USAGE, INDEMNIFICATION, AND ACKNOWLEDGMENT
and ASSUMPTION OF RISK
AGREEMENT FOR BIG SKY ROADWAY/JACK CREEK ROAD
As a condition of my use of the Big Sky Roadway, a/k/a Jack Creek Road (“Road”), I, the undersigned, hereby agree to the fullest extent permitted by law, as follows:
1) I acknowledge and agree the road use permit being issued to use the Road is subject to the Big Sky Roadway Declaration (recorded in Book 369, Page 257 in the Office of the Clerk and Recorder of Madison County, Montana and subsequently amended) and my use of the Road is subject to private road rules posted at the Road’s gated entrances on road signs, described herein and otherwise published by MB MT Acquisition LLC (“Moonlight”) from time to time, including those rules listed below. Such rights reserved to Moonlight include but are not limited to the imposition of speed limits, Road closures, and the suspension of rights to use the Road for cause.
2) I shall provide all requested information to Moonlight prior to using the Road, including a valid driver’s license and acceptable proof of insurance. I agree to pay a road maintenance fee for use of the Road as required by Moonlight. I acknowledge that failure to provide this information may result in suspension of my road right until such information is provided.
3) Other than the persons who are permitted to use the Road pursuant to my road right, I shall not to give any other person permission to use the Road or share the gate code.
4) The Road is primitive and its use involves inherent dangers and risks that cannot be eliminated and may result in injury, death or property damage, including but not limited to: changing road and weather conditions (including washouts and slides); variations in terrain, surface and subsurface conditions, collisions with other vehicles, equipment and objects; closures; going off the Road or getting stuck; limited or poor visibility; driver ability; vehicle limitations; crevices, ravines, streams, rocks, trees or other forms of forest growth/debris; other natural hazards; wildlife; limited cellular telephone service; and rural, sparsely populated vicinity. I acknowledge and accept such risks without reservation.
5) I assume all legal responsibility for any injuries or damages arising out of my Road use, including but not limited to those resulting from the Road’s inherent dangers and risks. To the fullest extent permitted by law, I release Moonlight, its affiliates, and their respective officers, directors, managers, employees and agents (“Released Parties”) of liability for the same.
6) I shall DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all claims, demands, damages, losses, liability, settlements, fines, penalties, costs, and expenses, including attorneys’ fees, arising out of my use of the Road, except to the extent caused by a Released Party’s willful or wanton misconduct. These obligations shall survive the expiration or revocation of my road right and/or termination of this agreement.
7) If any provision of this agreement is deemed void or unenforceable, the remaining provisions shall remain valid and enforceable and the void or unenforceable provision shall be modified as necessary to make it enforceable consistent with the intent of such provision.
8) Moonlight may assign its rights and obligations under this Agreement to its successors at any time.
9) The failure of Moonlight to insist upon the strict performance of any given provision of this Agreement shall not constitute a waiver of or estoppel against asserting the right to require that performance in the future.
10) This Agreement shall be effective until terminated in writing by Moonlight.