Release Of Liability
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)
BY SIGNING THIS DOCUMENT, YOU HAVE READ THE AGREEMENT AND UNDERSTAND ITS CONTENTS AND, ACKNOWLEDGE THE RISKS INHERENT IN MOUNTAIN BIKING AND WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
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PLEASE READ CAREFULLY!
In this Release Agreement the term “mountain biking” includes all mountain bike activities including, but not limited to, guided descents and ascents, clinics, lessons, jumps, drops, use of ramps, use of jump bags, camps, and private instruction (herein after “riding”).
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ASSUMPTION OF RISKS Mountain biking takes place on steep, rugged and challenging terrain and features, and will expose the rider to many risks, dangers and hazards. Falls and collisions occur frequently and are part of the sport and classified as an assumed risk. Bicycles and related equipment may be placed under extreme stress and can malfunction. Helmets are mandatory. Full face helmets and other protective gear are strongly recommended. As with many adventure sports, riding involves the risk of injury, including serious injury, head injury, paralysis or death. The risk of injury increases with the degree of difficulty of the trail and speed.
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Although the risk of injury can never be eliminated, the rider can manage the risk through controlling speed and choosing terrain appropriate for the rider’s skill and experience. What features and trails the rider chooses to ride is always at the discretion of the rider, not the mountain bike instructor or coach, or anyone else. I acknowledge and understand the provisions of this paragraph and waive any liability for the risks associated with mountain biking and the instruction provided to me or as a guardian or parent on behalf of my minor child.
(Initial below, if under the age of 18, guardian must initial)
I agree and understand that I will be held to assume the risk of all trail and course conditions, including but not limited to weather conditions, trail and course layout and construction, hidden or concealed obstacles, and potential collisions with other riders and wildlife. I have the right to stop and visually inspect course and trail conditions and may choose not to ride sections or features that I consider to be too dangerous, risky or unsafe for a rider of my skill level. I acknowledge and understand the provisions set forth in this paragraph and on behalf of myself or as guardian or parent of my minor child and waive any liability for the risks described in this paragraph, herein. (Initial below, if under the age of 18, guardian must initial)
WAIVER, RELEASE OF LIABILITY I agree to waive any and all claims and to release Gravity NWA and Joseph Olivarez, Jessica and Daniel Court, owners, entity, individual or persons in control of the course or area where the instruction and riding is taking place including but not limited to their respective affiliates, subsidiaries, employees, representatives, contractors, volunteers and agents (hereinafter “the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that I or my next of kin may suffer as a result of riding with Releasees, due to any cause whatsoever, including negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees. I understand that the foregoing release covers failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of riding. I also realize that Releasees may not have wilderness first aid and CPR training or that Releasees’ first aid and CPR training might have expired; that Releasees are not trained as medical doctors, nurses, or emergency medical technicians; that all Releasees may be able to do in case of an accident is attempt to call the appropriate medical personnel; and that Releasees have no control over how long it will take for the medical personnel to arrive at the scene of a mountain bike accident. I understand and acknowledge the provisions set forth in this paragraph and on behalf of myself or as guardian or parent of my minor child and waive any liability for the risks described in this paragraph, herein. (Initial below, if under the age of 18, guardian must initial)
I acknowledge that the decision to attempt any trail, trail feature, maneuver, or obstacle encountered while riding with Releasees, was made entirely by me, without coercion or influence by Releasees, and with a full understanding and awareness of the risks to me associated with such trail, feature, maneuver, or obstacle. I also understand that I have the sole discretion to ride or not to ride on a trail, and if I do participate in riding down an obstacle or trail, it is of my own free will and choosing. I waive any right to a jury trial for any claims arising from or related to any services provided by Releasees, and I acknowledge that claims shall be submitted to binding arbitration under the commercial arbitration rules of the FAA, and that the agreement shall be governed by and interpreted under the laws of the state of Arkansas. I acknowledge and agree that should any part of the Agreement be determined to be void or unenforceable by a court of law, the remainder of the waiver will remain binding on the parties. I understand and acknowledge the provisions set forth in this paragraph and behalf of myself or as guardian or parent of my minor child I hereby agree that the sole remedy with regard to seeking any claim or right against the releasees is through commercial arbitration pursuant to the rules herein described. I hereby give up any right to court or jury trial. (Initial below, if under the age of 18, guardian must initial)
I represent and warrant that I am in good health and have no medical conditions or disabilities that restrict or impede my ability to participate in riding. I acknowledge that I have all necessary medications or aids that I might require in the event of a known medical issue (such as allergy medications, epi-pens, etc.). I acknowledge that I’m not relying on Releasees for medications; and I am not relying on Releasees to provide first-aid or any other medical treatment, and I waive any claim against Releasees to provide medical treatment or care of any kind during the riding. I agree that the Releasees are authorized to obtain medical care for me or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed. I further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to me. I agree to pay all costs associated with such medical care and related transportation and to indemnify and hold harmless Releasees from any costs or claims arising from such medical care and related transportation. I have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries I suffer while riding. I understand that this is my sole responsibility and release the Releasees from any claim or responsibility for not providing such coverage, or any failure to obtain and maintain such coverage. I understand and acknowledge on behalf of myself or as guardian or parent of my minor child, agree to the provisions of this paragraph. (Initial below, if under the age of 18, guardian must initial)
I further agree to defend, indemnify and hold harmless Releasees from any and all claims brought by third parties which arise in whole or in part from riding with Releasees. I hereby authorize, grant and convey unto the Released Parties all right, title and interest including but not limited to taking and using for Released Parties marketing activities, any and all photographs and video/audio/electronic recordings taken of me, including as to my name, image and voice, made by or on behalf of any of the Released Parties during my riding activities with the Released Parties, including, but not limited to, the right to use such materials in for any purpose and to any royalties, proceeds or other benefits derived from them. I understand that I will not have any ownership interest in or to such photographs, images and/or recordings, I have not been provided or promised any compensation to me, and I hereby waive any rights, privileges or claims based on any right of publicity, privacy, ownership or any other rights arising, relating to or resulting from the photographs, images and/or recordings. I understand and agree that this paragraph also applies to my minor child(ren) who are participating in the riding activities. I understand and acknowledge on behalf of myself or as guardian or parent of my minor child, agree to the provisions of this paragraph. (Initial below, if under the age of 18, guardian must initial)
BINDING AGREEMENT, PARENTAL RESPONSIBILITY This Agreement shall be binding to the fullest
extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. If this Agreement is being signed by a parent or legal guardian on behalf of a child who is a minor, the undersigned parent or legal guardian acknowledges that he/she is signing this Agreement on behalf of him/herself and on behalf of the child, and that the child is bound by all the terms of this Agreement. This Agreement shall be binding upon the parent’s and child’s assignees, subragors, distributors, heirs, next of kin, executors and personal representatives.
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I am signing below because I have read, understand and agree to this RELEASE OF LIABILITY, WAIVER OF
CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.
I’m signing because I, the minor, acknowledge that I was involved in the decision process of accepting the
above-described conditions of this Waiver and Release.
