ASSUMPTION OF RISK; RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND IDEMNITY AGREEMENT
MUST BE COMPLETED TO RIDE
ASSUMPTION OF RISK
Lumberyard MTB, LLC operates an indoor mountain bike park (the "Park"). The undersigned participant and, where participant is under age 18, the undersigned parent or guardian of participant on behalf of the participant, for himself/herself and his/her respective heirs, next-of-kin, personal representatives, successors and assigns: (1) acknowledges that bike and/or scooter riding, including jumps, stunts, riding on skinnies, teeter totters, and various other structures and apparatus at the Park involves certain inherent risks, dangers, and hazards which can result in personal injury, death, property damage, and other losses;and (2) hereby freely agrees to assume and accept any and all such risks of personal injury, death, property damage and loss associated with the use of the Park, including risks arising from my conduct (either as a participant or spectator), the design of the features in the Park, the conduct of Lumberyard MTB, LLC and its directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns, and the conduct of other participants.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND IDEMNITY AGREEMENT
In consideration of the use of the Park, the undersigned participant and, where participant is under age 18, the undersigned parent or guardian of participant on behalf of the participant, herby agrees:
- To waive any and all claims that participant and any parent or guardian or heirs and assigns has or may in the future have against Lumberyard MTB, LLC and their directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, subcontractors, sponsors, advertisers, and, if applicable, owners and lessors of premises, successors and assigns (all of whom are hereinafter collectively referred to as "the Releasees") and to release the Releasees from any and all liability for any loss, damage, expense or injury including death that the participant and any parent or guardian or heirs and assigns may suffer, resulting from or arising out of any aspect of the participant's use of the Park, due to any cause whatsoever, including negligence;
- To hold harmless and indemnify the Releasees from any and all claims and liability arising out of or in connection with the participant's use of the Park, and for any damage to property of or personal injury to any third party, resulting from the participant's use of the Park;
CONSENT TO MEDICAL TREATMENT
The undersigned hereby authorizes Lumberyard MTB, LLC to obtain emergency medical attention and treatment on behalf of myself or my minor child in case of sickness, accident or injury and to secure such medical attention and treatment at my sole expense. The undersigned recognizes that it may be required to transport my minor child to the nearest medical treatment facility based upon his/her age even though the condition may not warrant it.
PERMISSION TO USE IMAGES AND OTHER MEDIA
The undersigned also grants Lumberyard MTB, LLC and any third party authorized by Lumberyard MTB, LLC the right to film, videotape, photograph, record, and/or make any reproductions of my or my minor child's likeness and voice that are captured within the open and public areas of the Park. The undersigned further grants Lumberyard MTB, LLC the right to use, display, and digitally enhance or alter in any manner, such likeness in any media including but not limited to television, cable, radio or internet, in any motion picture film, videotape, DVD, CD or any published article without giving compensation, attribution, or notice to the participant.
CHOICE OF LAW AND VENUE
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws in the state of Oregon and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within Multnomah County, Oregon and shall be within the exclusive jurisdiction of the Courts of Multnomah County.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINSTRATORS AND REPRESENTITIVES MAY HAVE AGAINST THE RELEASEES.