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Sedona Mountain Bike Academy Waiver
Cosmic Collective, LLC., DBA Sedona Mountain Bike Academy WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER RIGHTS
1. Definition. The person who is participating in the Activity shall be referred to hereinafter as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean COSMIC COLLECTIVE, LLC, DBA Sedona Mountain Bike Academy, an Arizona limited liability company, the United States, including, without limitation, the United States Department of Agriculture, United States Forest Service, United States Department of Interior, Bureau of Land Management, the specific states where the Activity (as defined below) occurs, including, without limitation, the State of Colorado, State of Arizona, State of Utah, or any of their perspective affiliated companies, entities, and subsidiaries, departments, and agencies, successors in interest, insurance carriers, insurance pools, agents, commercial, and corporate sponsors, employees, representatives, assignees, contractors, elected, officers, directors, members, managers and shareholders, each of them and the owners of land crossed for access Activity or on which Activity occurs. The “Activity” means taking part in cycling and related activities (e.g., driving, camping, hiking,).
2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the Activity include, but are not limited to: Travel to and from the activity; negligent instruction and/or advice; changing road/surface condition; terrain variations, ground conditions, snow conditions, terrain choice, subsurface conditions, failure of mechanical components; break failure; rollover; mechanical and equipment failure; loss of traction; spin; medical problems affecting participant or staff; vehicle maintenance; fire; changing weather conditions; debris in venue; negligence on the part of: personnel and/or management, rescue vehicles/equipment, and providers of emergency medical attention; limited access to and/or relay of rescue and medical attention; falling; avalanches; cornices; mudslides; cliffs; suffocation; caves; overlooks; equipment failure; equipment malfunction; equipment damage; Participant’s improper use of equipment; Participant’s use of his/her own personal equipment or the equipment of others; Participant’s failure to maintain or otherwise upkeep his/her own personal equipment; slick or uneven surfaces; slipping; tripping; surfaces covered with water, leaves, moss, lichen, mod, rocks, gravel, snow, ice; loss of balance; falling from vehicles; rugged mountainous terrain; bumps; downed timber; rocks of various sizes; holes; debris; remnants of mining; marked and unmarked obstacles; drainage channels; rivers; streams; washes; fences; barb wire; varying visibility; unmaintained terrain; unmaintained and unmarked roads and/or trails; trail, roadway, and path obstructions; campground conditions; animals; Participant or another acting in a negligent manner than may cause and/or contribute to the injury to Participant or others, terrain selection that may exceed Participant’s ability level; Participant’s failure to comply with signage; collisions with natural, man-made objects including, but not limited to motorized vehicles; collisions with other individuals; falling objects; encounters with equipment, motor vehicles, bicycles, motorcycles, and all-terrain vehicles; equipment, motor vehicle, and bicycle loading, unloading, riding, and transport; becoming lost, disoriented, or separated; lack of shelter; storms, thunder, smoke, thunder, lightning, hail, snow, and other adverse weather; limited access to and/or delay of rescue and medical attention; health condition; strenuous activity; fatigue; exhaustion; dehydration hypothermia; high elevation; altitude sickness; frostbite; and mental distress from exposure to any of the above; and the negligence of others;
THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
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3. Duties of Participant. The Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for understanding and complying with all signs and instructions.
4. Helmets. Sedona Mountain Bike Academy recommend the use of helmets while participant in the Activity. The undersigned understand and agree that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all the foreseeable impacts to the head, and that the Activity and other related activities can expose the user to forces that exceed the limited of protection provider by this helmet.
5. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:
a. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASE PARTIES with respect to any and all claims and cause of action of any nature whether currently known or unknown which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, include, both not limited to claims of negligence, breach of warranty, and/or breach or contract.
b. Indemnification. The Undersigned hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind or nature whatsoever and from any suits, claims, demands, including legal fees and expense whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the activity.
c. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury, and death are all possible while participating in the Activity.
RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
Initial here if understood
6. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understandings that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty or fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
7. Medical Care. Undersigned authorize Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.
8. Miscellaneous. The Undersigned further agree to understand: (a) Participant will not engaged in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the District Court of Coconino County, Arizona or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; and (e) the Undersigned hereby grants Released Parties the absolute and irrevocable worldwide right, license and permission, without any additional cost, the use of Participant’s name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during Participant’s participation in the Activity. The Undersigned hereby agrees that all right, title, interest, ownership, including copyright, in and to any tangible work in any Media containing Participant’s image so obtained shall be owned exclusively by Released Parties. Undersigned understands and agrees that all rights granted under copyright protection relative to the Media. Finally, the Undersigned releases Released Parties from any and all claims and demands arising out of or in connection with the use of such Media.
Initial here if understood
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
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