I, the undersigned participant, understand, acknowledge, accept, adopt and agree to the following statements and terms as a condition of and in consideration for my participation in any services rendered or arranged by Cog Wild Bicycle Tours LLC (“Cog Wild”):
- Mountain biking is an inherently dangerous recreational activity. The risk of injury, death and property from the activities involved in a Cog Wild mountain biking trip is significant and while particular skills, equipment and good judgment may reduce this risk, the risk of serious injury and property damage does exist. I certify that I have the necessary skills and ability to participate in this activity, and do voluntarily participate in this mountain biking trip and the related activities with knowledge of the dangers and risks involved, both known and unknown. If, based solely on my own judgment, I determine that I do not possess the skills necessary to participate safely in any portion of a mountain bike tour, I will immediately notify Cog Wild personnel.
- Cog Wild does not own, manage or maintain the trails and related facilities where it conducts mountain biking trips. The condition of trails and related facilities can vary significantly from day-to-day without any advance notice to Cog Wild. I further understand that the trails and related facilities serviced by Cog Wild on its mountain bike tours are open to the public at no charge, and that I do not need to hire Cog Wild in order to access or use the trails and related facilities in the areas serviced by Cog Wild. Cog Wild is, therefore, not responsible for the condition of trails and related facilities that may be utilized on its tours, and is not liable for the risks posed by those conditions.
- Damage to or loss of property, personal injury or fatality may occur due to any number of reasons, including but not limited to: the collision of a bicycle with a vehicle, bridge, other bicycle, rock, log, tree or other object on the trail or road; from falling from a bicycle; from water-borne parasites, poisonous/dangerous plants or animals, bacteria or pollutants and/or exposure to temperature extremes, solar radiation or inclement weather; from a vehicle accident while riding in vehicles operated by Cog Wild, its agents, employee or associates.
- In the event of an accident or illness during a mountain bike tour, medical care, medical facilities, and the availability of health care providers may be absent or substantially delayed. Cog Wild does not carry satellite phones or radios. Cellular phone service is rarely available in the areas where Cog Wild operates and immediate communication with advanced medical personnel and/or government authorities is rarely possible.
- As a condition of and in consideration for my participation in mountain bike tours arranged or conducted by Cog Wild and related services, including but not limited to transportation and provision of meals, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION; AND, I accept and assume responsibility for myself for injury, death and loss of or damage to personal property and expenses thereof as a result of my participation in this activity except to the extent such damage or injury may be due to the gross or willful misconduct of Cog Wild. I hereby agree to assume all responsibility for myself and my property and hereby agree to release, hold harmless and indemnify Cog Wild and its officers, directors, stockholders, employees, representatives, sub-contractors and agents for all claims, demands, and rights or causes of action for injuries or damages to person or property of any description which may occur as a result of my participation on this Cog Wild trip.
- Cog Wild and/or its associates and employees act only as agents for the client in making arrangements for trips and/or travel services with common carriers or other outfitters and/or guide services and for vehicle shuttle services, and accepts and assumes no liability or responsibility whatsoever for any damages, injuries, fatalities, losses, or delays due to any cause whatsoever, whether to person or property in connection with such services and/or arrangements. Cog Wild shall not be held responsible for any act, omission, or event during the time participants are aboard airlines, trains, buses, vans, or other common carriers or private passenger cars which are not operated by Cog Wild and each trip member hereby agrees to release Cog Wild from any and all liability in connection therewith. Participants are strongly advised to have personal medical insurance, along with baggage and camera insurance. It is understood that if emergency rescue evacuation should become necessary, the expenses are the sole responsibility of the participant and not that of Cog Wild. Cog Wild reserves the right to accept or decline service to any person.
- I hereby agree to permit Cog Wild employees and other guests to take photographs and make video recordings of the trip without further recourse or compensation to me. I understand and agree that such photographs and/or video may be used for commercial and/or promotional purposes.
I HAVE READ THIS ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
DATED: December 2, 2020