IMPORTANT: THIS Is a LEGAL DOCUMENT – AN ASSUMPTION OF RISK FORM
Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights for you, your family and your heirs, by signing this contract.
The Lumber Yard MTB, LLC dba The Lumberyard Bike Park, its employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors and subrogors (hereinafter Lumber Yard) hope that you have a rewarding experience. We wish to inform our guests and renters that renting and riding bikes/scooters and riding in a bike park, (hereinafter Riding) are not risk free. The same elements that contribute to the unique character and fun of Riding and a bike park, such as the physical exertion or the features, can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect and to be informed of the possible risks. We ask that you read this and sign it. If you are the parent of a minor wishing to use the facilities you agree to explain this agreement and the risks to your minor child.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as Riding. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of the Lumber Yard. You must understand and accept all the risks of the activity, inherent and others.
There are many risks to be experienced while riding in a bike park. There are more risks when using an indoor park, track or course. Equipment may break or malfunction, causing loss of property or injury. Dirt, water or other natural or foreign objects can affect the handling and working characteristics of the bike, leading to brake failures or other problems. The terrain, man-made and natural, you will be riding will make controlling the bike or scooter unpredictable. Man-made features, rocks, roots, stumps, trail work, trail steps, jumps, rollers, quarter pipes, breaks in the surface or other debris and objects can affect your ability to ride, break and control the bike. The riding surface may make braking difficult or impossible. Surface defects, loose debris and cracks in concrete, lumber or course or pathways will affect your handling of the bike or scooter and may cause damage to your equipment.
Riding a bike requires physical exertion and effort. You (or your child) might ride over rocks, stumps or other debris while riding along trails, sidewalks, walkways or even roads. The paths or trails you will be riding are dangerous. There may not be any room for error if you ride on the trail or course. Trails may be narrow, “single track” which makes passing difficult and maintaining your position on the trail difficult.
Falling off the bike/scooter will be hazardous. You may fall just to the ground or over an embankment or edge, onto concrete, other features, people or bikes, rocks or other debris or into obstacles alongside or on the trail into or off a feature. The faster you are riding the greater the impact and injuries you will receive if you fall in some cases. You also may be subject to another rider falling or hitting you as you ride, which could lead to a collision or falling off your bike. Accidents can occur getting on or off your bike. You might injure yourself by falling against some object in or around the bike.
Landing on an airbag, in a foam pit or resi-pad is not a guarantee that you will not be injured. Airbags, pits and other features are designed to lessen your injuries, but nothing can prevent all injuries.
As a rider, you will be totally responsible for your own movement and safety while riding. This requires physical exertion as well as emotional and mental stability. You will be primarily responsible for your own rescues. Company will not be available as a backup rescue due to the inherent nature of the sport.
When renting or using a bicycle/scooter that is different from your own you need to be aware of the changes and differences in equipment. You will be demonstrating or using a bike and equipment that you are probably unfamiliar with and may not fully understand. You agree to ask adequate questions concerning the use of such equipment and the operation of the bike and equipment. You understand that using such equipment in these conditions creates a higher risk of equipment failure. You agree not to hold the Lumber Yard liable for any failure of the equipment to work in these conditions. You also understand and agree not to sue Lumber Yard for any equipment failure, breakage or malfunction of the equipment.
Because you are unfamiliar with the use and operation of this equipment, you have a greater chance of injury due to loss of control or rider error. The inability to avoid obstacles, control your speed or change course increases significantly your chances of injury. Remember to ride in control at all times and follow all warnings and posted notices as well as Oregon law. Until you are familiar with the use of any rental (or borrowed) equipment, ride in control and do not do any activity with which you are not familiar.
You will be coming in contact with equipment, posts, stands, furniture, features, tracks, bikes, equipment, scooters and other items that have been touched or used by other guests, as well as coming in contact with other guests. Maintain proper social distancing and use appropriate gloves, masks and other personal protection equipment to protect you and other guests. Always wipe down any equipment you have used and disinfect if necessary. You assume the risk of becoming a carrier or becoming sick from any illness, virus, bacterial infection or other disease while at any meet, practice, competition, event or other meeting.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while engaging in any of the riding described above, or that you may encounter. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity. If you have been drinking, are high or under the influence, do not ride.
I have watched the Lumber Yard welcome video, and I have watched all the videos posted on the Lumber Yard website. I have gone through the checklist and requirements posted on the website for First-Time Visitors. I have reviewed my Bike/scooter to make sure it meets the Lumber Yard requirements, and I have the necessary equipment. I have read the information, warning information and all other information posted on the Lumber Yard website. I have reviewed the signs; posters and information posted on the walls and other locations at the Lumber Yard. I understand I must wear a helmet (preferably a full-face helmet), and I should wear other pads or protective clothing.
You certify that you have reviewed this document with your family including minor children. You certify that you have examined the Lumber Yard website and looked at the information, risks and videos posted on the Lumber Yard website. You certify that your family, including minor children and yourself are fully capable of participating in a Bike Park training or program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Lumber yard. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Lumber Yard reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the Bike Park. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent, you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff.
You understand there is a high degree of risk in using the facilities of the Lumber Yard and/or other locations, and you may get hurt when participating in these activities.
CONTRACT, WAIVER, ASSUMPTION OF THE RISK, AND INDEMNIFICATION
For the opportunity of riding at the Lumber Yard as consideration, you agree to waive any legal right to any claim and agree to indemnify and hold harmless Lumber Yard, its agents and employees, as set forth above, from all claims, damages, losses, injuries, and expenses arising out of or resulting from your child’s, your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. You agree that Lumber Yard has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Lumber Yard, its agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, against Lumber Yard arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Lumber Yard or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This agreement shall not be superseded by any other agreement, nor shall this agreement supersede any contract, whether there is any perceived inconsistency or not. If this Assumption of the Risk is declared void for any reason, you agree that it can be used to prove you assumed the risks of the activity that caused your injury(s). Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect.
You agree to indemnify, agree to subrogation and to reimburse Lumber Yard for any damages, costs, fees or expenses Lumber Yard expends on you or your family's behalf, including the cost of any Search and Rescue or for any damages you may do to third parties. You understand this means you are the insurer for the Lumber Yard for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Multnomah County Oregon and governed by Oregon law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Multnomah County Oregon applying Oregon Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses and third-party claims brought by either party to this agreement.
The terms of this agreement shall continue and be, in effect, after the Riding activity has ended. No changes in this document are valid.
As liquidated damages, you hereby agree that if Lumber Yard is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Lumber Yard’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Lumber Yard for any claim you may bring or for any injury you receive. If you do, you will pay the Lumber Yard’s damages and costs, including attorney fees. This Assumption of the Risk agreement is intended to be interpreted as broadly as possible to affect the intent and purpose of the Assumption of the Risk. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
If you do not want to sign this Assumption of the Risk, you understand you cannot ride, and you are free to ride elsewhere or go to other Bike Parks or places to ride.
All members and guests are responsible for securing their own health insurance. The Facility does not provide medical coverage for injuries sustained on the premises or while participating in Facility-sponsored activities and events, whether on the premises or not. You have adequate health, disability, and life insurance for your family and yourself including your minor children.
You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family. You hereby authorize the release of any medical information, including information concerning your HIV or “Aids” status, in the possession of Lumber Yard to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. You hereby waive any action or claim against Lumber Yard or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information, including your HIV or “Aids” status.
You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically. You understand and agree under State and Federal law; there is no difference between signing this electronically or in writing.
You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights for yourself, your family including minor children and your heirs.
By signing this you understand you, your family and your heirs cannot sue for any reason. If you or anyone else sues because of your injury you, and they cannot collect any money. If anyone sues and loses you will owe us money.