Fill and Sign the Waiver Ottawa Mountain Bike Association Form

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 APark, ) or if you are signing this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (hereafter called ARelease 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 Athe 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 Amountain 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 AReleasees  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 _____________, 20____. _______________________________ __________________________ 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.