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Waiver Ottawa Mountain Bike Association

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Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement with Regard to Mountain Biking in Park

MOUNTAIN BIKING IN PARK

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR

GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR

CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY !

NOTICE TO RIDERS, PARENTS AND GUARDIANS

If you are new to the mountain biking program at Park (hereafter referred to as “Park,”) or if you are signing this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (hereafter called “Release Agreement”) as the parent or guardian of a rider under the age of 18 (or age of majority of state), please take the time to review this document carefully and familiarize yourself with the mountain biking activities at Park.

Injuries are a common and expected part of mountain biking. Challenging terrain should not be attempted until the rider has the appropriate skill, experience and equipment.

CODE OF RESPONSIBILITY

1. Stay in control at all times. It is your responsibility to avoid other persons and objects around you.

2. Do not stop where you obstruct a trail or are not visible from above.

3. When entering a trail or starting downhill, you must look uphill and yield to other riders.

4. Keep off closed areas and obey all signs and warnings.

5. Stay on marked trails. Do not cut switchbacks.

6. Do not ride if your ability is impaired through the use of drugs or alcohol.

7. You must have sufficient physical dexterity, ability and knowledge to safely ride and unload lifts. If in doubt, ask the attendant.

8. Hiking in the Bike Park is not permitted.

9. Do not feed, provoke or approach wildlife.

KNOW THE CODE – BE SAFETY CONSCIOUS. IT IS YOUR RESPONSIBILITY.

The undersigned acknowledges that he/she has read and understands the following:

1. The trails of the Park are rough and demanding on both the bike and body. Before riding always inspect your equipment or have it checked by a qualified bike mechanic.

2. Mountain biking in the Park involves the risk of injury. You control the degree of risk you will encounter in using the trails and features in the Park.

3. Do not attempt any of the trails or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level.

4. Helmets are mandatory for riding in the Park and protective padding is strongly recommended. Full suspension bikes and 24" minimum wheels are recommended.

5. All riders under age 13 must have the written consent of a parent or guardian to ride in the Park unaccompanied by an adult.

6. Beware of changing conditions on trails and features. It is your responsibility to inspect features before using them.

7. Stay off access roads. Stop at all road crossings.

8. Ensure that your helmet is in good shape and properly adjusted.

9. Inspect bike frame for cracks, damaged or dented areas.

10. Ensure you have sufficient brake pad to stop your bike while descending.

11. Front and rear axles (skewers) should be tight.

12. Headset and stem must be secure with no looseness or play.

13. Check that your tires are in good condition, with no tears or cuts in the sidewall.

14. Handle bar and handle grips must be tight and unable to spin. Seat and seat post need to be fastened securely.

YOU ASSUME THE RISK OF ANY INJURY THAT MAY OCCUR WHEN USING THE PARK FACILITIES. LIABILITY OF THE PARK FOR ANY INJURY OR LOSS IS EXCLUDED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

1. The undersigned does hereby release, discharge and shall hold Park harmless, including its directors, officers, employees, agents, independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials, workers, volunteers, participants, sponsors, promoters and advertisers involved with mountain biking at the Park (all of whom are hereinafter collectively referred to as “the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Mountain Biking, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING REFERRED TO ABOVE, and the undersigned covenants and agrees that he/she will HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Mountain Biking.

2. In this Release Agreement, the term “mountain biking” shall include, but not be limited to, all activities, events, services or use of facilities provided, arranged organized or conducted by the Releasees including but not limited to: cycling; bike descents; mountain bike tours; bicycle camps; use of the Bike Park; bicycle skills training; use of trails and roads; guided mountain biking activities; races; competitions; demonstrations and events; orientation and instructional courses and sessions; big air contests; dual slalom, downhill, and biker cross events; BMX courses and races; use of mountain boards, mountain scooters, digglers or any other type of wheeled self propelled conveyance; and all other related activities, events or services.

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state of , and any litigation involving the parties to this Release Agreement shall be brought solely within the state of .

5. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Mountain Biking, other than what is set forth in this Release Agreement.

6. The term “Releasees” as used herein includes the Park, its directors, officers, employees, agents, independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials, workers, volunteers, participants, sponsors, promoters and advertisers involved with mountain biking at the Park.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

ASSUMPTION OF RISKS

1. Injuries are a common and expected part of mountain biking. Mountain biking at the Park takes place on steep and rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards. These include but are not limited to: use of chairlifts and gondolas; changing weather conditions; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks; constructed feature such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including mountain lions and bears; negligence of other riders or users of the premises; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING.

2. I acknowledge that the risks, dangers and hazards of Mountain Biking are increased during races, competitions and contests, due to the competitive nature of the activity and the fact that there will be other participants on the course. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.

WITNESS my signature this the day of , .


Mountain Biker


Witness

Waiver and Release by Legal Guardian or Parent

I hereby represent that I am the parent or legal guardian of the aforesaid Mountain Biker (who is under the age of 18 years) and am authorized to execute this Release. I do further agree and represent that:

a. Mountain Biker is physically able to safely use the Park’s mountain bike facilities;

b. I have read this document; and

d. I voluntarily signed this Waiver and Release.

In consideration of said Mountain Biker being allowed to use the Park’s mountain biking facilities, the undersigned, on behalf of myself and said Biker, release the Releasees defined and described above from all liability to me and/or said Biker, including any and all liability for any loss, damage, expense or injury, including death, that we may suffer or that our next of kin may suffer, as a result of Bikers’ participation in Mountain Biking, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING REFERRED TO ABOVE. I further agree to indemnify, save and hold Releasees harmless from any loss, liability, attorneys’ fees, damage, or costs that they (or any of them) may incur arising out of or related to the use of the Park’s facilities by said Biker whether caused by the negligence of the Releasees or otherwise.

Parent or Guardian of Mountain Biker

Date

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said County and State, on this day of , 20, within my jurisdiction, the within-named , who acknowledged that he/she executed the above and foregoing instrument.

NOTARY PUBLIC

My Commission Expires:

NOTE: EACH PAGE SHOULD BE INITIALED BY THE SIGNATORIES.

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What the Waiver Ottawa Mountain Bike Association Is

The Waiver Ottawa Mountain Bike Association is a liability release and assumption-of-risk agreement used by the club to document participant consent for mountain biking activities, events, and sanctioned rides. It identifies parties, describes the activity and known risks, and sets out release and indemnity language to limit the club's exposure. The form also records emergency contact details, medical information and any special conditions for participation. Proper execution and retention help organizers manage risk, support insurance claims, and provide evidence of informed consent in case of incidents or disputes.

Why a Clear Waiver Matters for the Club

A well-drafted waiver clarifies participant expectations, documents informed consent, and helps reduce legal exposure by creating a contemporaneous record of assumed risk and release terms.

Why a Clear Waiver Matters for the Club

Who Typically Completes This Waiver

Organized event directors, volunteer ride leaders, and registration staff complete or collect waivers as part of membership and event onboarding.

  • Event organizers and registrars responsible for recordkeeping and compliance.
  • Participants and guest riders confirming understanding of inherent risks.
  • Parents or guardians providing consent for participants under 18 years.

Individual participants sign the waiver before riding; parents or guardians sign for minors to confirm consent and emergency contacts.

Core Parts of a Professional Waiver

A complete waiver contains clear identification of parties, an accurate description of activities, assumption of risk language, an explicit release and indemnity clause, emergency and medical data, and signature blocks for all required signatories.

Parties

Names and roles of the participant, guardian (if minor), and the Ottawa Mountain Bike Association or hosting entity; identify legal entities clearly.

Activity Description

Concise description of the ride or event, including location, terrain type, and any foreseeable hazards relevant to risk allocation.

Assumption of Risk

Plain-language statement that the participant understands and accepts inherent risks such as falls, collisions, terrain hazards, and weather-related dangers.

Release and Indemnity

Clear release of claims against the association and promise to indemnify for costs arising from the participant's actions where lawful and enforceable.

Medical & Emergency

Fields for allergies, medications, emergency contact name and phone, and any special medical considerations or physical limitations.

Signature Block

Signature line, printed name, date, and for minors a parent/guardian signature; include witness or notary lines if required by local law.

Step-by-Step: Collecting a Valid Waiver

Follow these sequential steps to ensure each waiver is complete, attributable, and stored per policy.

  • 01
    Prepare Form: Use the current waiver template with accurate event details.
  • 02
    Verify Identity: Match signer name to ID when present or use electronic authentication.
  • 03
    Obtain Signature: Collect handwritten or accepted e-signature before participation.
  • 04
    Store Record: Save a signed copy in the event file and secure backup system.

Configuring an Online Waiver Workflow

Set up a simple digital flow to accept, authenticate, and archive signed waivers for events and memberships.

Document Upload Upload PDF waiver to the platform and verify layout.
Auto-Fill Fields Enable Magic fields or templates for repeated name and contact data.
Authentication Level Choose email link, SMS code, or ID verification for signer attribution.
Reminders and Expiry Configure reminders for unsigned waivers and set expiry rules before event.
Storage Location Select secure cloud folder or club records system for archival copies.

Technical Considerations for Digital Waivers

Confirm file types, signer authentication, and integrations before launching electronic waiver collection.

  • Accepted Formats: PDF, Word DOCX, and fillable PDF
  • Integrations: Google Drive, Box, or club CRM
  • Authentication: Email link, SMS code, or ID verification

Where to Submit Completed Waivers

Completed waivers should be routed to the association's records system and associated with the relevant event or membership record.

  • Event Registrar: Primary destination for day-of-event copies and verification.
  • Club Records: Archive signed waivers tied to member profiles.
  • Insurance File: Provide copies for claims or risk audits when required.
  • Emergency Access: Maintain limited-access emergency records for onsite staff.

eSignature Vendor Comparison for Association Waivers

A concise comparison of common eSignature vendors and core pricing or capability points relevant to club waiver collection.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes Limited
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No limit 100 envelopes/user/year Varies Varies Varies

Essential Data Fields to Collect

Participant Name: Full legal name required
Date of Birth: MM/DD/YYYY format
Contact Phone: Primary contact number
Emergency Contact: Name and phone
Medical Notes: Allergies or conditions
Signature: Signed and dated record

Key Dates and Deadlines to Observe

Track signing windows and retention triggers to ensure enforceability and timely response to incidents.

Signer Deadline:

Signed before participation begins or at check-in

Minor Consent:

Parent/guardian signature required before first activity

RON Window:

If using remote notarization, complete within provider session window

Retention Start:

Begin retention from signature date

Insurance Notice:

Provide signed copy to insurer within their requested timeframe

Common Mistakes to Avoid When Preparing Waivers

  • Using vague or overly broad language that courts may interpret against the drafter and reduce enforceability.
  • Failing to obtain signatures for minors from parents or guardians, which can render the waiver void for that participant.
  • Collecting unsigned digital records or storing images without a verifiable audit trail linking the signer to the action.
  • Neglecting to verify state-specific notarization or witness requirements for the type of release used.

Legal Risks and Consequences of a Flawed Waiver

Unenforceability: Waiver may be unenforceable in court
Insurance Denial: Claims can be reduced or denied
Minor Claims: Parental consent errors create exposure
Statutory Limits: Some jurisdictions limit enforceability
Data Breach: Improper storage risks privacy violations
Administrative Fines: Noncompliance with retention rules

Real-World Waiver Use Cases and Outcomes

Practical examples show how waivers operate in common club scenarios and how proper execution affects outcomes.

Club Ride Registration

A volunteer registrar collected signed waivers before a weekend ride

  • Waiver included emergency contact and allergy fields
  • Proper records reduced administrative friction and supported a swift response when a rider required medical attention, and the insurer requested documentation.

Sanctioned Race Event

Race organizers required digital waivers at online check-in

  • Bulk send and automated reminders minimized unsigned entries
  • Accurate signatures and retention enabled quick claims handling after a fall and provided evidence for incident review.

Practical Tips for Accurate and Efficient Waiver Management

Adopt a consistent process for presenting, signing, and storing waivers to protect participants and the association.

Use Plain Language
Draft waiver text that is understandable to a typical participant; avoid legalese that obscures key rights and obligations.
Authenticate Signers
Select an authentication level that balances friction and attribution: email or SMS for general events, stronger ID verification for high-risk activities.
Keep Audit Trails
Store timestamp, IP address, signer email, and change history to support attribution and defendability in disputes.
Maintain Version Control
Label and archive each waiver version used for events to ensure the correct form is applied to each incident or claim.

Key Processing Milestones for Waiver Handling

Track milestones from distribution through archival to maintain compliance and readiness for incident response.

01

Template Review

Confirm legal language and event-specific details before distribution.

02

Pre-Event Collection

Ensure signatures collected prior to participant entry or first activity.

03

Verification

Verify signature attribution and any required witness or notarization.

04

Archival

Store signed records in secure, access-controlled location.

Digital Signing and eSubmission Considerations

Verify platform security, compliance, and format support before collecting waivers electronically.

  • Security Standards: TLS 1.2/1.3 and AES-256 at rest
  • Integrations: Salesforce, Google Workspace, Box supported
  • File Support: PDF and DOCX acceptable

Frequently Asked Questions About the Waiver

Answers to common legal, procedural, and technical questions about preparing, signing, and storing association waivers.


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