Today's Date: June 1, 2025 READ THIS RELEASE CAREFULLY BEFORE SIGNING: IT HAS LEGAL CONSEQUENCES AFFECTING YOUR RIGHTS, INCLUDING YOUR ABILITY TO BRING LEGAL ACTIONS. IF PARTICIPANT IS UNDER 18, A PARENT OR LEGAL GUARDIAN OF PARTICIPANT MUST ALSO READ AND SIGN THIS RELEASE. GRIT CLINICS ("Operator") is offering coaching, private and group lessons, and multiday clinics under the name GRIT CLINICS focusing on recreational mountain biking (singularly an "Event" and collectively the "Events"). Participant desires to participate in the Events and therefore, in consideration of Operator allowing Participant to participate in the Events, agrees to the following: 1. RISKS. PARTICIPANT VOLUNTARILY AGREES TO ACCEPT ALL RISKS OF THE ACTIVITIES (DEFINED BELOW) AND TO BE RESPONSIBLE FOR HER/HIS OWN HEALTH, WELLBEING, AND SAFETY. IN PARTICULAR, BIKING INVOLVES A HIGH LEVEL OF RISK AND SERIOUS INJURIES ARE A COMMON AND ORDINARY OCCURRENCE. PARTICIPANT'S ACCEPTANCE OF RISKS INCLUDES THOSE THAT ARE KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND THAT ARISE OUT OF, RELATE TO, OR ARE CONNECTED WITH THE ACTIVITIES, EVEN IF CAUSED PARTLY OR ENTIRELY BY THE NEGLIGENCE OF A RELEASED PARTY OR PARTIES (DEFINED BELOW). Participant understands and accepts that there are a variety of inherent dangers and risks related to the Activities that, due to the nature of the Activities, cannot be entirely controlled or eliminated; that the Activities will test his/her physical and mental limits; and that by engaging in the Activities, he/she could sustain damage to his/her property or the property of others and serious injuries resulting in disability, paralysis, or death. Risks and dangers of the Activities include but are not limited to those caused by or resulting from falling off or crashing a bike and variable conditions such as terrain, vegetation, rocks, roots, and other obstacles, facilities, weather, wildlife, poisonous plants, physical and mental condition of participants, vehicle traffic, actions of and collisions with other people, and lack of adequate hydration or nutrition. Risks also include
a. negligent planning, instruction, and supervision;
b. defective, broken, or improperly maintained equipment, grounds, facilities, or property (ALL OF WHICH ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR THE ACTIVITIES); and
c. the negligent actions or omissions of other participants, Released Parties, passersby, or spectators.
2. RELEASE, WAIVER, AND INDEMNIFICATION. BY SIGNING THIS RELEASE, PARTICIPANT (FOR HIMSELF/HERSELF AND FOR EACH RELEASING PARTY (DEFINED BELOW)) FULLY AND FINALLY RELEASES, EXONERATES, WAIVES, AND DISCHARGES RELEASED PARTIES (AND EACH OF THEM) FROM ANY CLAIM (DEFINED BELOW) ARISING FROM THE NEGLIGENCE OR FAULT OF RELEASED PARTIES FOR ANY BODILY INJURY, DEATH, DISABILITY, PARALYSIS, PROPERTY DAMAGE OR THEFT, OR OTHER LOSS OF ANY KIND CAUSED BY OR ARISING FROM THE ACTIVITIES. PARTICIPANT FURTHER AGREES TO INDEMNIFY, DEFEND, AND HOLD RELEASED PARTIES HARMLESS FROM ANY CLAIM ASSERTED BY ANY THIRD PARTY AND ANY RELEASING PARTY ARISING FROM THE ACTIVITIES.
3. INSPECTION AND REPORTING REQUIREMENT. Participant will inspect the grounds, facilities, property, and equipment that he/she will use for the Activities and, if he/she believes any condition is unsafe at any time, he/she will immediately avoid that condition, advise Operator of that condition, and refuse to participate. 4. FITNESS REQUIREMENT. The Activities include rigorous recreational activities. Participant is in good health and physically and mentally able to participate in the Activities; has sufficiently prepared and trained for participation in the Activities; has not been advised by any medical professional not to participate in the Activities; and has no health related conditions precluding his/her participation in the Activities.
5. SAFETY REQUIREMENT. Participant will comply with all Event rules and recommended safety precautions, instructions, and procedures, including without limitation wearing a helmet. If Participant has any questions about the Activities or whether he/she is physically or mentally capable of participating, it is Participant's sole responsibility to do whatever research or inquiry is necessary to make that determination.
6. ALLERGIES. Participant has alerted Operator of any allergies that he/she has, including food allergies. Participant is solely responsible for providing any medicine necessary to deal with an allergic reaction.
7. MEDICAL ASSISTANCE AND INSURANCE REQUIREMENT. While participating in the Activities, immediate rescue, and access to medical facilities or expertise necessary to deal with injuries and damage, may not be available. In the event of an injury, Participant consents to Released Parties rendering medical treatment and authorizing transportation, hospitalization, and medical treatment on Participant's behalf. Participant acknowledges that any injuries he/she receives may be compounded or increased by negligent rescue efforts by Released Parties. Participant has current medical insurance coverage and agrees to be responsible for all billings and debts incurred with respect to any medical related transportation, treatment, hospitalization, or other services.
8. CONCUSSIONS I have read and understand the materials regarding concussions posted at gritclinics.com/safety.html.
9. LODGING AND ACCOMMODATIONS. Participant is solely responsible for - and ASSUMES ALL RISKS associated with - all lodging and accommodations associated with participating in the Events.
10. PUBLICITY RIGHTS. Released Parties may photograph or videotape Participant during the Events. Participant grants Released Parties a perpetual, nonexclusive, and royalty free license to use his/her image and likeness (in photo, video, or other format) to promote any Released Party, their products or services, and any other biking related events.
11. DEFINITIONS.
"Activities" means all Event activities, including among other things mountain biking, road biking, bicycle skills training involving obstacles and hazards, lifting and carrying a bike over uneven ground, the use of demo equipment (including bikes, body armor, pedals, and helmets), hiking, stretching, yoga, and other exercise activities, and transportation to and from Activities.
"Claim" includes any claim, cause of action, demand, suit, loss, obligation, cost, expense, damage, or liability whatsoever (including without limitation attorney and expert fees).
"Released Parties" include (a) Operator and its respective members, managers, directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; (b) Event sponsors, organizers, advertisers, and promoters; (c) owners, lessors, and lessees of property where any Activities take place; and (d) any parent, subsidiary, or affiliate companies, licensees, members, managers, directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers of any of the foregoing.
"Releasing Parties" include Participant and Participant's spouse, partner, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Participant's behalf.
12. CHOICE OF LAW. This release and Participant's participation in the Events and Activities are governed by and to be construed in accordance with the law of the state where the Event occurs, without regard to conflict of laws principles. Any dispute relating to the foregoing will be settled exclusively and finally by confidential and binding arbitration conducted in Bend, Oregon, before a single arbitrator using the rules of the Arbitration Service of Portland, Inc.
13. INTERPRETATION. This release will be construed broadly to provide release, waiver, and indemnification to the maximum extent permissible under applicable law. If any provision is found to be void, invalid, or otherwise unenforceable as drafted, Released Parties and Releasing Parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
14. DURATION. This release is effective for all Events organized by the Operator in which the Participant participates and will not expire at any time until the release is modified by agreement of Participant and Operator as provided above.
15. ENTIRE AGREEMENT. This release is the complete understanding between Released Parties and Releasing Parties concerning its subject matter and supersedes any previous or contemporaneous understandings Releasing Parties may have had with Released Parties on this subject.
16. VALIDITY. If any part of this release is determined to be unenforceable for any reason or under any circumstance, it is intended that all other terms will be enforced in all other circumstances. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Grit Clinics cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the lessons operated by Grit Clinics could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or my child(ren) may be exposed to or infected by COVID-19 by attending the lessons operated by Grit Clinics and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Grit Clinics may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Grit Clinics employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with attendance or participation in Grit Clinics lessons (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Grit Clinics, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Grit Clinics, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Grit Clinics lessons. I CERTIFY THAT I HAVE READ THIS RELEASE AND I FULLY UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THAT I HAVE OTHER ALTERNATIVES TO THE EVENTS ORGANIZED BY THE OPERATOR AND COULD ELECT TO PARTICIPATE IN OTHER EVENTS ORGANIZED BY OTHER OPERATORS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS--BOTH INDIVIDUALLY AND ON BEHALF OF RELEASING PARTIES--BY SIGNING IT, AND I SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND THIS RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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