DIRT TOWN ADVENTURES AGREEMENT TO ASSUME ALL RISKS
Please read this contract carefully. It is a legally binding agreement.
In consideration of being permitted to participate or volunteer in mountain biking camps, clinics, guided rides, programs, or skills lessons facilitated by Dirt Town Adventures, LLC, I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating or volunteering in a mountain biking camp, clinic, guided ride, program, or skills lesson with Dirt Town Adventures and any related transport by Dirt Town Adventures (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121 et. seq.) and that participating in the Activity involves certaininherent dangers and risks that cannot be eliminated or controlled by Dirt Town Adventures, the presence of which are integral to the adventurous nature of the Activity.I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with all of the Activity not listed below: errors in coach or guide judgment or lapse in coach or guide skill; unmaintained, rough, or otherwise hazardous trail or terrain features including jumps; slipping; tripping; falling; variations in terrain; exposure to steep terrain; trail and ledge side drop-offs; loose rock or other unstable terrain; unmarked obstacles; collisions with natural and man-made objects; collisions with other trail users or participants; getting lost; equipment failure or malfunction; all commonly understood risks of riding in a vehicle; risks associated with riding in a vehicle on rural highways or dirt roads, and lapse in driver judgment or skill; allergen exposure; exposure to poisonous plants; exposure to various dangerous wildlife (including bears and moose) or insects, including bee or wasp stings, tick bites, and snake bites; falling trees, rocks, or other objects; moving objects associated with extreme weather; changing weather, wind, hail, lightning, and other adverse weather conditions; poor or varying visibility; temperature fluctuations; high altitude; extreme or partial darkness; wildfire and associated smoke; burns or burning associated with hot surfaces and sun exposure; discharge of weapons in or near the area of Activity; exposure to vector-borne or airborne bacteria, virus, or pathogens (including but not limited to contraction of COVID-19); landslides; rock-fall; earthquakes; mudslides; all manner of outdoor injuries including head injury, spinal injury; broken bones, burns, internal injury, sickness or disease, hypothermia, frostbite, sunburn, heatstroke, dehydration, hypernatremia, and high altitude injury; fatigue chill, and/or dizziness that may diminish reaction time and increase the risk of accident; impairment of balance and/or physical coordination; mentally or physically unstable or criminal participants; negligence by other participants; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; equipment failure, malfunction, or failure to operate as intended; inadequate equipment; Participant’s failure to appropriately use protective gear or clothing; Participant’s failure to estimate and operate within Participant’s experience; Participant’s failure to understand and comply with instructions; other participants’ negligence or equipment failure; and mental, physical, or emotional injury or distress from exposure to the inherent risks listed herein. I understand that Dirt Town Adventures has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with Dirt Town Adventures the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that if I provide my own equipment, I am responsible for its maintenance and use. I understand that I am responsible for truthfully disclosing and notifying Dirt Town Adventures of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by Dirt Town Adventures, including in any website or promotional materials, to induce me to participate in the Activity.
4. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation.
5. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement, except for any provision contrary to law. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
6. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
7. Agreement to Application of Wyoming Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Wyoming law,and that the exclusive jurisdiction for any claim shall be in the District Court of Teton County, Wyoming, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
8. Miscellaneous Provisions: I agree that Dirt Town Adventures may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of Dirt Town Adventures. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors utilized by Dirt Town Adventures during or incidental to the Activity are solely responsible for injury that occurs to me arising from that subcontractor’s action or inaction, and that Dirt Town Adventures is not in a joint venture with any such vendor or subcontractor. I agree that this Agreement is effective for all Dirt Town Adventures Activities for a period of one year from the date of execution.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT. |
