TOUGECON SUMMER STAGE 2026
Participant Release, Waiver of Liability, and Assumption of Risk
June 5–7, 2026 · Fayetteville to Hot Springs, Arkansas
Candlewood Suites, Hot Springs, Arkansas
Important — Read Carefully
By signing this document, you are giving up important legal rights, including the right to sue TougeCon 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 TougeCon Summer Stage 2026.
This is a binding legal contract. If you do not understand it, do not sign it. Consult an attorney.
1. Description of Activities and Risks
TougeCon Summer Stage 2026 is a multi-day automotive event consisting of guided driving routes on public mountain and rural roads in Arkansas, conducted in a convoy format with staff driver guides. The Event includes overnight accommodations and planned social gatherings; specific schedules and activities are subject to change and will be communicated through official TougeCon channels.
Acknowledged Risks
Participation involves substantial and inherent risks that exceed those of ordinary highway driving, including but not limited to:
- Extended high-mileage driving leading to driver fatigue and increased accident risk
- Mountain and rural road driving with sharp turns, switchbacks, limited guardrails, steep grades, and reduced sightlines
- Convoy dynamics with participant vehicles following staff guide drivers, creating pressure to maintain pace, follow closely, or exceed comfortable driving speeds
- Weather-related hazards including rain, fog, wet road surfaces, hydroplaning, and summer heat causing driver fatigue or vehicle overheating
- Road surface variability including gravel patches, potholes, patched asphalt, and debris from trees/vegetation
- Oncoming traffic including local vehicles, farm equipment, motorcycles, and commercial trucks on narrow mountain roads
- Wildlife crossings (deer, small mammals) especially at dawn, dusk, and in rural areas
- Multi-vehicle collisions in convoy situations where one incident triggers a chain-reaction pile-up
- Mechanical failure due to sustained high-speed or high-RPM operation, brake fade on mountain descents, or tire failure
- Injury as a passenger including loss of vehicle control due to driver error, ejection if not properly restrained, injury from vehicle safety equipment during a collision, or fire/explosion following a crash
- Reliance on another driver whose skill, judgment, and vehicle condition TougeCon LLC does not independently verify
- Hotel and venue risks including slip-and-fall, elevator/parking garage incidents, food-related illness, and pool/spa hazards
- Third-party property damage to roadside businesses, residences, or infrastructure
- Getting lost or separated from the group, resulting in disorientation, fuel shortage, or unsafe navigation
- Physical altercation or social conflict among participants
- Heat-related illness during outdoor portions of the event in June Arkansas weather
- Death
I further acknowledge that these risks exist even if I am a skilled, cautious driver operating a well-maintained vehicle, because other participants, public traffic, wildlife, weather, road conditions, or staff guide driver behavior may create hazards beyond my control.
2. Assumption of Risk
I voluntarily assume all risks associated with my participation, 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 related to the guided route drives:
- 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
- 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
- Mountain roads in Arkansas may lack guardrails, may have gravel or debris on shoulders, may narrow unexpectedly, and may have sharp turns with limited visibility
- Brake fade is a real risk on sustained mountain descents, and I am responsible for managing my vehicle's brakes and speed
- Driver fatigue is a significant risk over extended high-mileage driving, and I am responsible for recognizing my own fatigue limits and taking breaks
- GPS/MapBox route sheets are provided as a convenience but may not reflect real-time road conditions, closures, or hazards
- The Oark General Store lunch stop and other roadside stops are public businesses where TougeCon LLC does not control premises conditions
- The Candlewood Suites hotel is a third-party accommodation where TougeCon LLC does not control premises safety, maintenance, or security
- My personal auto insurance is my primary and sole coverage for any incident, and the Released Parties carry no obligation to insure my vehicle, my liability to others, or my medical expenses
- TougeCon LLC maintains commercial general liability insurance for the Event, but this insurance does not cover participant injuries or vehicle damage, and I am solely responsible for my own insurance coverage
- If I ride as a passenger, I am trusting the driver's skill, judgment, and vehicle condition, which TougeCon LLC does not independently verify
- If I ride as a passenger in a modified or race-prepared vehicle, it may lack standard safety equipment (airbags, rear seats, interior trim), and I assume the risk of riding in such a vehicle
3. Release of Liability
In exchange for being permitted to participate, I release, waive, and forever discharge the Released Parties from any and all liability, claims, demands, actions, or causes of action — whether in contract, tort, or otherwise — arising out of or connected with my participation, my presence at any event location, my use of navigation materials, the actions of other participants, or the condition of any vehicle, road, facility, 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 this release does not apply to gross negligence, willful or wanton misconduct, or intentional harm.
Participant acknowledges that separate waivers or hold-harmless agreements may be required by property owners, venue operators, or municipal authorities as a condition of event permitting, and Participant agrees to execute such additional documents upon request.
4. 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, my vehicle's participation, 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 the Event, any violation of traffic laws or event rules, any damage I cause to the Candlewood Suites or its property, or any incident during travel to or from the event.
This indemnification obligation does not extend to losses caused solely by the gross negligence or willful misconduct of the Released Parties. This obligation survives the conclusion of the event.
5. Vehicle Condition and Insurance
I represent and warrant that my vehicle is legally registered and properly insured with at minimum Arkansas-mandated liability coverage, 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. 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 TougeCon Summer Stage 2026 Code of Conduct. I understand that alcohol is prohibited before and during active route drives — no driving under the influence of alcohol, drugs, or any impairing substance. I understand that accommodations are provided at Candlewood Suites with a maximum of 2 people per room unless specifically approved by hotel, and that I am responsible for any damage to hotel property.
I represent that my vehicle will remain in safe operating condition throughout the Event. If my vehicle develops a condition that renders it unsafe, I will immediately withdraw from active driving. TougeCon LLC reserves the right to remove any vehicle from the Event at any time if it is deemed unsafe. I understand that TougeCon LLC may request proof of insurance and driver's license at any time, and failure to produce valid documentation may result in removal without refund.
6. Passengers and Minors
If transporting passengers, I confirm that I have informed all passengers of the risks described in this document and all passengers in my vehicle have signed a valid waiver.
I understand that passengers who have not signed a valid waiver may still pursue claims against the Released Parties, and I may be held personally liable for their injuries if my negligence contributed to an incident.
If riding as a passenger, I confirm I will wear a seatbelt at all times, 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, and I understand that I may leave the vehicle at any safe stopping point if I feel unsafe. TougeCon LLC will use commercially reasonable efforts to arrange alternative transportation, but I acknowledge that event routes may pass through areas with limited cellular service and that alternative transportation may not be immediately available.
Minors: Participants under 18 must have this Agreement signed by a parent or legal guardian. Under Arkansas law, a minor may disaffirm this Agreement upon reaching the age of majority. In the event of any claim by or on behalf of a minor, such claim shall be resolved by binding arbitration in accordance with Section 12. Parent/Guardian further agrees to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of the minor, to the fullest extent permitted by law. A separate Minor Assumption of Risk and Consent Form is required.
7. Photographic, Video, and Audio Release
I grant TougeCon LLC and its designees a royalty-free license to use, reproduce, and display my name, likeness, voice, and vehicle images for event documentation, promotional and marketing materials directly related to TougeCon events, social media content, and sponsor reporting. I waive any right to inspect or approve the finished product. Photo and video coverage is a condition of participation; if I do not wish to be photographed or recorded, I should not participate.
8. Medical Treatment Authorization
In the event of injury or illness, I authorize TougeCon LLC staff, volunteers, or emergency medical personnel to administer first aid, transport me to the nearest medical facility, and disclose my medical information to treating physicians, emergency contacts, and TougeCon LLC designated event coordinators solely for coordinating my medical care during the Event.
I understand that TougeCon 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. Rural areas may have limited or delayed emergency medical response.
This authorization is not a HIPAA authorization (as TougeCon LLC is not a covered entity under HIPAA), but I consent to the disclosure of my medical information as described above. This medical information authorization expires one year from the date of this Agreement.
9. Event Conduct and Code of Compliance
I agree to comply with the TougeCon Summer Stage 2026 Code of Conduct, which is incorporated by reference into this Agreement. The Code of Conduct includes rules regarding speed limits, convoy safety, alcohol restrictions during active driving, hotel conduct, property respect, and staff instructions.
I acknowledge that I am primarily responsible for my own safety and the safe operation of my vehicle, and that TougeCon LLC cannot guarantee the conduct of other participants.
Failure to comply with the Code of Conduct may result in immediate removal from the event without refund, and may void the protections of this waiver.
Helmets are not required or recommended for route drives on public roads.
Solo travel protocol: If separated from the group, I will use provided GPS/MapBox route sheets and emergency contact numbers. I will not attempt risky routes to "catch up."
10. Hotel Accommodations Disclaimer
TougeCon LLC has arranged a room block at Candlewood Suites for participant convenience. Candlewood Suites is an independent third-party business not owned, operated, or controlled by TougeCon LLC. TougeCon LLC makes no representations or warranties regarding hotel safety, cleanliness, amenities, or service quality. I am responsible for my own room charges, incidental expenses, and any damage to hotel property. Hotel policies are enforced by the hotel, not TougeCon LLC, and exceptions to occupancy limits must be approved by the hotel.
11. Severability and Governing Law
If any provision is found invalid or unenforceable, the remaining provisions continue in full force. 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 Garland County and Washington County, Arkansas, and waives any objection based on inconvenient forum.
12. Arbitration and Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, 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. This arbitration agreement shall be enforceable under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the Arkansas Uniform Arbitration Act, Ark. Code § 16-6-301 et seq. 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
TougeCon LLC collects driver's license numbers and other personal data solely for event administration, safety verification, and emergency contact purposes. Personal data shall be retained for no longer than ninety (90) days following the conclusion of the Event, or for the duration of any pending claim or litigation, whichever is longer. Upon expiration of the retention period, all such data shall be securely destroyed. In the event of a data breach involving personal information, TougeCon LLC will notify affected individuals in accordance with Arkansas law (Ark. Code § 4-110-101 et seq.).
14. Entire Agreement and Acknowledgment
This document constitutes the entire agreement between me and TougeCon LLC regarding my participation in Summer Stage 2026 and supersedes all prior or contemporaneous agreements, representations, or understandings, whether oral or written. No modification, amendment, or waiver of any provision shall be effective unless in writing and signed by me and an authorized representative of TougeCon 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 have had the opportunity to have this document reviewed by an attorney of my choosing, and I have chosen to sign it without doing so.
I understand that no oral representations, statements, or inducements apart from the written terms of this document have been made to me.
Rescission right: I may rescind this agreement within 48 hours of signing, provided rescission is received by TougeCon LLC before the start of the Event (June 5, 2026), by notifying TougeCon LLC in writing or by email to tougecon@gmail.com. Upon rescission, I will receive a full refund. After the 48-hour period or after the Event has begun, whichever comes first, this agreement is irrevocable.
TOUGECON SUMMER STAGE 2026
Minor Assumption of Risk and Consent Form
June 5–7, 2026 · Organizer: TougeCon LLC
Important — Read Carefully Before Signing
This form must be completed by a parent or legal guardian for any participant or passenger under 18 years of age. It supplements the TougeCon Summer Stage 2026 Participant Waiver, which is incorporated by reference.
1. Acknowledgment of Arkansas Law Regarding Minors
I understand that under Arkansas law:
- A minor (under 18) generally cannot be bound by a contract, including a waiver of liability
- A parent/guardian may not be able to prospectively waive a minor's right to bring a claim for personal injury upon reaching 18
- The minor's statute of limitations for personal injury claims is tolled during minority, meaning the minor may have up to 3 years after turning 18 to file a claim
- This form does not and cannot waive the minor's own right to bring a future claim
I acknowledge that this form was made available for review in advance of the Event, and that I have had the opportunity to review it carefully before signing.
2. Parent/Guardian Waiver of Own Claims
I, the undersigned parent or legal guardian, hereby release, waive, and forever discharge the Released Parties from any and all claims that I may have arising from the minor's participation, including:
- Claims for loss of consortium (loss of the minor's companionship, society, and services)
- Claims for medical expenses incurred on behalf of the minor
- Claims for emotional distress suffered by me as a result of the minor's injury
- Any other claims that I may personally assert as a parent or guardian
This release of my own claims is intended to be fully enforceable regardless of whether the minor's own claims are enforceable.
3. Parent/Guardian Indemnification for Minor's Claims
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, costs, or expenses arising from or in connection with any claim brought by or on behalf of the minor, to the fullest extent permitted by Arkansas law. This obligation survives the conclusion of the event.
4. Assumption of Risk on Behalf of Minor
I have read the Main Waiver and understand the risks described therein. I have explained those risks to the minor in an age-appropriate manner. I acknowledge that the minor will be participating in or riding as a passenger in a multi-day automotive event on public mountain roads, which involves substantial and inherent risks including serious injury or death.
5. Medical Treatment Authorization for Minor
In the event of injury or illness to the minor, I authorize TougeCon LLC staff, volunteers, or emergency medical personnel to administer first aid, transport the minor to the nearest appropriate medical facility, and disclose the minor's medical information to treating physicians and emergency contacts.
I understand that TougeCon LLC does not employ medical staff. This authorization is not a HIPAA authorization (as TougeCon LLC is not a covered entity under HIPAA), but I consent to the disclosure of the minor's medical information as described above. This authorization expires one (1) year from the date of this form.
6. Photographic, Video, and Audio Release for Minor
I grant TougeCon LLC and its designees a royalty-free license to use, reproduce, and display the minor's name, likeness, voice, and images for event documentation, promotional materials directly related to TougeCon events, and social media content. Photo and video coverage is a condition of participation; if the minor does not wish to be photographed or recorded, the minor should not participate.
7. Arbitration for Minor Claims
Any dispute arising from the minor's participation shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Fayetteville, Arkansas, before a single arbitrator applying Arkansas substantive law.