FAMOUS READING OUTDOORS, LLC - PASSENGER ACCESS PERMIT WITH RELEASE AND INDEMNIFICATION
In consideration of payment by the undersigned (“Passenger”) of the amount of the prevailing rate in USD and intending to be legally bound, Famous Reading Outdoors, LLC ("FRO") hereby grants the Passenger this Passenger Access Permit, and the Passenger accepts this Passenger Access Permit, on the following conditions:
1. This Passenger Access Permit is valid for one year from the date of purchase of a Passenger Access Permit; provided however, this Passenger Access Permit may be renewed annually for additional one year periods. This Passenger Access Permit shall terminate at sunset on the one year anniversary of the date of the purchase of a Passenger Access Permit or from the date of the most current renewal, which date is later unless FRO terminates this Passenger Access Permit earlier. This Passenger Access Permit is only valid for one person who agrees to have photo identification on him and/or her at all times while on FRO Properties. Passenger may only be on an off-road vehicle being operated by a valid Access Permit holder.
2. Passenger Access Permits are non-transferable and non-assignable. If FRO determines that this Passenger Access Permit has been used by any person other than the Passenger, this Passenger Access Permit shall be immediately terminated and the Passenger will forfeit this Access Permit for the remainder of your permit year. Further, the Passenger agrees that he or she will be banned from purchasing another Passenger Access Permit, Access Permit, and/or any other permits from FRO in the future. The Passenger understands and agrees that any person found to be using this Passenger Access Permit without signing for it will be prosecuted under the laws of Pennsylvania and for trespassing on FRO leased property and/or property owned by Reading Anthracite Company (“RAC”). FRO currently leases certain real property from RAC, which is set forth on Exhibit “A” (“FRO Properties”).
3. This Passenger Access Permit provides Passenger with permission to be on FRO's Properties for the sole purpose of being a passenger on a vehicle between sunrise and sunset, excluding those properties where there is active mining or any other working facilities or any posted properties by FRO, RAC, and/or any other entity. The Passenger must have this Passenger Access Permit on his or her body at all times at all times; otherwise, said person without a valid Passenger Access Permit and/or Access Permit will be removed from FRO Properties and/or any other properties owned by RAC. The Passenger must have a separate Passenger Permit from FRO on them at all times, which must be visible on the Passenger. The Passenger agrees that he or she may not enter FRO Properties prior to sunrise and/or remain on FRO property after sunset. This Passenger Access Permit does not grant Passenger access and/or any rights to enter onto any other property owned and/or leased by FRO and/or RAC. Further, this Passenger Access Permit does not grant Passenger any rights to operate any vehicle, hunt, and/or to use the FRO Properties for any other purpose other than being a passenger on a vehicle operated by an individual with a valid and regular Access Permit.
4. Permission is granted for Passenger to be on a passenger on an atv, utv, motorcycle and/or any other vehicle with an operator having a valid Access Permit only; provided however, camping, hunting, operating any vehicles, overnight camping, fires, bon fires, swimming, fishing, trapping, or any organized events such as races or parties are strictly prohibited. The Passenger acknowledges and agrees that he or she is not permitted to operate any vehicle on FRO Properties. The Passenger agrees that he or she is not permitted to have any type of fire on FRO Properties. Further, the Passenger agrees that the use of alcohol, drugs and controlled substances on FRO Properties is strictly prohibited. The Passenger agrees that he or she shall not be under the influence of any alcohol, drugs and controlled substances while on FRO Properties.
5. The Passenger is encouraged to report to FRO any person that he or she observes trespassing on FRO Properties to FRO; provided however, Passenger agrees not to engage and/or interact with any person that he or she suspects of trespassing. If any such report leads to the prosecution of a trespasser, then the Passenger shall receive a free passenger access permit for the following year unless the Passenger is in violation of this Passenger Access Permit.
6. The Passenger affirms that he or she is at least 12 years of age. If any Passenger is under the age of 18 years of age, the parent(s) or legal guardian of the Passenger shall join and sign this Passenger Access Permit.
7. Release, Hold Harmless, and Indemnification. In consideration for the access and permission granted herein, and intending to be bound legally, the undersigned Passenger, on his/her behalf and on behalf of my respective heirs, personal representatives, successors and/or assigns, also agrees to:
Release, hold harmless and discharge FAMOUS READING OUTDOORS, LLC, READING ANTHRACITE COMPANY and/or their respective owners, operators, affiliated companies, stockholders, stockholder family members, directors, officers, agents, servants, members, employees, from any and all claims, demands, actions, costs (including but not limited to reasonable attorney fees), damages, liabilities, expenses and judgments which the Passenger ever had, or now have, or may have, or which Passenger’s heirs, executors, personal representatives, administrators, successors or assigns may have, or claim to have, against any of the Released Parties for all personal injuries to the Passenger (including but not limited to bodily injury, severe bodily injury, and/or death), known or unknown, and injuries to any of Passenger’s property, real or personal, caused by, or arising out of, directly and/or indirectly, the use of this Passenger Access Permit by the Passenger.
Indemnify, defend and hold harmless FAMOUS READING OUTDOORS, LLC, READING ANTHRACITE COMPANY, and the other Released Parties referenced in subparagraph A above, from and against any and all liabilities, claims, suits, demands, actions, expenses costs (including but not limited to reasonable attorney fees), and/or judgments, arising from any personal injury (including but not limited to bodily injury, severe bodily injury, and/or death) and/or property damage that the Passenger causes to any other individual, person and/or entity while the Passenger is on FRO Properties.
Reimburse FRO and/or RAC at replacement cost for any damage caused by the Passenger to any FRO and/or RAC real property and/or personal property while on FRO Properties and/or while using this Passenger Access Permit.
8. The Passenger agrees to comply with all applicable laws, rules and regulations of the Commonwealth of Pennsylvania, Foster Township, Cass Township, and any other municipality where the Passenger may access FRO Properties pursuant to this Passenger Access Permit. A copy of the ordinances issued by Foster and Cass Townships, as of 2017, are attached to this Passenger Access Permit for your convenience. It is the Passenger’s responsibility to become fully familiar with said Ordinances and any changes and revisions made to said Ordinances after the date of this Passenger Access Permit. FRO is not responsible for any future ordinances, changes, and/or revisions, but rather said responsibility rests solely with the Passenger.
9. Any Passenger who violates any laws, rules and regulations, be they Federal, State or Local, will have his or her Passenger Access Permit revoked and terminated without refund of any monies.
10. FRO and RAC do not warrant the condition of the FRO Properties and the Passenger assumes any and all risks associated with entering and using FRO Properties. Passenger acknowledges, acknowledges and agrees that (a) recreation activities such as off-road activities are inherently dangerous and assumes all risks including but not limited to the risk of bodily harm, severe bodily harm, and/or death; (b) FRO and RAC have not made any warranties and/or representations, written and/or oral, with regards to the condition of the FRO Properties; (c) FRO, RAC and its affiliated companies, owners, insurers, employees, and/or agents have absolutely no obligation to ensure my safety while on FRO Properties; (d) FRO Properties are not maintained and there may be boulders and other objects located on FRO Properties; (e) my use of the rights granted under the Passenger Access Permit to enter upon FRO Properties may result in injury and/or illness, including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (f) these risk and dangers may be caused by the negligence, intentional acts, and/or omissions of myself, other individuals granted access to FRO Properties, other individuals, FRO, other entities and/or their respective agents, insurers, employees, and/or representatives; and (g) by my entry onto FRO Properties, I HEREBY ASSUME ALL RISKS AND DANGERS AND ALL RESPONSIBILITIES FOR LOSSES AND/OR DAMAGES, whether caused in whole or in part by the negligence, intentional acts, and/or omissions of myself and/or others.
11. Passenger warrants and represents that (a) the vehicle(s) that Passenger will be a passenger on is/are lawfully registered, inspected, and insured, and that Passenger has no knowledge of any condition that might render the vehicle(s) unsafe in any manner; (b) the Passenger is physically and mentally healthy and able to ride said vehicle(s); (c) the Passenger has no condition, physical and/or mental, that will put him/her and/or others at risk while on FRO Properties; (d) the Passenger will not be a passenger on the vehicle(s) under the influence of alcohol, drugs, and/or any other substance; and (f) the Passenger will not bring alcohol, drugs, and/or any other illegal substances onto FRO Properties and/or will not provide any alcohol, drugs, and/or any other illegal substances to any other individual including but not limited to minors.
12. Passenger Agrees to wear a governmentally approved safety helmet at all times while riding on any type of vehicle, ATV, motorcycle, bicycle, UTV, dirt bike, and/or any other off-road vehicle. Further, Passenger agrees to wear a seatbelt and/or safety harness at all times while riding on any type of vehicle, ATV, motorcycle, UTV, dirt bike, and/or any other off-road vehicle. Passenger agrees to wear proper footwear. Failure to comply with any of the terms of this Passenger Access Permit, including but not limited to this paragraph, will result in the immediate termination and revocation of this Passenger Access Permit without any refund.
13. Any Passenger, whose actions cause Foster Township, Cass Township, any municipality, or any governmental agency to cite, ticket or fine FRO and/or RAC shall have his or her Passenger Access Permit immediately terminated without refund of any monies. Further, the Passenger who causes such a citation agrees to indemnify RAC, FRO and the other Released Parties set forth in Paragraph 7A above and said Passenger shall pay and be solely responsible for any and all fines, costs, and attorney’s fees incurred by FRO and/or RAC on account of said citation or ticket.
14. Passenger acknowledges and agrees that Passenger has read this document and fully understands its terms and fully understands that he/she has given up substantial rights by signing it, and Passenger is signing it freely and voluntarily without any inducement.
15. This Passenger Access Permit shall be governed by the laws of Pennsylvania. The captions used herein are for the convenience of the parties. If any paragraph of this Passenger Access Permit shall be held unlawful, invalid or enforceable, that paragraph shall be deemed deleted and without prejudice to the lawfulness, validity, and enforceability of the remaining paragraphs and sections. This Passenger Access Permit is binding on Passenger and his/her respective heirs, personal representatives, successors, and/or assigns.
In order to maintain and keep a fun, save experience for all permitholders, Famous Reading Outdoors LLC (“FRO”) request that everyone follow our rules and regulations.
Failure to comply with any and all rules, regulations, and/or safe operating procedures may result in arrest, fines, revoking of your access permit on a temporary and/or permanent basis, and/or temporary and/or permanent banning using any area of FRO and/or participating in any future activities and/or events on any area of FRO. Further, a revocation of your access permit will result in the forfeiture of any permit costs together with any other expenses and/or fees paid to FRO.
1. ALL ATV’S, UTVs, DIRT BIKES, SXS, AND OFF-ROAD VEHICLES NOT PERMITTED ON PUBLIC ROADWAYS MUST BE TRAILERED TO A DESIGNATED PARKING LOT OF FRO.
2. All visitors to FRO must check in at the designated location at each designated parking area. As part of the check-in process, all persons, bags, coolers, and off-road vehicles will be checked by the security guard.
3. All visitors (both drivers and passengers) must have a valid and current FRO Permit, which must be on them at all times and/or a copy of said FRO Permit on an electronic device that is with each visitor at all times. Further, all visitors (both drivers and passengers) must have read, completed and signed the liability waiver that is part of the Access Permit.
4. In addition to a copy of the Access Permit and other FRO related items such as your individual FRO barcode, FRO requires the following documentation to be on visitors at all times while on FRO Property:
Full Sized Vehicles (License or Valid Photo ID, Registration & Insurance)
ATV – All Terrain Vehicle (License or Valid Photo ID, Registration & Insurance)
UTV – Utility Terrain Vehicle (License or Valid Photo ID, Registration & Insurance)
Dirt Bike (License or Valid Photo ID and Insurance)
Dune Buggy (License or Valid Photo ID and Insurance)
Mountain Bike (License or Valid Photo ID)
Hiking (License or Valid Photo ID)
Hunting (License or Valid Photo ID)
5. At least one person in each riding group must have a charged and working cell phone in their possession. FRO recommends that said cell phone have GPS and/or other location technology.
6. No alcoholic beverages and/or illegal drugs on FRO property.
7. No one may be under the influence of alcoholic beverages and/or illegal drugs while on FRO Property.
8. All visitors assume their own risk by entering FRO property. Check all areas prior to proceeding and ride all areas with caution.
9. Annual access permits do not include admission to special events. In the event of a special event, annual access permitholders may have access to other areas of FRO that are not part of the special event. All visitors shall abide with the directions of FRO and/or its personnel.
10. All vehicles must operate in a manner to avoid incidents and/or accidents while in the area, including but not limited to maintaining a safe speed.
11. The parking lot is for parking and unloading only with a maximum speed limit of 5 MPH. No speeding, tricks, or horseplay permitted.
12. Firearms or weapons of any kind are prohibited except for approved hunters that use FRO property during hunting season.
13. Parking is permitted in designated parking areas only.
14. Stay on marked trails. Stay within the posted area of FRO
15. Expect oncoming traffic and always be courteous and utilize proper trail etiquette.
16. Camping is not permitted on FRO property.
17. All visitors are only permitted on FRO Property during the posted hours, which are seasonal and always during daylight hours. No overnight camping is permitting. No overnight riding is permitted. No off-hour riding is permitting. If you are on FRO Property after hours, you will be considered a trespasser and FRO may charge any trespasser in accordance with the applicable laws.
18. Be respectful of FRO property, FRO personnel and other visitors.
19. Remove all litter and trash and dispose of in the designated areas in the designated parking areas.
20. Must comply with all applicable laws, rules and/or regulations.
21. Must obey all signs on FRO Property.
ATV, MOTORCYCLE, DIRT BIKES, DUNE BUGGEY, SIDE-BY-SIDE & UTILITY VEHICLE (UTV):
1. Everyone must wear a DOT approved helmet and protective eye wear (goggles, face shield, glasses, etc.).
2. Wear protective footwear. No open toes or sandals permitted.
3. Recommended rider gear such as gloves, chest protector, long pants and long sleeve shirts.
4. No passengers unless the unit is manufactured for the driver and a passenger.
5. We recommend riding in groups of 2 (two) or more.
6. The number of passengers carried on a side-by-side utility type vehicle shall be limited by the number of manufacturer’s installed seat belts.
7. Must wear safety harnesses and/or seatbelts.
FULL-SIZE VEHICLES SAFETY REQUIREMENTS:
1. Must travel in groups of two or more.
2. Proper roll-over protection for all passengers.
3. Battery tie down (no bungee cords)
4. Seat belts must be worn by everyone in the vehicles, fire extinguisher and trash bag for liquid spills.
5. At least one tow point (example: tow hook or receiver hitch)
6. Front and rear tow points are mandatory for the harder trails along with a winch and locker.
1. All hunters must have a valid and current hunting license with them at all times.
2. Hunting is permitted only in designated areas.
3. No stands, tree stands, and/or any other structures are permitted to be erected by any hunter that has purchased an access permit.
4. Must comply with all applicable laws, rules, regulations and guidelines.
5. Hunting is only permitted during designated times and in designated locations.
1. Must wear all safety gear including a proper and certified biking helmet.
2. Must ride in pairs of at least two (2) individuals and must have a fully charged cell phone on them at all times.
1. Starting or maintaining a fire.
2. Damaging or removing, in whole or in part, a living or dead tree, shrub or plant.
3. Damaging, or removing rock, shale, sand, clay, soil or other mineral product, natural object or material.
4. Feeding wildlife.
5. Dumping, litter, trash, refuse, garbage, bottles, or pollutants.
6. Disorderly conduct of any kind.
7. Entering the property prior to sunrise. Remaining on the property after sunset.
8. Camping overnight and/or riding between sunset and sunrise.
9. Consuming any alcoholic beverages and/or illegal drugs.
10. Being under the influence of alcohol and/or illegal drugs.
FAILURE TO COMPLY WITH FRO RULES, REGULATIONS AND SAFE OPERATING PROCEDURES MAY RESULT IN ARREST, FINES, TEMPORARY OR PERMANENT BANNING FROM USING THE FACILITY, and/or temporary and/or permanent revocation of your access permit and/or access privileges without refund.
In case of an emergency and/or in need of assistance, call: FRO at 570-401-0102 and, if an Emergency call 911.
THESE RULES ARE POSTED THROUGHOUT FRO PROPERTY AND AVAILABLE ONLINE AND AT THE DESIGNATED CHECK IN AREAS.
In consideration of the services of Famous Reading Outdoors LLC, Inc. their agents, owners, officers, landlord, Reading Anthracite Company, affiliated and/or related entities, property owners and their respective owners, shareholders, insurers, representatives, successors and assigns, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FRO"), I hereby agree to release, indemnify, and discharge FRO, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in ATV, UTV, dirt biking, and other motorized activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the possibility of rough terrain, slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat capsize and entrapment; accidental drowning; water craft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity; transmissible pathogen or disease; Traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.
Furthermore, FRO personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FRO from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of FRO’s equipment or facilities, including any such claims which allege negligent acts or omissions of FRO.
4. Should FRO or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against FRO, I agree to do so solely in the state of Pennsylvania, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.