and I have no medical condition that would make participation unreasonably dangerous to me or others;

(b) I have the skill, training, and experience appropriate for the vehicle I will operate and the terrain I will ride;

(c) I am solely responsible for my vehicle and equipment, which will be in safe working order and appropriate for my age and size and for the terrain, consistent with manufacturer recommendations;

(d) I will wear appropriate safety gear at all times while riding, including a properly fitted helmet meeting applicable safety standards (e.g., DOT, Snell, or ECE), eye protection, gloves, over-the-ankle boots, and protective clothing;

(e) I will not ride under the influence of alcohol, cannabis, or any drug or medication that impairs my abilities;

(f) I will hold any license, certification, or registration required by law, and comply with all applicable laws;

(g) I will stay within the designated boundaries, follow all Host rules and posted signs, not carry passengers on vehicles not designed for them, and not trespass onto neighboring land;

(h) I will keep the Property's exact location and access information confidential as required by the Traqhunter Terms and Conditions; and

(i) I am responsible for physical damage I cause to the Property beyond ordinary wear from permitted use.

9. Medical Treatment Authorization

I authorize the Released Parties, without obligating them, to call for emergency medical services or arrange transport on my behalf if I am injured or ill and unable to consent. I agree to be financially responsible for the cost of any such services. I understand that the Released Parties are not medical providers and that emergency services may be delayed by the Property's remote location.

10. Claims by Family Members and Others

I intend this Agreement to bind, to the fullest extent permitted by law, my heirs, executors, administrators, personal representatives, and estate, including with respect to wrongful-death and survival claims. I understand that, in many states, my spouse, children, or other family members may have their own independent claims (such as for loss of consortium, emotional distress, or loss of support) that I cannot waive on their behalf. To the fullest extent permitted by law, I agree that I will not assist, encourage, or fund any such claim against the Released Parties that arises from a risk or claim I have assumed or released in this Agreement.

[Optional – Spouse / Domestic Partner Acknowledgment (see signature block). A participant's spouse or domestic partner may also sign below to release his or her own derivative claims. Attorney to confirm whether to include; see Review Memo.]

11. Minor Participants – Parent or Guardian Consent, Release, and Indemnity

This Section applies if the Participant is under 18 years old. [Participants must be at least 13 years old.] [Alternative: Participants under 13 may participate only if permitted by the Host, using age-appropriate vehicles and under direct adult supervision at all times.]

By signing below, the parent or legal guardian ("Parent/Guardian") confirms that:

(a) the Parent/Guardian is the minor's parent or legal guardian with legal authority to sign on the minor's behalf;

(b) the Parent/Guardian has read and understands this entire Agreement, including the risks described above, and consents to the minor's participation;

(c) the minor will use a vehicle appropriate for the minor's age, size, and skill, consistent with manufacturer age recommendations and applicable law, and will be directly supervised by a responsible adult at all times;

(d) on the Parent/Guardian's own behalf, the Parent/Guardian releases the Released Parties on the same terms as Section 5 (subject to Section 6), including for the Parent/Guardian's own claims for medical expenses, loss of services, and emotional distress;

(e) on the minor's behalf, the Parent/Guardian releases the Released Parties on the same terms as Section 5 (subject to Section 6), to the extent permitted by applicable law. The Parent/Guardian understands that many states do not enforce a parent's pre-injury release of a minor's own claims, and that in those states this release may not bar the minor's claims; and

(f) on the Parent/Guardian's own behalf and, to the extent permitted by applicable law, on the minor's behalf, the Parent/Guardian agrees to the arbitration provisions in Section 14 for any claim arising from the minor's participation; and

(g) to the fullest extent permitted by law, the Parent/Guardian will indemnify the Released Parties for claims brought by or on behalf of the minor that are released by this Agreement, except claims arising from a Released Party's gross negligence or willful misconduct. [Attorney to review: parental indemnity provisions are void as against public policy in some states.]

12. Indemnification

To the fullest extent permitted by law, I will indemnify and hold harmless the Released Parties from claims, losses, and reasonable attorneys' fees arising from (a) my breach of Section 8, or (b) injury or damage to any third party (including other participants, guests, spectators, or neighbors) caused by my negligent or intentional acts or omissions during the Activity. This Section does not apply to the extent a claim is caused by a Released Party's gross negligence or willful misconduct.

13. Attorneys' Fees

In any action or arbitration to enforce or interpret this Agreement, the prevailing party, whether that is the Participant or a Released Party, will be entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by applicable law and the applicable arbitration rules. [Alternative: each party bears its own fees. See Review Memo.]

14. Governing Law and Binding Arbitration

14.1 Governing law. This Agreement, and any claim arising from the Activity (including claims for personal injury, wrongful death, illness, or property damage), is governed by the laws of the state in which the Property is located, without regard to conflict-of-laws principles. Disputes with Traqhunter that are not tied to the Property or a Booking are governed by Wyoming law as provided in the Traqhunter Terms and Conditions.

14.2 Agreement to arbitrate, including injury claims. Any dispute, claim, or controversy between me (or anyone claiming through me) and any Released Party (including Traqhunter and the Host) arising out of or relating to this Agreement or the Activity, INCLUDING CLAIMS FOR PERSONAL INJURY AND WRONGFUL DEATH, and including disputes about the validity or enforceability of this Agreement, will be resolved by final and binding individual arbitration under the Dispute Resolution, Binding Arbitration, and Class Action Waiver provisions of the Traqhunter Terms and Conditions (Section 21), which are incorporated into this Agreement by reference, whether or not I have a Traqhunter account. Those provisions include an informal resolution period, a small claims court exception, a class action and jury trial waiver, and provisions about arbitration fees.

14.3 Federal Arbitration Act; seat. This arbitration agreement, including all questions of arbitrability, is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The legal seat of arbitration is [County], Wyoming, and actions to compel arbitration or to confirm, modify, or vacate an award will be brought in the state or federal courts located in [County], Wyoming. Hearings may be held by video conference or in my county of residence or the county where the Property is located.

14.4 Small claims. Either party may bring an individual claim in small claims court if it qualifies.

14.5 30-day right to opt out. I may opt out of this arbitration agreement by sending written notice to [legal@traqhunter.com] or [Address] within thirty (30) days after I sign this Agreement, stating my name, the Booking ID, and that I opt out of arbitration. Opting out does not affect any other part of this Agreement, including the release and assumption of risk. If I opt out, claims not tied to the Property will be brought in the courts identified in the Terms, and claims relating to the Property or the Activity will be brought in the state or federal courts for the county in which the Property is located.

15. Severability; Interpretation; Entire Agreement

This Agreement is intended to be as broad and inclusive as permitted by the law of the governing state. If any portion is held invalid or unenforceable, the remainder will continue in full force and effect, and the invalid portion will be enforced to the maximum extent permitted. This Agreement, together with the Traqhunter Terms and Conditions, is the entire agreement concerning its subject matter and supersedes any prior oral or written statements. No Host, Traqhunter employee, or other person has authority to modify this Agreement orally.

16. Electronic Signature

I agree that my electronic signature, checkbox acceptance, typed name, and the associated timestamp and IP address recorded by Traqhunter are legally binding to the same extent as a handwritten signature under the federal E-SIGN Act and applicable state electronic-transactions laws. I may request a copy of this signed Agreement at any time at go@traqhunter.com; a copy will also be emailed to me.

17. Acknowledgment

BY SIGNING BELOW, I ACKNOWLEDGE THAT:

  • ☐ I HAVE READ THIS ENTIRE AGREEMENT AND UNDERSTAND IT.
  • ☐ I UNDERSTAND THAT OFF-ROAD MOTORSPORT IS INHERENTLY DANGEROUS AND MAY RESULT IN SERIOUS INJURY OR DEATH, AND I ASSUME THESE RISKS.
  • ☐ I UNDERSTAND THAT I AM GIVING UP MY RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE.
  • ☐ I UNDERSTAND THAT ANY CLAIMS, INCLUDING PERSONAL INJURY AND WRONGFUL DEATH CLAIMS, MUST BE RESOLVED BY INDIVIDUAL ARBITRATION (EXCEPT SMALL CLAIMS), AND THAT I MAY OPT OUT WITHIN 30 DAYS.
  • ☐ I WILL PERFORM A SLOW-SPEED SELF-INSPECTION BEFORE RIDING AT SPEED.
  • ☐ I AM AT LEAST 18 YEARS OLD (OR I AM THE PARENT/GUARDIAN OF THE MINOR PARTICIPANT), AND I SIGN THIS AGREEMENT VOLUNTARILY.

Adult Participant (18+)

Signature: ______________________ Printed Name: ______________________ Date: ______________________ Date of Birth: ______________________

Parent or Legal Guardian of Minor Participant (if Participant is under 18)

Minor's Name: ______________________ Minor's Date of Birth: ______________________ Parent/Guardian Signature: ______________________ Printed Name: ______________________ Relationship to Minor: ______________________ Date: ______________________ Name of Supervising Adult on Property (if different): ______________________

[Optional] Spouse / Domestic Partner Acknowledgment and Release

I am the spouse or domestic partner of the Participant. I have read this Agreement and, to the fullest extent permitted by law, I release the Released Parties on the same terms as Section 5 (subject to Section 6) from my own claims, including for loss of consortium, arising from the Participant's Activity.

Signature: ______________________ Printed Name: ______________________ Date: ______________________