Participant Waiver

Event

Any TougeNation event or activity you register for, attend, or take part in (each, an "Event")

Venue

As announced for each Event

Organizer

TougeNation LLC

IMPORTANT — READ CAREFULLY BEFORE SIGNING

By signing this document, you are giving up important legal rights, including the right to sue TougeNation LLC, its owners, officers, directors, employees, volunteers, sponsors, vendors, and agents (collectively, the "Released Parties") for personal injury, property damage, or death arising from your participation in any Event.

This is a binding legal contract. If you do not understand it, do not sign it. Consult an attorney.

1. SCOPE AND DURATION

This Agreement applies to every Event I register for, attend, or take part in during the calendar year in which I sign it. If an Event has its own waiver, I may be asked to sign that waiver as well; where the two conflict, the Event-specific waiver controls for that Event.

2. DESCRIPTION OF ACTIVITIES AND RISKS

TougeNation Events include guided mountain and road drives, convoys, car meets, shows, staging and parking areas, and related social activities. On driving Events, participants drive their own vehicles in organized convoys on public roads, led by staff guide drivers.

Acknowledged Risks:

I understand and acknowledge that participation in an Event involves substantial and inherent risks that exceed those of ordinary highway driving, including but not limited to:

• Motor vehicle collisions with other vehicles, public traffic, or fixed objects
• Loss of vehicle control (road conditions, weather, mechanical failure, driver error)
• Sharp turns, switchbacks, limited guardrails, steep grades, and reduced sightlines on mountain and rural roads
• Convoy dynamics (following staff guide drivers, social pressure to maintain pace)
• Weather-related hazards (rain, fog, ice, leaf debris, heat) — weather can change rapidly
• Oncoming traffic including local vehicles, farm equipment, motorcycles, commercial trucks
• Wildlife crossings (deer especially at dawn/dusk)
• Multi-vehicle collisions / chain-reaction pile-up
• Mechanical failure (brake fade, tire failure, high-RPM operation)
• Being near moving or parked vehicles at meets, shows, staging areas, and parking lots
• Injury as a passenger (loss of control, ejection, fire/explosion, safety equipment injury)
• Reliance on other drivers (skill, judgment, vehicle condition not verified by organizer)
• Death

3. ASSUMPTION OF RISK

I VOLUNTARILY ASSUME ALL RISKS associated with my participation in any Event, whether or not described above, including risks arising from the negligence of the Released Parties. I understand that "negligence" means failure to use reasonable care, and I am assuming the risk that the Released Parties may fail to do something a reasonably careful person would do, or may do something a reasonably careful person would not do.

I understand that Arkansas law provides for comparative fault (Ark. Code § 16-64-122), and I agree that my assumption of risk shall, to the fullest extent permitted by law, operate as a complete bar to any claim for damages against the Released Parties arising from the inherent risks of the Event.

I specifically assume the following risks:

• That staff guide drivers are provided for navigation and route guidance only, not for driving instruction, pace-setting, or encouragement to drive faster or more aggressively than I am comfortable with
• That I am solely and exclusively responsible for the safe, lawful operation of my vehicle at all times, regardless of convoy position, staff driver behavior, social pressure, or group dynamics
• That mountain and rural roads may have sharp turns, limited sightlines, gravel, potholes, changes in pavement quality, wildlife crossings, and farm vehicle traffic
• That convoy driving creates additional collision risk from following too closely, sudden braking, lane changes, or multi-vehicle chain-reaction crashes
• That brake fade is a real risk on sustained mountain descents, and I am responsible for managing my vehicle's brakes and speed
• That weather during an Event can change rapidly and may include rain, fog, ice, heat, and debris
• That route links and navigation materials are provided as a convenience but may not reflect real-time road conditions, closures, or hazards
• That roadside stops, staging areas, and meet locations are often public or third-party locations where TougeNation LLC does not control premises conditions
• That my personal auto insurance is my primary and sole coverage for any incident, and that the Released Parties carry no obligation to insure my vehicle, my liability to others, or my medical expenses
• That any commercial general liability insurance TougeNation LLC maintains for an Event does not cover participant injuries or vehicle damage, and I am solely responsible for my own insurance coverage
• That if I ride as a passenger, I am trusting the driver's skill, judgment, and vehicle condition, which TougeNation LLC does not independently verify

4. RELEASE OF LIABILITY

In exchange for being permitted to participate in Events, I RELEASE, WAIVE, AND FOREVER DISCHARGE the Released Parties from any and all liability, claims, demands, actions, or causes of action of any kind — whether in contract, tort, or otherwise — arising out of or in any way connected with:

• My participation in any Event
• My presence at Event venues, meet locations, and route locations
• My use of route links, apps, or other navigation materials provided by TougeNation LLC
• The actions or omissions of any other participant, spectator, or member of the public
• The condition, design, maintenance, or operation of any vehicle, road, parking area, or equipment

This release applies to claims for personal injury, death, property damage, emotional distress, economic loss, and any other form of damages, including punitive damages, to the fullest extent permitted by Arkansas law, whether caused by the negligence of the Released Parties or otherwise.

I understand that Arkansas courts generally enforce liability waivers for recreational activities, but that this release does not apply to gross negligence, willful or wanton misconduct, or intentional harm.

5. INDEMNIFICATION

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

• My participation in any Event
• My vehicle's participation in an Event, including any damage my vehicle causes to other vehicles, persons, property, or infrastructure
• Any injury or damage caused by my passengers, guests, or invitees
• Any claim brought against the Released Parties by my passengers, co-drivers, or any third party transported in my vehicle during an Event, whether such claim alleges negligence by me, the Released Parties, or both
• Any violation of traffic laws or Event rules by me or my passengers
• Any incident occurring during my travel to or from an Event

This indemnification obligation does not extend to losses caused solely by the gross negligence or willful misconduct of the Released Parties. This indemnification obligation survives the conclusion of each Event.

6. VEHICLE CONDITION AND INSURANCE

I represent and warrant that:

• My vehicle is legally registered and carries at least the minimum liability coverage required by the state where it is registered, and I carry comprehensive/collision coverage (or I assume all risk of uninsured loss)
• My vehicle is in safe operating condition with functioning brakes, tires, lights, steering, and safety equipment, and is capable of sustained highway and mountain driving
• I possess a valid driver's license and am legally permitted to operate my vehicle where the Event takes place
• I will not operate my vehicle under the influence of alcohol, drugs, or any impairing substance
• I will comply with all traffic laws and the TougeNation Code of Conduct
• I understand that alcohol is prohibited before and during active route drives

I represent that my vehicle will remain in safe operating condition throughout each Event. If at any time during an Event my vehicle develops a condition that renders it unsafe, I will immediately withdraw from active driving. TougeNation LLC reserves the right to remove any vehicle from an Event at any time if it is deemed unsafe based on objectively observable safety defects (e.g., fluid leaks, inoperative lights, brake warnings, unsafe tires), and I agree to comply with any such removal directive.

7. PASSENGERS AND DRIVING RESTRICTIONS

If I am transporting passengers, I confirm that:

• I have informed all passengers of the risks described in this document
• I will confirm before departure that every passenger in my vehicle has signed the applicable valid waiver (Adult Release for passengers 18 and older, or Minor Assumption of Risk and Parental Consent for passengers under 18)

I understand that passengers in my vehicle who have not signed a valid waiver may still pursue claims against the Released Parties, and that I may be held personally liable for their injuries if my negligence contributed to an incident.

Only the driver named on my registration may operate my vehicle during active Event routes. Passengers are prohibited from driving during any active route, except that a licensed passenger may operate the vehicle to reach a safe stopping point or medical facility in a genuine emergency. If I permit a passenger to drive in any other circumstance, I acknowledge that I do so at my own risk and that TougeNation LLC has no responsibility for permissive-use insurance coverage, driver licensure verification, or resulting liability.

If I am riding as a passenger, I confirm that:

• I will wear a seatbelt at all times while the vehicle is in motion
• I will not distract the driver or encourage unsafe driving behavior
• I will inform the driver if I feel unsafe and request that they slow down or stop
• I understand that I may leave the vehicle at any safe stopping point if I feel unsafe
• I will not operate the vehicle during active Event routes unless I am the registered driver or am doing so in a genuine emergency as described above

8. PHOTOGRAPHIC, VIDEO, AND AUDIO RELEASE

I grant TougeNation LLC and its designees a royalty-free license to use, reproduce, and display my name, likeness, voice, and vehicle images for purposes of:

• Event documentation and commemoration
• Promotional and marketing materials directly related to TougeNation events
• Social media content
• Sponsor reporting and fulfillment

I waive any right to inspect or approve the finished product for these purposes.

9. MEDICAL TREATMENT AUTHORIZATION

In the event of injury or illness during an Event, I authorize TougeNation LLC staff, volunteers, or emergency medical personnel to:

• Administer first aid and emergency medical treatment
• Transport me to the nearest medical facility
• Disclose my medical information to treating physicians, emergency contacts, and TougeNation LLC designated event coordinators solely for the purpose of coordinating my medical care during the Event

I understand that TougeNation LLC does not employ medical staff and that any first aid rendered is provided by volunteers with basic training. I am solely responsible for my own health insurance and medical expenses. I understand that rural areas along a route may have limited or delayed emergency medical response.

In a life-threatening emergency, call 911 immediately — do not wait for TougeNation LLC staff or delay treatment while attempting to notify the organizer.

10. EVENT CONDUCT AND CODE OF COMPLIANCE

I agree to comply with the TougeNation Code of Conduct, published at touge-nation.com/code-of-conduct and incorporated by reference into this Agreement, together with any additional rules announced for a specific Event. Failure to comply may result in immediate removal from the Event without refund, and may affect the protections of this waiver with respect to resulting injuries.

11. SEVERABILITY AND GOVERNING LAW

If any provision of this document is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This document is governed by the laws of the State of Arkansas, without regard to conflict of laws principles. Participant irrevocably consents to the personal jurisdiction of the state and federal courts located in Washington County, Arkansas, and waives any objection based on inconvenient forum.

12. ARBITRATION AND DISPUTE RESOLUTION

Any dispute, claim, or controversy arising out of or relating to this Agreement, including but not limited to claims of personal injury, property damage, wrongful death, or any other claim arising from Participant's participation in an Event, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

The arbitration shall be conducted in Fayetteville, Arkansas, before a single arbitrator selected in accordance with AAA procedures. The arbitrator shall apply Arkansas substantive law. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other provisional relief in any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

13. DATA COLLECTION AND PRIVACY

TougeNation LLC collects personal data solely for event administration, safety verification, and emergency contact purposes. Records relating to this Agreement, including this signed waiver, are retained for as long as necessary for those purposes and to establish, exercise, or defend legal claims.

Dates of birth are subject to specific limits. A participant aged 18 or older on the date of the Event: date of birth retained. A participant aged 13 to 17 on the date of the Event: date of birth retained until that participant's twenty-first (21st) birthday, after which it is deleted. A participant under 13 on the date of the Event: date of birth is used at the time of registration to determine which waiver applies and is not stored.

TougeNation LLC does not sell personal data or share it with third parties for marketing purposes. You may request access to, or deletion of, your personal data at any time by contacting contact@touge-nation.com; requests are honored except where a record must be retained in connection with a pending or reasonably anticipated claim. Our full privacy policy is at touge-nation.com/privacy.

14. ENTIRE AGREEMENT AND ACKNOWLEDGMENT

This document, together with any Event-specific waiver described in Section 1, constitutes the entire agreement between me and TougeNation LLC regarding my participation in Events and supersedes all prior or contemporaneous agreements, representations, or understandings, whether oral or written. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by me and an authorized representative of TougeNation LLC.

I have read this document in its entirety. I understand that I am giving up substantial legal rights by signing it. I sign it voluntarily and without inducement, coercion, or duress. I understand that if I have any questions about this document, I should consult an attorney before signing.

I understand that no oral representations, statements, or inducements apart from the written terms of this document have been made to me.

Rescission right: Participant may rescind this Agreement within 48 hours of signing, provided that rescission is received by TougeNation LLC before the start of the next Event Participant attends. Upon rescission, Participant will receive a full refund of any ticket purchase for that Event. After the 48-hour period or after that Event has begun, whichever comes first, this Agreement is irrevocable.

Event

Any TougeNation event or activity the minor registers for, attends, or takes part in (each, an "Event")

Venue

As announced for each Event

Organizer

TougeNation LLC

IMPORTANT — READ CAREFULLY BEFORE SIGNING

This document is signed by the parent or legal guardian of a minor participant (under 18 years of age on the date of the Event). By signing this document, the parent/legal guardian is giving up important legal rights on behalf of the minor, including the right to sue TougeNation LLC, its owners, officers, directors, employees, volunteers, sponsors, vendors, and agents (collectively, the "Released Parties") for personal injury, property damage, or death arising from the minor's participation in any Event.

1. MINOR PARTICIPATION

I, the undersigned parent or legal guardian, authorize my minor child to participate in Events, including as a passenger in a vehicle on organized driving routes on public roads, during the calendar year in which I sign this consent. If an Event has its own minor consent, I may be asked to sign that as well; where the two conflict, the Event-specific consent controls for that Event.

2. ASSUMPTION OF RISK ON BEHALF OF MINOR

I understand and acknowledge that my child's participation in an Event involves substantial and inherent risks, including but not limited to:

• Motor vehicle collisions with other vehicles, public traffic, or fixed objects
• Loss of vehicle control (road conditions, weather, mechanical failure, driver error)
• Sharp turns, switchbacks, limited guardrails, steep grades on mountain and rural roads
• Weather-related hazards (rain, fog, ice, leaf debris, heat)
• Oncoming traffic, farm equipment, wildlife crossings
• Mechanical failure (brake fade, tire failure)
• Being near moving or parked vehicles at meets, shows, staging areas, and parking lots
• Injury from ejection, fire, or safety equipment malfunction
• Reliance on the driver's skill, judgment, and vehicle condition (not verified by TougeNation LLC)
• Death

I VOLUNTARILY ASSUME ALL RISKS on behalf of my minor child, whether or not described above, including risks arising from the negligence of the Released Parties, to the fullest extent permitted by Arkansas law.

3. RELEASE OF LIABILITY ON BEHALF OF MINOR

In exchange for my child being permitted to participate in Events, I RELEASE, WAIVE, AND FOREVER DISCHARGE the Released Parties from any and all liability, claims, demands, actions, or causes of action arising out of or in any way connected with my child's participation in any Event. This release applies to claims for personal injury, death, property damage, and any other damages, to the fullest extent permitted by Arkansas law.

This release does not apply to gross negligence, willful or wanton misconduct, or intentional harm.

4. INDEMNIFICATION

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims brought by or on behalf of my minor child arising out of or in connection with the child's participation in any Event. I understand that under Arkansas law, a minor may disaffirm this Agreement upon reaching the age of majority, and I agree to indemnify the Released Parties from any such disaffirmed claim to the fullest extent permitted by law.

5. MEDICAL AUTHORIZATION

I authorize TougeNation LLC staff, volunteers, or emergency medical personnel to administer first aid and emergency medical treatment to my minor child in the event of injury or illness during an Event, and to transport my child to the nearest medical facility. I understand that rural areas along a route may have limited or delayed emergency medical response.

6. PHOTOGRAPHIC RELEASE

I grant TougeNation LLC and its designees a royalty-free license to use, reproduce, and display my child's name, likeness, and vehicle images for purposes of event documentation, promotion, social media, and sponsor reporting. I waive any right to inspect or approve the finished product.

7. PARENTAL RESPONSIBILITY

I acknowledge that I am responsible for my minor child during each Event. All minors must be accompanied by a parent or legal guardian at all times. I confirm that my child will wear a seatbelt at all times while a vehicle is in motion, whether I am the driver or the child is riding with another registered driver. If I am the driver, I will operate my vehicle safely and in compliance with all traffic laws and the TougeNation Code of Conduct. If I am not the driver, I have selected a driver I trust and have informed the driver that my child requires seatbelt use at all times.

8. EVENT CONDUCT AND CODE OF COMPLIANCE

I agree that my minor child will comply with the TougeNation Code of Conduct, published at touge-nation.com/code-of-conduct and incorporated by reference into this Agreement. The rules that apply to my minor child include, without limitation: wearing a seatbelt at all times, not distracting the driver, and following all staff instructions. Failure to comply may result in the child's immediate removal from the Event without refund, and may affect the protections of this consent with respect to resulting injuries.

9. CHILDREN UNDER 13

If my child is under 13, I will also be asked to sign a COPPA consent addendum covering the limited personal information collected about my child (name, age, and parent/guardian contact details) and my rights to review or delete it.

10. SEVERABILITY AND GOVERNING LAW

This document is governed by the laws of the State of Arkansas. If any provision is found invalid, the remaining provisions continue in full force and effect. Any dispute shall be resolved by binding arbitration in Fayetteville, Arkansas, under AAA Consumer Arbitration Rules.

11. ACKNOWLEDGMENT

I have read this document in its entirety. I understand that I am giving up substantial legal rights on behalf of my minor child by signing it. I sign it voluntarily and without inducement, coercion, or duress.