FREERIDE 512 - RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
PLEASE READ CAREFULLY BEFORE SIGNING. This Release of Liability and Waiver of Legal Rights (“Release and Waiver”) must be signed by and for anyone wishing to ride bicycles on the mountain bike trails located at 578 FM153, Smithville, Bastrop County, Texas or the mountain bike trails located at 4705 Cat Mountain Dr., Austin, Texas, 78731 or Christ Church Cedar Park, located at 201 Church Park Road, Cedar Park, TX 78613.
“Participant” refers to the person taking part in some or all of the FREERIDE 512 club activities including, but not limited to, mountain bike riding, clinics, trail building and maintenance, social activities, trips, and competitions (collectively referred to herein as the “Activities”).
Any Participant riding without this form on file will be considered trespassing and will be charged with theft of services. The Participant identified below, who is at least 18 years old (the “Adult”) has read this Release and Waiver and has signed it, or if Participant is younger than 18 (“Minor”), the Minor’s parent or legal guardian (the “Adult”), has read this Release and Waiver and signed it on behalf of him/herself and the Minor. The Adult, or the Minor Participant and the Minor’s parent or legal guardian collectively, will be referred to herein as the “Undersigned.” The Undersigned understand and agree that Participant will not be permitted to take part in any Activities unless this Release and Waiver is signed by the Undersigned. THE UNDERSIGNED UNDERSTAND AND AGREE THAT THE TERMS OF THIS RELEASE AND WAIVER WILL APPLY FOR EACH TIME PARTICPANT ENGAGES IN ANY ACTIVITIES WITHOUT REQUIRING THE UNDERSIGNED TO REPEATEDLY SIGN THIS RELEASE AND WAIVER.
This Release and Waiver will remain on file with FREESIDE 512 for a period of one year from the date of its execution, or until the Undersigned revoke it in writing and that revocation is accepted in writing by an authorized representative of Freeride 512.
THE UNDERSIGNED ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS RELEASE AND WAIVER, THE UNDERSIGNED IS ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS THE UNDERSIGNED IS OTHERWISE ENTITLED TO UNDER TEXAS LAW. The Undersigned know, understand and agree that the Activities in which Participant will be engaged involves risks, known or unknown, inherent or otherwise. The Undersigned and Participant agree to knowingly assume all risks, whether foreseen or not, by voluntarily participating in the Activities.
The Undersigned understand and agree that:
- MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking is different than road biking and may be more dangerous than road biking because it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. Participant must have the physical dexterity and knowledge to safely ride mountain bikes on the terrain and features they choose during the Activities. Because the Activities involve strenuous physical activity that may be hazardous to some people due to their physical condition, the Activities involve inherent dangers and risks that may or could lead to serious injury and death. - Dangers and risks include, without limitation, personal injury or harm and/or loss or damage to your mountain bike partially or totally due to becoming lost or disoriented while mountain biking or being on the trails, rapidly changing weather conditions, exposure to sun, rain, snow, hail and lightening, hypothermia, hyperthermia, dangers caused by other persons engaged in similar Activities, the possible occurrence of landslides and flooding, skin irritations and illness due to plants, wildlife encounters, falling trees and limbs, and reduced oxygen in the air at high, steep slopes, rocks of various sizes, trees, roots, tree stumps, cliffs, rock drops, holes and potholes, depressions, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, jumps and drops, wallrides, elevated stunts uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, loose gravel and dirt, wet surfaces, downed timber, debris, collisions, other riders, hikers, and pedestrians, heavy equipment, and vehicles, and other factors.
- HELMETS ARE REQUIRED to by worn by Participant at all times during Activities. The Undersigned understand and agree that although Participant may be wearing a helmet, a helmet cannot guarantee Participant’s safety as no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck, spinal cord, or other parts of the body. - The Undersigned are assuming all risks regarding the judgment, decision-making and conduct of FREERIDE 512’s staff, team members, officers, and directors involved with the Participant and the Activities including, but not limited to, the risks involved with mountain biking, teaching skills clinics, rescue operations and/or medical care conducted or provided by FREERIDE 512 staff, team members, officers and directors and on occasion the staff, team members, officers, and/or directors instructing/coaching/guiding may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, trail conditions, route selection, location, or some aspect of Participant’s mental, emotional, or physical condition that may make a certain portion of the Activities appropriate or inappropriate for the Participant. - Adult also understands and agrees that Minor may be riding mountain bikes without being accompanied by an Adult and hereby grants permission for the Minor to do so. Adult agrees that he/she will instruct and direct Minor Participant to abide by all rules, regulations, verbal or written precautions, and the terms of this Release and Waiver of FREERIDE 512. RECOGNIZING ALL RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITIES AND, IF APPLICABLE, VOLUNTARILY CHOOSES TO ALLOW MINOR TO PARTICIPATE IN THE ACTIVITIES AND REPRESENTS THAT BOTH THE ADULT AND MINOR PARTICIPANTS HAVE THE SKILLS AND DEXTERITY TO SAFELY PARTICIPATE IN THE ACTIVITIES, WHETHER PARTICIPATING SIMULTANEOUSLY OR INDEPDENDENTLY OF EACH OTHER, AND WILL AT ALL TIMES RIDE WITHIN THEIR ABILITIES OR PARTICIPATE IN OTHER PARTS OF THE ACTIVITIES IN A PRUDENT AND RESPONSIBLE MANNER, AT BOTH THE ADULT AND MINOR PARTICIPANTS’ OWN RISK.
- The Undersigned fully consents, without restriction or reservation, to FREERIDE 512 or it’s staff or team members or other agents taking photographs, video recordings, or audio recordings of Participant (including Minors) during Activities, and use such photographs, video recordings, or audio recordings for any purpose in promoting FREERIDE 512’s organization or Activities, now or in the future, without claim to any intellectual property rights, compensation, or ownership rights of any kind. By signing this Release and Waiver Undersigned acknowledge all risks associated with the Activities and, as a condition to Participant engaging in the Activities, Undersigned agree to:
(1) ASSUME ANY AND ALL RISKS OF PERSONAL INJURY, ILLNESS AND/OR DEATH, AND/OR HARM, LOSS OR DAMAGE TO PROPERTY, INCLUDING THE MOUNTAIN BIKE, HELMET AND PERSONAL BELONGINGS of Participant engaging in the Activities;
(2) WAIVE AND RELEASE ANY CLAIMS OR ACTIONS against FREERIDE 512, its officers, directors, staff or team members, or any of its agents, the land owners (including HILIL, Inc., Rocky Hill Ranch, Pam J. Hill, and Grey L. Hill) of the mountain bike trails located at 578 FM153, Smithville, Bastrop County, Texas and land owner (CMR PRESERVE, LLC.) of the mountain bike trails located at 4705 Cat Mountain Dr., Austin, Travis County, Texas, Chris Church of Cedar Park, 201 Church Park Rd, Cedar Park, TX 78613, Williamson County, Texas, and each of their insurance carriers, agents, as well as any of FREERIDE 512’s or its Activities sponsors (hereinafter the “Indemnified Parties”) that are based on, arise or result from, in whole or in part, participation in any Activities;
(3) INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES from any and all claims, demands, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activities and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending investigation, claim or suit brought by or on behalf of Undersigned. (4) CONSENTS TO THE STATE OF TEXAS AS THE GOVERNING LAW, related to any and all claims, demands, causes of action, losses or liabilities whatsoever arising from or related to any Activities, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in AUSTIN, TEXAS. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. (5) CONSENTS THAT THIS RELEASE AND WAIVER BE BINDING TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of this Release and Waiver is found to be unenforceable, the remaining terms shall be enforceable.
(6) AGREES THAT THIS RELEASE AND WAIVER SHALL BE BINDING UPON THE UNDERSIGNED/ADULT/MINOR/PARTICIPANT and shall be binding upon Undersigned’s assignees, subrogees, heirs, next of kin, executors, and personal representatives as well.
The Undersigned has had the opportunity to ask questions about this Release and Waiver and to have it reviewed by an attorney at their own expense if desired. By signing below, the Undersigned attests that the Undersigned understands, agrees and consents to all terms of this Release and Waiver.
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