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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:

VOLUNTARY PARTICIPATION

I acknowledge that I am voluntarily participating in Mounting 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 mounting 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 AGREEMENT

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 VERIFY THAT I HAVE READ AND UNDERSTAND THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY

MEDIA RELEASE

For good and valuable consideration, receipt of which is hereby acknowledged, I authorize Evergreen Mountain Bike Alliance (“Company”) and their respective affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance for the Company.

I agree that you may tape and photograph me, and record my voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with my appearance and that you shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Company or otherwise. For purposes of clarity, I expressly waive any and all moral rights I may have in connection with my appearance.

I further agree that you may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of Evergreen and/or otherwise and ancillary products (e.g., merchandise) in connection with Evergreen and in connection with Company’s affiliated services, throughout the world in all media, an unlimited number of times in perpetuity. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party.

I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

I VERIFY THAT I HAVE READ AND UNDERSTAND THIS ASSUMPTION OF RISKS

I HAVE CAREFULLY READ THIS 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.