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This Release of Liability, Waiver, and Assumption of Risk Agreement (“Agreement”) is between Participant(s) and RideReady. I/We, the undersigned or minors under my guardianship (“PARTICIPANT(S)”), agree that I/We have voluntarily requested to participate in the RideReady Mountain Bike (MTB) Skills clinic (“SKILLS CLINIC”).
I/We Am/Are Aware And Acknowledge That The Sport Of Cycling, Specifically Mountain Biking, Is An Inherently Dangerous Sport, Including But Not Limited To Dangers Associated With Man-Made Obstacles Or Natural Surface Hazards, Trees, Logs, Vegetation, Water, Potholes, Rocks, Cold Weather, Extreme Heat, Rain,
Other Bicycles, Other Riders, Pedestrians, Vehicles, Fixed Or Movable Objects, Equipment Failure, Inadequate Safety Equipment, And Use Of Equipment Or Materials Provided. Safety Equipment Includes The Use Of A Certified Safety Helmet To Protect Against Serious Head Injury.
I/We Am/Are Aware That The Skills Clinic Will Include Demonstrations Of Mountain Bike Skills Techniques Such As Cornering, Braking, Jumping, And Other Physically Strenuous Movements Required To Control A Mountain Bike On Natural Surface Trails And Man-Made Features And/Or Obstacles. I Am Aware That I Could
Be Seriously Injured Or Even Killed In The Event Of A Crash. I/We Fully Understand That Participating In The Skills Clinic May Not Only Involve Risk Of Serious Bodily Injury Or Death, Economic Loss, Property Damage Or Loss That May Result From My Own Actions, Inactions Or Negligence, But Also From The Actions, Inactions Or Negligence Of Others And/Or The Condition Of The Skills Clinic Course, And I/We Voluntarily Agree To Assume This Risk.
The Undersigned Acknowledge And Fully Assume The Risks Associated With Participating In Activities, As Listed Above And Including The Releasees’ (As Defined Below) Own Negligence And The Negligence Of Others. The Undersigned Fully Understands That Mountain Biking Activities Include The Potential For Serious Physical Injury, Permanent Paralysis And/Or Mental Injury, Disability Or Death, Loss Or Damage To Person Or Property Associated With Presence Or Participation In The Activity. The Undersigned Understands That Particular Skills, Equipment And Personal Discipline May Reduce The Risks, But That Risk Of Serious Injury Exists.
Mountain biking, by its nature, carries with it inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. RIDEREADY involves demonstration of mountain biking skills and techniques that require quick movements involving speed and change of direction, exertions of strength, and can involve stress on the cardiovascular system. RIDEREADY will also involve other participants, which present hazards associated with multiple users in a defined space. The specific risks involved in mountain biking can range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as concussions, broken bones, and heart attacks 3) catastrophic injuries including paralysis and death.
Participant(s) Hereby Knowingly And Expressly Waive And Release Any And All Claims, Now Known Or Hereafter Known In Any Jurisdiction Throughout The World, Against RideReady, And Its Officers, Directors, Employees, Agents, Affiliates, Shareholders, Successors And Assigns (Collectively, “Releasees”), On Account Of
Injury, Death Or Property Damage, Including Theft, Arising Out Of Or Attributable To Participant(s)’ Participation In The Skills Clinic And Arising Out Of The Negligence Of Any Releasees Or Otherwise.
I/We, My Personal/Our And Legal Representatives, Heirs, Successors And Next Of Kin Will Not Make Any Claim Against RideReady, And Its Present Or Former Officers, Directors, Employees, Agents, Affiliates, Shareholders, Successors And Assigns, Attorneys, Insurers And Representatives And Their Respective Successors, Heirs And Assigns Or Any Volunteer(s) For Injury, Damage, Death Or Any Other Loss Arising From Or Related To Participating In The Skills Clinic.
I/We agree to follow all posted and/or announced safety rules, and all rules common to mountain biking and set forth by RideReady. I/WE agree to report any unsafe practices, conditions, or equipment to the event manager.
In relation to the Skills Clinic, I/We hereby grant to RideReady all rights of every kind in perpetuity in and to my interview, appearance and name. I/We hereby authorize RideReady to photograph me/us, to edit the same at its discretion and to use photographs in any manner or media whatsoever, including,
without limitation, unrestricted use for purposes of television, exhibition, publicity, advertising and publications. I/We further authorize RideReady to use my name, likeness or other information concerning me in connection with any program and for any other purpose. I agree that RideReady owns all rights and proceeds of my photos rendered in connection herewith.
I/We certify, represent, and warrant that:
1) I possess a sufficient degree of physical fitness to safely participate in the RIDEREADY Mountain Bike Skills Clinic,
2) I/We understand that I/We am/are to discontinue any activity at any time I/we feel undue discomfort or stress, and
3) I/We will indicate below any health-related conditions that might affect my ability to safely participate in the Skills Clinic and I/We will verbally inform the instructors or management immediately.
In the event of a medical emergency, I/we authorize and give my consent and permission to RIDEREADY to provide any and all medical assistance, including but not limited to first aid, arranging treatment by
medical personnel, physicians, nurses, or paramedics, and to authorize any emergency medical treatment. I/we further understand that in the event of a medical emergency. I/WE WILL BE FINANCIALLY RESPONSIBLE FOR ANY AND ALL EXPENSES INCURRED.
I/We acknowledge that I/we have a medical insurance policy in my/our name that has adequate medical and long-term disability coverage. Check out https://getspot.com/ if insurance is needed for our session. Such insurance will be my/our primary source of payment should medical treatment be necessary as a result of my participation in the RIDEREADY Mountain Bike Skills clinic.
I/We understand that I/we am/are solely responsible for any medical, health, and personal injury costs relating to my participating in the RIDEREADY Mountain Bike Skills clinic. I/We understand that I am strongly encouraged to have a physical examination and purchase health insurance prior to any and all
participation in the RIDEREADY Mountain Bike Skills Clinic.
I/We also agree to To Hold Harmless And Indemnify RideReady from all claims resulting from my/our negligence and to reimburse RideReady for any expenses incurred as a result of my/our involvement at the RIDEREADY Mountain Bike Skills clinic. I/We further agree to pay all costs and attorney’s fees incurred
by RIDEREADY in investigating and defending a claim or suit if my/our claim is withdrawn, or to the extent a court or arbitration determines that RIDEREADY is not responsible for the injury or loss.
The undersigned agrees, for self and successors, that the above representations are contractually binding, and are not mere recitals. The undersigned understands that if claims are made against Releasees that the undersigned will be responsible for any costs and fees incurred by Releasees in defending the claims.
I/We Have Read The Previous Paragraphs And Know The Nature Of The Activities At The RideReady Mountain Bike Skills Clinic. I/We Understand The Demands Of Those Activities Relative To My Physical Condition And Skill Level, And I/We Appreciate The Types Of Injuries That May Occur As A Result Of Activities Made Possible By RideReady. I/We Hereby Assert That My/Our Participation Is Voluntary And That I/We Knowingly Assume All Such Risks. Participant(s) Understand, Acknowledge, And Agree That The Skills Clinic Is Not A Service Provided That Is A Duty To The Public. Participants Understand, Acknowledge, And Agree That This Agreement Has Been Fairly Entered Into And That Its Terms And Conditions For Participation As Set Forth Herein Are Clear And Unambiguous.
Arbitration Agreement
The Participant, and the Participant's parent(s) or legal guardian(s), if the Participant is a minor, hereby agrees to submit any dispute arising from participation in the Programs to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall not be an officer or director of any entity that operates an outfitter service in the United States. In the event that the two party appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Colorado, utilizing the selection criteria for the neutral as set forth above. Each party shall pay its own cost, including the cost associated with the party appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county and state in which the Skills Clinic occurred and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously
resolve this matter.
This Agreement may not be modified in any way, and not orally. This Agreement shall be effective for injuries now or which may hereinafter occur in the future, whether known or unknown.
The undersigned hereby expressly agree that this Release and Waiver is intended to be as broad and inclusive as permitted by laws and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect Every term and provision of this contract is intended to be severable in whole or in part. If any of them are found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable on the Participant, his/her successors, and assigns. This Release supersedes any oral or written statements made by or to the Participant(s) at any time by anyone in connection with any RideReady events or activities.
This Agreement constitutes the sole and entire agreement of the Participant(s) and RideReady with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Participant(s) and RideReady and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Subject to the arbitration provision above, any claim or cause of action arising under this
Agreement may be brought only in the federal and state courts located in Denver, Colorado and Participant(s) hereby consents to the exclusive jurisdiction of such courts.
Acknowledgement Of Understanding
I/We Have Read This Waiver Of Liability And Indemnification Agreement And Fully Understand Its Terms. I/We Understand That By Selecting Accept/Agree On Form That I/We Am/Are Giving Up Substantial Rights, Including My/Our Right To Sue. I/We Acknowledge That I/We Am/Are Accepting This Agreement Freely And Voluntarily, And Intend My/Our Acceptance To Be A Complete And Unconditional Release Of All Liability.
Consent and Release of Parent / Guardians for minors under 18 years old.
I am the parent or guardian of the minor listed below. I certify that they are capable of participating in the Skills Clinic and its related events. I certify that I, as parent/guardian with legal responsibility for this participant, do consent to their participation in the Skills Clinic. I do so at my own risk and accept full responsibility for any injury or death that results. I agree that the terms of the contract above shall likewise bind me, my child, my heirs, legal representatives, and assigns. I hereby release and shall defend, indemnify and hold harmless RideReady, its owners, volunteers, agents and or employees, affiliates, property owners or lessors, and any other individual that is connected in any manner with the Skills Clinic and its related events from every claim and any liability arising out of my minor's participation in the Skills Clinic and its related events. I further promise not to sue the entities referenced above on my behalf or on behalf of my minor listed above. I have read this document fully. I fully understand its meaning and intent of same. I understand that I am giving up substantial rights for myself and for my minor listed, and voluntarily sign it for the privilege of allowing my minor to participate in the Skills Clinic and its related events.