RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
As consideration for my ability to participate in mountain biking and other related activities with Evergreen Mountain Bike Alliance (Evergreen), I agree to the following:
I acknowledge that I am voluntarily participating in Mountain Biking with Evergreen. In this agreement, the term "Mountain Biking" shall include, but is not limited to: instructional skill sessions; group or individual rides; races; contests; demonstrations; seminars; post-ride social activities, and any other events, services, or activities in any way connected with or related to Mountain biking with Evergreen.
ACKNOWLEDGMENT OF SAFETY
I acknowledge that I have been advised to wear a certified helmet while Mountain Biking and agree to wear a helmet. I am familiar with the proper use of a mountain bicycle, including all quick release mechanisms, brakes, and gear shifters. I agree to remove myself from participation in Mountain Biking if I sense or observe any unusual hazard or unsafe condition, or if, at any time, I feel unable or unfit to safely continue for any reason. I understand that the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in Mountain Biking.
ASSUMPTION OF RISKS
I acknowledge that there are significant risks, dangers, and hazards involved in participating in Mountain Biking. I further understand that these risks, dangers, and hazards are inherent in the activity and that injuries are a common and ordinary occurrence, notwithstanding specialized training and skills, safety equipment, and other precautionary measures. These risks, dangers, and hazards include, but are not limited to: mechanical failure of the mountain bike or equipment; changing weather conditions; collision with natural or manmade falling objects including but not limited to exposed rock, snow, ice, earth, trees, stumps or branches on or adjacent to the trail or terrain; collision or encounters with other mountain bikers, wildlife, pedestrians, vehicles, fences or posts; gunfire or bow and arrow; changes or variations in the trail or terrain; streams, creeks, and holes in or near the trail or terrain; cliffs; road-banks or cut banks; variation or steepness of the trail or terrain; difficulty or inability to control one's speed or direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; becoming lost or separated from instructors or other participants; failure to bicycle safely or within ones own ability or within designated areas; negligence of other mountain bikers or participants; and NEGLIGENCE ON THE PART OF EVERGREEN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, OR SPONSORS, INCLUDING THEIR FAILURE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS OF MOUNTAIN BIKING (INCLUDING NEGLIGENCE OR INTENTIONAL ACTS ON THE PART OF EVERGREEN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, OR SPONSORS) AND THE POSSIBILITY OF BODILY INJURY, DEATH, DISABILITY, OR PROPERTY DAMAGE THAT MAY RESULT THEREFROM DUE TO ANY CAUSE WHATSOEVER AND WITHOUT LIMITATION.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
For myself and on behalf on my heirs, personal representatives, executors, administrators, agents, and assigns, I agree to WAIVE, RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS Evergreen and its directors, officers, employees, agents, representatives, volunteers, sponsors, successors, assigns, and all others who are involved with my participation in Mountain Biking (collectively Releasees) from and against any and all liabilities, damages, claims, demands, losses, or causes of action of every kind (collectively Claims), including, but not limited to, Claims for bodily injury, death, disability, property damage, or property theft, EVEN IF ARISING FROM NEGLIGENCE OR INTENTIONAL ACTS ON THE PART OF THE RELEASEES OR OTHERWISE, that in any manner relate to or arise out of my participation in Mountain Biking, to the full extent permitted by law.
I accept the use of any loaned equipment by Evergreen. Equipment includes but is not limited to, bikes, helmets, protective gear, bike tools, trail building tools, etc. I accept the use of equipment as is and will be fully responsible for the use and condition until it is returned to Evergreen. I agree to return all equipment in the same condition as when it was received and agree to be responsible for any damages during the time of its use.
I agree to WAIVE, RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS Evergreen and its directors, officers, employees, agents, representatives, volunteers, sponsors, successors, assigns, and all others who are involved from any and all losses, claims, actions, or proceedings of any kind resulting from the use of the loaned equipment. This includes payment of all legal costs and reasonable counsel fees incurred by Evergreen and all affiliate and indemnified parties, or any of them, for the defense of any such action which may hereafter arise directly or indirectly from the activities related in any way to the use of loaned equipment.
I acknowledge and authorize Evergreen to use my image and likeness without compensation, in any future Evergreen material, including without limitation, as it appears in photos, print media, video, and recorded audio, obtained during or relating to an event, class, work party, or social gathering provided by or in association with Evergreen. By signing this Consent, I understand I am releasing Evergreen from any and all liability that may occur as a direct or indirect result of the use or modification of my image or likeness, or the release of my identity.
I HAVE CAREFULLY READ THIS EVENT PARTICIPANT WAIVER & MEDIA RELEASE, INCLUDING
THE RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT, AND FULLY UNDERSTAND AND AGREE TO ITS TERMS. I FURTHER ACKNOWLEDGE THAT BY SIGNING BELOW I AM FREELY AND VOLUNTARILY WAIVING SUBSTANTIAL RIGHTS AS DESCRIBED ABOVE. MY SIGNATURE ALSO CONFIRMS THAT IF I FAILED TO UNDERSTAND ANYTHING IN THIS AGREEMENT, I HAVE SOUGHT AND RECEIVED AN EXPLANATION OF ITS MEANING AND SIGNIFICANCE TO MY COMPLETE SATISFACTION.