By signing this document you will waive or give up certain legal rights for yourself and your minor child, including the right to sue. Please read carefully!
DEFINITIONS: For the purposes of this agreement, the following terms shall be defined as follows:
The term “ PARTICIPANT “ shall mean the minor child named above.
The term " RELEASEES " shall mean the Owners and Operators of Highland Mountain Bike Park, Inc., and Gravity Mountain, Inc., their directors, officers, employees, guides, independent contractors, successors, agents, representatives and assigns.
The term "RECREATION AREA" shall mean all areas constituting Highland Mountain Bike Park and Gravity Mountain, Inc. and all areas used by Highland Mountain Bike Park through its Camp Programs.
The term "CAMP PROGRAMS" shall mean all activities, programs, instruction, services, transportation, accommodations and use of facilities by Highland Mountain Bike Park's camp participants.
The term "MOUNTAIN BIKING" shall include all activities, services, transportation and use of facilities provided for or arranged by the Releasees including but not limited to: cycling; bike descents; mountain bike tours: training; use of trails and roads in the RECREATION AREA; races; competitions; instructional courses; CAMP PROGRAMS or any other activity related to the riding of bicycles and any other vehicles (whether propelled by the rider thereof, self-propelled, or otherwise) including but not limited to: orientation and instructional session, transportation, accommodation and recreational activities in addition to bicycling, loading, unloading and travel in or movement around the RECREATION AREA; and all other activities in the RECREATION AREA.
By signing this RELEASE OF LIABILITY, you attest that you are the parent or legal guardian of the PARTICIPANT. On behalf of yourself and the PARTICIPANT, you acknowledge and agree to the following:
ASSUMPTION OF RISKS
I acknowledge and accept that Mountain Biking involves risks, dangers and hazards in addition to those normally associated with bicycle riding and that injuries are a common and expected part of Mountain Biking. Mountain Biking at Highland Mountain Bike Park and Gravity Mountain takes place on steep and rugged terrain and will expose the rider/participant to many risks, dangers and hazards. The terrain may be uninspected, uncontrolled and unsafe due to any number of conditions, some of which may be constantly changing. The inherent risks, hazards and dangers include but are not limited to the following:
- collision with other riders, vehicles, bicycles, trees, tree stumps, rocks, debris or other objects;
- the use of chairlifts and proximity to chairlifts, towers, fences and other man-made structures;
- mechanical failure of equipment;
- rapid and uncontrolled acceleration on hill and inclines;
- changing weather conditions;
- unsafe terrain — including steep or slippery sections, cliffs, rocks, holes, or crevasses;
- variations in cycling terrain;
- encounters with domestic and non-domestic animals;
- falling or being thrown off the mountain bike;
- NEGLIGENCE of the part of the RELEASEES — including the failure to protect the participant from the risk, dangers and hazards of Mountain Biking or to predict whether the terrain is safe for Mountain Biking; and
- NEGLIGENCE of other riders
I agree that I shall never institute or cause to be instituted, any suit, charge, demand, claim, complaint, or cause of action, in law, in equity, or otherwise, in any court. or in any arbitration system or procedure, against the Releasees arising out of my voluntary participation in Mountain Biking.
I am aware of the risks, dangers, and hazards associated with Mountain Biking and I freely accept and fully and voluntarily assume all such risks, dangers, and hazards and the possibility of property damage and serious and/or permanent personal and bodily injury, including without limitation cuts, scratches, bruises, broken bones, sprains, full or partial paralysis, death, and any and all losses resulting therefrom. I further acknowledge and agree that Mountain Biking is a purely voluntary recreational activity and that it I am not willing to acknowledge the risks and agree not to sue, then I should not participate in Mountain Biking.
DATE: April 9, 2020
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY PARENT/LEGAL GUARDIAN In consideration of the PARTICIPANT’s participation in Mountain Biking at Highland Mountain Bike Park and Gravity Mountain and the PARTICIPANT'S use of the Recreation Areas, use of the equipment, services and facilities, as the parent or legal guardian of the PARTICIPANT and on behalf of myself and the PARTICIPANT, I hereby agree as follows:
- To waive any and all claims that the PARTICIPANT now has or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability EVEN THAT WHICH IS DUE TO THE NEGLIGENCE OF THE RELEASEES for any loss, damage, expense or injury including death, that the PARTICIPANT may suffer or that his/her next of kin may suffer as a result of participant's participation in activities, including but not limited to Mountain Biking, on the premises of Highland Mountain Bike Park and Gravity Mountain, or any Highland Mountain Bike Park Camp Programs, DUE TO ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF RELEASEES, NEGLIGENCE OF OTHER MOUNTAIN BIKERS, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES.
- To hold harmless and indemnify the RELEASEES from any and all liability for any property damage, personal injury or death to any third party including, but not limited to the PARTICIPANT resulting from PARTICIPANT'S participation in Mountain Biking or other activities within the Recreation Area.
- This agreement shall be effective and binding upon PARTICIPANT'S heirs, next of kin, executors, administrators, assigns and representatives in the event of the PARTICIPANT’S death or incapacity.
- 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 of the State of New Hampshire without regard to the conflicts of law principles thereof; and
- Any litigation involving the parties to this Agreement shall be brought solely within the State of New Hampshire and shall be within the exclusive jurisdiction of the Courts of the State of New Hampshire.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the RELEASEES with respect to the safety of Mountain Biking, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
The undersigned hereby acknowledges that he or she is the legal guardian of the PARTICIPANT whose name appears herein, that the undersigned has read the foregoing agreement, and that by signing this Agreement on behalf of the PARTICIPANT named below and himself or herself, the PARTICIPANT named below and the undersigned agree to be bound by all of the terms herein.
Signed this day of April 9, 2020.
I acknowledge and certify that I am the parent or legal guardian of the PARTICIPANT, have read this RELEASE OF LIABILITY, Waiver of Claims and Indemnity Agreement and fully understand its terms.
I have watched the Highland Mountain Bike Park awareness video and I have a clear understanding of the type of terrain my child or ward (the PARTICIPANT) is likely to encounter while riding at the park.