Mountain Bike Usage Release of Liability
This Mountain Bike Usage Release of Liability ("Release") is entered into on this [Date] by and between [Your Name], located at [Your Company Address] ("Owner"), and the undersigned participant ("Participant").
I. Acknowledgment of Risks
The participant acknowledges that mountain biking involves inherent risks, including but not limited to the risk of serious injury or death. These risks include, but are not limited to, collisions with other riders, objects, or wildlife; loss of control; falls; equipment failure; varying trail conditions; and the potential negligence of other participants or trail users.
II. Assumption of Risk
The participant understands and agrees that they are voluntarily participating in mountain biking activities and using the Owner's facilities and trails with knowledge of the dangers involved. Participant assumes all risks associated with mountain biking, including those mentioned above, and releases Owner from any liability for injuries, damages, or losses sustained during such activities.
III. Release of Liability
In consideration of being permitted to use the Owner's facilities and trails, the Participant hereby releases, waives, discharges, and covenants not to sue the Owner, its officers, directors, employees, agents, volunteers, or representatives from any liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant while using Owner's facilities or trails.
IV. Indemnification
Participant agrees to indemnify and hold harmless Owner, its officers, directors, employees, agents, volunteers, or representatives from any claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, arising out of or related to Participant's use of Owner's facilities or trails.
V. Medical Treatment
Participant hereby authorizes Owner to provide, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services for Participant, in the event of injury or illness during Participant's participation in mountain biking activities.
VI. Equipment Responsibility
The participant recognizes and accepts that it is their sole responsibility to inspect and maintain their equipment. This includes but is not limited to, items such as bicycles, helmets, and protective gear. Essentially, the participant ensures that the required equipment is not only in a safe state but also in the correct and appropriate working condition before it is put to use.
VII. Photographic Release
The participant, by agreeing to this, is giving the owner the full right to take photographs or record the participant while they are using the facilities or trails owned by the owner. In addition, the owner has the freedom to use these photographs or recordings to promote or market their services or facilities. This agreement specifies that no compensation will be given to the participant for the photographs or recordings that are taken and used for promotional or marketing activities.
VIII. Severability
Suppose any provision, clause, or portion of this Release is deemed, found, or determined to be unenforceable or invalid by any court of competent jurisdiction. In that case, this should not in any way affect or undermine the validity or enforceability of the remaining provisions, clauses, or portions of this agreement. The remaining provisions will continue to be fully enforceable, valid, and effective, maintaining their full force and effect.
IX. Governing Law
This Release, in all respects, will be governed by and interpreted according to the laws of the designated state or country. This provision will remain in force without any consideration given to potential conflicts of the designated state or country with the principles of law.
X. Acknowledgment of Understanding
The individual participating acknowledges and affirms that they have very carefully read through, and fully comprehended, all of the terms as well as the conditions that have been laid out in this Release document. It is important to note that such an individual is not being coerced or persuaded into agreeing. Rather, the agreement made to the terms encapsulated within this document occurs voluntarily, illustrating a clear understanding of its provisions.
XI. Signature
Upon inscribing their signature below, the individual who participates acknowledges and confirms that they have thoroughly read the Release of Liability. It's their testament to the fact that they have willingly chosen to sign this Release of Liability, fully aware of all the potential implications and conditions outlined within.
[Participant's Name]
[Date Signed]
[Your Name]
[Date Signed]
Witness’s Signature (if applicable):
[Witness’s Name]
[Date Signed]
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