Off-Road Riding Waiver & Trail Map

This Agreement is made by the person signing below ("Participant", "I" or "me") and, where a minor is listed, by the minor's parent or legal guardian, in favor of the Releasees.

"Releasees" means SR 93 Cabins LLC; RTH Group LLC; Red Brick Ranch, Red Brick Ranch Ohio, Red Brick Ranch Hocking Hills and Red Brick Vacation Rentals (and any other name under which the Property is operated); Chaitanya "Shay" Reddy, individually; any present or future owner, lessee or operator of the Property; and each of their members, managers, owners, officers, spouses and family members, employees, event staff, agents, contractors, volunteers, lenders, insurers, successors and assigns.

"Property" means the land and improvements known as Red Brick Ranch at and around 14279 State Route 93 S, Logan, Ohio 43138, including Hocking County Auditor parcels 02-000702.0000, 02-000704.0100, 02-000688.0000 and 02-000705.0000, together with any adjoining land owned, leased or controlled by any Releasee.

"Vehicle" means any all-terrain vehicle (ATV), utility task vehicle (UTV) or side-by-side, off-highway motorcycle or dirt bike, go-kart, golf cart, or other motorized off-road vehicle, together with any trailer or equipment used with it, that is brought onto the Property by me or anyone in my party. Releasees do not supply, rent, lend, inspect or maintain any Vehicle covered by this Agreement.

"Activity" means operating, riding in or on as a passenger, loading, unloading, transporting, fueling, repairing, parking or being near any Vehicle on the Property, walking or standing on or near the trails, watching others ride, and every related activity, whether or not it is supervised and whether or not it takes place on a marked trail.

My participation in the Activity is entirely voluntary. I am not required to ride, and I may choose not to. Permission to ride is a courtesy that Releasees may refuse, limit or withdraw at any time, for any reason, without notice and without refund of any lodging, event or other charge.

Releasees do not charge a fee for the privilege of riding a Vehicle on the Property, and any amount I pay for lodging, an event or anything else is not payment for the Activity. To the extent permitted by law, I agree that I enter the Property for the Activity as a recreational user and that Releasees are entitled to every protection available to landowners under Ohio law, including Ohio Revised Code 1533.181.

I understand that operating or riding a Vehicle off road is a dangerous activity that can result in serious bodily injury, permanent disability, paralysis, brain injury, illness, death, and damage to or loss of property. These risks include, without limitation:

• rollover, tip-over, loss of control, being thrown from or crushed by a Vehicle, and Vehicles leaving the trail;
• collision with trees, limbs, stumps, rocks, roots, posts, fences, gates, wire, cables, culverts, buildings, equipment, other Vehicles, people or animals (including horses, livestock, dogs and wildlife);
• natural and man-made terrain and its condition: steep, uneven, sloped or rough ground; holes, ruts, ditches, banks, drop-offs, washouts and erosion; mud, loose gravel, wet grass, leaves, ice and snow; creeks, ponds, springs, standing water and wet ground; and hazards hidden by grass, brush, leaves, shadows or water;
• conditions that change constantly and without notice, including weather, rain, lightning, wind, fallen trees, heat, cold, dust, darkness, glare and low visibility;
• mechanical failure of any Vehicle or its brakes, steering, throttle, tires, seat belts or safety equipment; fire, fuel, burns, hot parts and exhaust gases including carbon monoxide;
• my own lack of skill, inexperience, fatigue, poor judgment or failure to follow rules and manufacturer warnings, and the acts or omissions of other riders, passengers, spectators and guests;
• trails, routes and maps that are informal, unengineered, approximate, unpaved and not inspected, marked, signed or maintained to any standard; the absence of lighting, barriers, guardrails, fencing or warnings; and
• the Property's rural location: no on-site medical staff, limited or no cell service, and delayed emergency response and transport to medical care.

I also understand that the Activity involves risks that are unknown or not reasonably foreseeable, and that injury or loss may result from the NEGLIGENCE of the Releasees, including negligence in owning, designing, maintaining, inspecting, marking or mapping the Property and trails, in giving or failing to give warnings or instructions, or in allowing others to ride.

Knowing the risks described above, I VOLUNTARILY ASSUME ALL RISKS of the Activity, known and unknown, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASEES, for myself, for any Vehicle I bring, and for every passenger, minor and guest in my party. I accept sole responsibility for my own safety and for the safe condition, operation and use of my Vehicle. Releasees do not supervise the Activity, instruct riders, check experience or ability, or inspect Vehicles or safety gear, and I do not rely on them to do so.

In consideration of being permitted to enter the Property and take part in the Activity, I, for myself and for my spouse, children, heirs, next of kin, executors, administrators, personal representatives and assigns, HEREBY RELEASE, WAIVE, DISCHARGE AND FOREVER GIVE UP every claim, demand, cause of action, damage, loss, cost and liability of every kind (including claims for personal injury, wrongful death, loss of consortium, medical expenses, lost income, and property damage or loss) that I or they now have or may later have against any of the Releasees arising out of or relating in any way to the Activity, my presence on the Property, or the use of any Vehicle, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by Ohio law.

This release does not apply to claims that Ohio law does not permit to be released, such as claims for willful or wanton misconduct, but it applies to every other claim, including claims of ordinary negligence, premises liability, negligent supervision, negligent failure to warn and breach of any duty.

I agree that I, and anyone claiming through me, will never file or pursue any lawsuit, claim, arbitration or other proceeding against any Releasee for any claim released by this Agreement. If I or anyone claiming through me does so in breach of this Agreement, I will pay all attorney fees, expert fees, court costs and other expenses the Releasees incur in defending it.

I will DEFEND, INDEMNIFY AND HOLD HARMLESS each of the Releasees from and against every claim, lawsuit, judgment, settlement, loss, liability, cost and expense (including reasonable attorney fees) brought by anyone, including my passengers, minors in my care, guests, family members, heirs, any insurer or any other third party, that arises out of or relates to: (a) my participation in the Activity; (b) the operation, condition or presence of any Vehicle I bring, own, operate or allow others to use; (c) the acts or omissions of me or anyone in my party; or (d) my breach of this Agreement or of the Trail Rules, EVEN IF THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASEE, to the fullest extent permitted by law.

I represent and promise that:

• I own each Vehicle I bring or have the owner's permission to use it on the Property, and it is in safe mechanical condition, with working brakes, lights, throttle, steering, seat belts (where equipped), a muffler and a spark arrestor;
• each Vehicle is titled, registered and displays the registration required by Ohio Revised Code Chapter 4519 or by the laws of its home state;
• I carry liability insurance that covers my Vehicle and my use of it, or, if I do not, I accept full personal financial responsibility for all injury and damage it causes; my insurance is primary to any insurance of the Releasees, and nothing in this Agreement makes the Releasees' insurance available to me;
• I know how to operate my Vehicle safely, I will follow the manufacturer's warnings, age limits, passenger limits and load limits, and I am physically and mentally able to take part in the Activity without risk to myself or others; and
• I will not operate or ride while under the influence of alcohol, cannabis, any drug, or any medication that may impair me.

The Red Brick Ranch Trail Rules and Trail Map shown with this Agreement are part of this Agreement. I have reviewed them and will obey them, any posted signs and every instruction from Releasees, and I will make sure everyone in my party does the same. I understand the Trail Map is an approximate drawing on satellite imagery, that conditions on the ground may differ, and that posted signs and the host's instructions control. Areas not shown as open trail are CLOSED.

Releasees may suspend or end riding privileges for any person at any time. A violation may result in immediate removal from the Property without refund, and I will pay for all damage caused by me, my Vehicle or my party.

I am responsible for every person who rides with me, rides a Vehicle I bring, or comes onto the trails as part of my group. Every adult who operates or rides as a passenger must sign his or her own copy of this Agreement before riding. No minor may operate or ride in any Vehicle unless a parent or legal guardian has signed this Agreement for that minor.

If I list a minor on this Agreement, I represent that I am that minor's parent or legal guardian with full authority to sign for the minor. On my own behalf and on behalf of the minor, I agree to every term of this Agreement, including the assumption of risk, release, waiver and covenant not to sue, to the fullest extent permitted by law.

I further agree, in my individual capacity, to DEFEND, INDEMNIFY AND HOLD HARMLESS the Releasees from any claim brought by or on behalf of the minor (including by the minor after reaching adulthood) arising out of the Activity, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASEES, and to reimburse all attorney fees and costs of defending any such claim.

I will personally supervise the minor at all times while the minor is near or on a Vehicle. I will allow the minor to operate only a Vehicle that the manufacturer's warning label approves for the minor's age, size and ability, and to ride as a passenger only where the manufacturer permits it, and only in compliance with the Trail Rules.

I authorize Releasees, emergency responders and medical providers to obtain or provide emergency medical treatment and transport for me and any minor I list, as they consider necessary. Releasees have no duty to provide first aid or rescue. I am solely responsible for all costs of rescue, transport and medical care, and I release Releasees from any claim arising from such decisions or care.

I am financially responsible for, and will promptly pay the cost to repair or replace, any damage to the Property, buildings, fences, gates, lawns, fields, trails, ponds, trees, animals or the property of other guests caused by me, my Vehicle or anyone in my party.

This Agreement applies to the date on which I sign it and to every later visit on which I or anyone I list take part in the Activity, until I revoke it in writing delivered to Releasees. Revocation applies only to future visits. Releasees may require me to sign a new agreement at any time.

I agree to sign this Agreement electronically. My electronic signature, typed name and initials have the same legal force and effect as a handwritten signature under Ohio Revised Code Chapter 1306 (Uniform Electronic Transactions Act) and the federal Electronic Signatures in Global and National Commerce Act. I consent to Releasees keeping this Agreement as an electronic record, together with the date and time, my IP address and device information, and a digital fingerprint of the exact text I agreed to. I may print or save a copy, and I may request a paper copy at any time.

This Agreement is governed by the laws of the State of Ohio, without regard to conflict of law rules. Any action relating to this Agreement or the Activity must be brought only in the state or federal courts serving Hocking County, Ohio, and I consent to their jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY in any such action.

This Agreement is intended to be as broad and inclusive as Ohio law permits. If any part of it is held invalid or unenforceable, that part will be enforced to the maximum extent permitted and the rest of the Agreement will remain in full force. Headings are for convenience only. This Agreement is the entire agreement on its subject; I have not relied on any oral or written statement not contained in it, and it may be changed only in a writing signed by Releasees. Releasees' failure to enforce any provision is not a waiver of it.

I HAVE READ THIS ENTIRE AGREEMENT, INCLUDING THE TRAIL RULES AND TRAIL MAP. I UNDERSTAND IT. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO CONSULT A LAWYER OF MY CHOICE. I AM AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE, AND I SIGN IT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT.