Pirate Cove Off-Road Halloween Hunt

RELEASE AND HOLD HARMLESS AGREEMENT

We, the undersigned individual, fully understand that our participation in the Pirate Cove Halloween Off-Road Hunt on October 28, 2023 exposes us to the risk of injury, death, and/or property damage. We individually hereby acknowledge that we are voluntarily participating in the event and expressly agree to assume any and all such risks.

In further consideration for being allowed to participate in the Pirate Cove Halloween Off-Road Hunt on October 28, 2023 we individually hereby agree, for ourselves, our heirs, administrators, executors, and assigns, that we will indemnify and hold harmless the County of San Bernardino, the San Bernardino County Flood Control Department, the City of Needles, Pirate Cove Resort, Bureau of Land Management, and the United States Government; and their elected and appointed officials, officers, employees, agents and volunteers from any and all claims; including, but not limited to, claims for Worker’s Compensation benefits, damages, demands, actions, or suits arising out of or in connection with our participation in the Pirate Cove Halloween Off-Road Hunt on October 28, 2023 brought by any third party.

We individually hereby assume, for ourselves, our heirs, administrators, executors, and assigns, the risk of all mistakes of fact with regard to this Release and Hold Harmless Agreement. Furthermore, all rights under California Civil Code Section 1542 are hereby expressly waived. Section 1542 of the California Civil Code reads as follows:

“A general release does not extend to claims which the creditor does not know of suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” WE ARE INDIVIDUALLY AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT OF OUR OWN FREE WILL.
In addition to the above, we agree to avoid any contact with the Desert Tortoises (Gopherus Agassizil) a recognized endangered species by the USFWS and CDFG.

RELEASE AND HOLD HARMLESS AGREEMENT FOR MINOR/CHILD
(IF PARTICIPANT IS A MINOR, A PARENT OR LEGAL GUARDIAN MUST READ THE FOLLOWING AND SIGN BELOW ON BEHALF OF THE PARTICIPANT)
I, the undersigned, am the parent and/or legal guardian of a child participant, a minor. I fully understand that participation in the Pirate Cove Halloween Off-Road Hunt on October 28, 2023 exposes participants to the risk of personal injury, death, and/or personal damage. I hereby acknowledge that my child (hereinafter referred to as “participant”) is voluntarily participating in this event and expressly agree to assume any and all such risks.

In further consideration for being permitted to participate in the Pirate Cove Halloween Off-Road Hunt on October 28, 2023 I hereby release and forever discharge, for ourselves, our heirs, administrators, executors, and assigns, that we will indemnify and hold harmless the County of San Bernardino, The San Bernardino County Flood Control District, the City of Needles, the Pirate Cove Resort, Bureau of Land Management, and the United States Government; and their elected and appointed officials, officers, employees, agents and volunteers from any and all claims; including, but not limited to, claims for Worker’s Compensation benefits, damages, demands, actions, or suits arising out of or in connection with our participation in the Pirate Cove Halloween Off-Road Hunt on October 28, 2023 brought by any third party.

We individually hereby assume, for ourselves, our heirs, administrators, executors, and assigns, the risk of all mistakes of fact with regard to this Release and Hold Harmless Agreement. Furthermore, all rights under California Civil Code Section 1542 are hereby expressly waived. Section 1542 of the California Civil Code reads as follows:

“A general release does not extend to claims which the creditor does not know of suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

WE ARE INDIVIDUALLY AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT OF OUR OWN FREE WILL.

Is the event in Desert Tortoise Habitat?

This event is located in the range of the desert tortoise. The range of the desert tortoise, Gopherus agassizii, includes deserts in southern California, southern Nevada, Arizona, the southwestern tip of Utah, and northern Mexico. The Mojave population (an administrative designation for animals living north and west of the Colorado River) was listed as threatened in 1990. Critical habitat (habitat containing all elements necessary for continued viability of the species and is designated by U.S. Fish and Wildlife Service) for this population was designated in 1994. This event is located within an area containing the Mojave population and is adjacent to critical habitat and a Desert Wildlife Management Area (DWMA).

Where Does the Desert Tortoise Live?

The Mojave population of the desert tortoise occurs primarily on flats and bajadas (alluvial fans, descending from mountain ranges) characterized by scattered shrubs and abundant inter-space for growth of herbaceous plants (primarily annuals), with soils ranging from sand-clay to sandy-gravel. They are also found on rocky terrain and slopes.

Why is the Desert Tortoise Listed?

The Mojave population of the desert tortoise was listed because numbers are declining rapidly in many areas. These declines are mainly attributed to direct and indirect human-caused mortality coupled with the inadequacy of existing rules and regulations to protect the species and its habitat. Impacts such as the destruction, degradation, and fragmentation of desert tortoise habitat, result from urbanization, agricultural development, livestock grazing, mining, and roads. Disease caused by the return of captive tortoises to the desert is also a major factor in the decline of this animal. The desert tortoise is protected by law. To harm, harass, or kill a tortoise or degrade its habitat can result in fines up to $100,000 and/or up to six months in jail.

What Can You Do During the Event to Help the Desert Tortoise?

In order to minimize effects to the desert tortoise, we request that you observe the following: -Do not exceed the 25 mph maximum speed for this event; do not cut across the desert off the event route. The event is NOT a race!!! -Watch for tortoises while you are riding. If you see a tortoise in the road, either wait for it to move or carefully drive around it behind the direction it is traveling. -All trash and food items will be carried out by event participants. Immediately report any oil spills or other fluid leaks to the event coordinator. -Stay within the parameters of the route. Should your vehicle break down, pull it off the road, avoiding vegetation and any animal burrows.

Driving Under the Influence:

It is illegal for anyone who is under the influence of alcohol or drugs to operate an OHV. Operating or riding on an OHV with an open container of alcohol is prohibited.

Limited Use Areas: All vehicles are limited to designated open routes and roads. Cross-country travel and grouping of vehicles outside of designated routes is prohibited.

Wilderness Areas: Motorized vehicles prohibited in wilderness areas, and subject to citation and penalties.

Safety Requirements and Equipment: All persons on ATV’s or in UTV’s, regardless of age, must wear a DOT approved safety helmet. All passengers in vehicles or UTV’s must wear seatbelts, shoulder belts or safety harnesses where applicable. All UTV operators must be at least 16 years old or directly supervised by a parent or other adult. All ATV riders under 14 years of age must either be in possession of an ATV safety certificate or be under the direct supervision of an adult who has an ATV safety certificate. Youth, 14 -18. , must have an ATV Safety Certificate to operate an ATV without adult supervision. No “double riding” on ATVs, except for ATVs specifically designed to carry a passenger (no after-market kits). OHVs must be equipped with an approved muffler, brakes, and spark arrestor. Headlight and Taillights are required when driving at night. OHV operator must be able to reach and operate all controls on the vehicle. Vehicles must meet noise limits as specified in the California Vehicle Code. Do not operate your vehicle faster than what is safe for the conditions of the area. When riding within 50 feet of a concentrated area or near animals reduce your speed to 15 mph.

Registration and Licensing: All vehicles must have a current motor vehicle registration or an identification plate or device issued by the California Department of Motor Vehicles (California Motor Vehicle Code Section 3801a). If you are going to operate a motorized vehicle off-road only, you must have either a green sticker or a red sticker that has been issued by the CDMV. The green sticker allows vehicles to operate on public land all year. If you are visiting California from another state and your vehicle does not have a current registration from your home state, you must purchase a California Nonresident OHV Use Permit before you recreate on public lands. Vehicles operated on county roads, and highways must be registered for highway use and the required safety equipment must be installed.

YOU ARE LEGALLY RESPONSIBLE FOR YOUR CHILD’S SAFETY! Law Enforcement officers can issue a citation under CVC section 38504.1, and a judge can order a fine for the adult who fails to provide direct supervision. First offenders may be ordered to attend an ATV Safety Certificate training class (adult, child or both) or fined. Second or third offenses result in larger fines.
For more information, visit www.ohv.parks.ca.gov or call 916-324-4442.

Declaration: I have read this document and understand the rules and regulations regarding the desert tortoise and OHVs. I agree to abide by these regulations at all times.