EVERGREEN MOUNTAIN BIKE ALLIANCE 

PARTICIPATION AGREEMENT & WAIVER

PLEASE READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

The participant named below (hereinafter referred to as "Participant") desires to participate in mountain biking and related activities provided by, through, or in conjunction with Evergreen Mountain Bike Alliance, a Washington nonprofit corporation ("Evergreen," "we," or "our"), which may include in-person and virtual activities such as guided or self-directed group and individual mountain bike rides, races, contests, demonstrations, seminars, instructional skill sessions, trail building and maintenance, work parties, camps, trainings, workshops, social activities, and community and team-building exercises (the "Activities").

If Participant is a minor, the undersigned parent/guardian of Participant ("Parent," and together with Participant, "you" or "your") hereby grants Participant permission to participate in the Activities and agrees to the terms of this Agreement on behalf of the minor Participant.

In consideration of the education and services Evergreen provides to Participant, Participant (and Parent, if applicable) agrees to all of the terms and conditions set forth in this agreement (this "Agreement").

RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY

PARTICIPANT (AND PARENT, IF APPLICABLE) IS/ARE AWARE AND UNDERSTANDS THAT PARTICIPATION IN THE ACTIVITIES MAY BE DANGEROUS AND INVOLVE THE RISK OF SERIOUS ILLNESS, INJURY AND/OR DEATH, AND/OR PROPERTY DAMAGE, AND VOLUNTARILY ASSUMES THE RISKS, KNOWN AND UNKNOWN, RELATED TO THE ACTIVITIES, INCLUDING ACTS, OMISSIONS, INSTRUCTIONS, RECOMMENDATIONS MADE BY EVERGREEN OR ITS EMPLOYEES OR AGENTS, AND:

USE OF DANGEROUS TOOLS: Certain Activities may involve the use of dangerous tools, including trail-building equipment such as shovels, picks, rakes, saws, or other hand or power tools. Participant agrees that such tools may pose significant risks (e.g., sharp edges, pinch points, and heavy weights). Participant agrees to operate any tools provided by Evergreen responsibly and will follow all instructions regarding their proper use.

• USE OF PROVIDED EQUIPMENT AT YOUR OWN RISK: Participant understands that Evergreen may provide or facilitate access to equipment such as helmets, protective gear, mountain bikes, tools and other equipment. These items are provided "AS IS" without warranties of any kind. Participant assumes full responsibility for inspecting the equipment prior to use and for any injuries or accidents arising from use. Participant agrees that Evergreen is not responsible for equipment failure, defects, or improper usage. Participant agrees to return all equipment provided by Evergreen in the same condition as when it was received. Participant further acknowledges and accepts full responsibility for any loss, damage, or deterioration of the equipment that occurs while the equipment is in their possession.
  
• ADHERENCE TO SAFETY INSTRUCTIONS: Participant agrees to follow all safety instructions provided by Evergreen or its staff, including the mandatory use of safety gear such as helmets and protective equipment. Participant acknowledges that refusal or failure to adhere to such instructions or wear required safety gear may increase the risk of injury or harm, and waives any claims related to such failure or refusal.
  
• STRONG PHYSICAL ACTIVITIES: Participant acknowledges that certain Activities may be physically strenuous, including mountain biking, trail digging, hiking, racing, and other fitness exercises. Participant (and Parent, if applicable) represents and warrants that Participant possesses the necessary skills, experience, and physical conditioning to participate in the Activities. Participant agrees not to engage in any Activity if they are unprepared or unable to participate safely due to personal skill level, medical concerns, or lack of appropriate equipment. Participant voluntarily assumes all inherent risks associated with these demanding physical activities, including risks of injury such as dehydration, fatigue, muscle strain, or other physical harm.

Participant (and Parent, if applicable) acknowledges that certain risks of injury or harm may arise due to factors outside Evergreen's control, including natural disasters; severe or changing weather conditions; wildlife; collisions, impacts, or accidents involving natural or manmade objects such as rocks, trees, stumps, branches, or debris on or near the trail, or other riders, pedestrians, vehicles, fences, posts, wildlife, or natural and artificial features; changes or variations in trail or terrain conditions; the presence of streams, creeks, holes, or uneven surfaces; and contact with poison oak, ivy, stinging insects, or other environmental irritants. Participant expressly assumes all such risks and agrees Evergreen shall not be liable for any injuries, damages, or losses arising from such unforeseen events.

Participant (and Parent, if applicable) acknowledges that certain Activities may involve services, equipment, or resources provided by third parties (such as equipment, race organizers, volunteers or contractors). Participant voluntarily assumes the risks associated with third-party contributions and agrees that Evergreen cannot be held liable for injuries, illnesses, or damages caused by acts or omissions of third-party providers.

With respect to virtual Activities and self-directed physical Activities, Participant (and Parent, if applicable) understands that Evergreen employees and agents are not physically present during such Activities and may not be able to monitor Participant’s involvement, respond to emergencies, or obtain medical treatment for Participant. Participant voluntarily assumes the risks associated with such Activities, and Evergreen recommends that Participant obtain a physical examination from a doctor prior to engaging in any physical activity. Upon request, Participant (or Parent, if applicable) will provide accurate emergency contact information and the correct physical address of Participant so Evergreen can direct emergency responders to Participant as and to the extent needed during virtual Activities.

To the extent that Evergreen or its agents become aware of an illness and/or injury requiring emergent treatment, Participant (or Parent, if the Participant is a minor) authorizes Evergreen staff members and other agents to obtain necessary medical treatment for Participant.

Participant (and Parent, if applicable) acknowledges and understands that emergency response may be delayed or impaired due to factors such as terrain, weather conditions, remoteness of the location, or other environmental challenges inherent to the Activities. Additionally, any injuries sustained by Participant may be compounded by delayed or negligent emergency response or rescue operations by Evergreen or others.

Participant agrees to voluntarily participate in the Activities with full knowledge and acceptance of the risks involved, and expressly assumes any and all risks of illness, injury, death, or property damage, whether caused by the negligence of Evergreen or otherwise.

Participant (or Parent, if the Participant is a minor) acknowledges and agrees to be solely responsible for any and all medical and related expenses arising from any illness or injury sustained during the Activities, including while traveling to or from the Activities. To the extent that Evergreen incurs any such expenses in connection with Participant’s illness or injury, Participant (or Parent, if the Participant is a minor) agrees to promptly reimburse Evergreen such amounts.

Participant (and Parent, if applicable) further (a) acknowledges that Evergreen does not currently provide accident, health, or life insurance coverage for Participants, though it may choose to provide such coverage in the future, at which time the terms and scope of such coverage will apply and (b) agrees to carry and maintain appropriate insurance coverage for any injuries that may be sustained during the Activities unless and until Evergreen expressly notifies Participant in writing that Evergreen offers such coverage.

Participant (and Parent, if applicable) hereby expressly WAIVES and RELEASES any and all claims, now known or hereafter known, against Evergreen, and its officers, directors, board advisors, employees, agents, affiliates, members, successors, and assigns (collectively, the "Representatives"), on account of loss, injury, death, or property damage arising out of or attributable to Participant’s participation in the Activities, whether arising out of the negligence of Evergreen, any other Representative, or otherwise. Participant (and Parent, if applicable) covenant(s) not to make or bring any such claim against Evergreen or any other Representative and forever RELEASE(S) AND DISCHARGE(S) Evergreen and all other Representatives from liability under such claims.

In addition, Participant (and Parent, if applicable) understand that prior to participating in specific Activities, Participant may be required to further RELEASE Evergreen, the Representatives, and/or certain third-party service providers, and that the foregoing release and any additional releases are conditions to Participant’s involvement in specific programs and/or Activities.

Participant (and Parent, if applicable) agrees to DEFEND, INDEMNIFY, and HOLD HARMLESS Evergreen and all other Representatives against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind incurred by or awarded against Evergreen or other Representatives arising out of or resulting from any claim caused by, arising from, or related to Participant’s negligence or reckless behavior or breach of this Agreement.

EQUIPMENT, SAFETY & STRAIN

Participant (and Parent, if applicable) further acknowledges:

1. They are solely responsible for the proper use of all equipment, tools, and safety gear provided during the Activities, and assume all risks associated with such use.
2. Evergreen recommends wearing protective equipment at all times during Activities and following all safety guidelines provided.
3. Strenuous physical activity may require a baseline level of fitness and awareness of personal physical limitations.

In the event of misuse or failure to follow safety protocols, Participant voluntarily assumes all risks and expressly WAIVES liability claims against Evergreen related thereto.

Participant (and Parent, if applicable) acknowledges that any personal equipment, gear, or property brought to the Activities is solely Participant's responsibility. Evergreen shall not be held liable for loss, theft, damage, or wear and tear to personal property.

VIRTUAL ACTIVITIES

For virtual Activities, Participant (and Parent, if applicable) will be solely responsible for ensuring secure access to virtual platforms, devices, and related technology. Sharing log-in credentials or allowing unauthorized persons to access virtual Activities is prohibited. Participant (and Parent, if applicable) are solely responsible for the maintenance and security of their devices and systems, and for any losses incurred by Participant, Evergreen, its Representatives, or other participants related to this.

PUBLICITY RIGHTS

Participant (and Parent, if applicable) understand that Participant may participate in events, video meetings, and activities, and Evergreen occasionally records such events or activities or takes photographs, interviews, and voice recordings. Evergreen may use Participant’s name, likeness, voice, and other characteristics for advertising, promotion, publicity, or other commercial purposes. By signing this Agreement, Participant (and Parent, if applicable) grants Evergreen rights to use such materials as described above without requiring additional consent or compensation. All photographs, videos, and related media created during the Activities that include Participant become the sole property of Evergreen.

PRIVACY POLICY

Evergreen respects privacy and is committed to responsibly using personal information. By signing this Agreement, Participant (and Parent, if applicable) agree to the privacy policy published on the Evergreen website and consent to the collection, retention, and disclosure of personal information as described therein. Please note that Evergreen may update our privacy policy from time to time without notice. Whenever we make a change, we will post the updated policy on www.evergreenmtb.org, and following the posting of a change in the privacy policy, you agree to be bound to the updated policy.

COMPLIANCE WITH LAWS

Participant (and Parent, if applicable) agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances during participation in the Activities, including trail-building practices, wildlife protections, and environmental limits. Participant acknowledges that failure to comply may result in removal from the Activities and liability for fines, damages, or penalties.

MISCELLANEOUS

Parent (if applicable) represents and warrants that they have authority to sign this Agreement on behalf of Participant and/or anyone else with legal rights regarding Participant. Parent agrees to indemnify Evergreen and its Representatives against any claims brought by or on behalf of the minor Participant that might otherwise be exempt from waiver provisions. This Agreement, along with the privacy policy and any other terms of use located at www.evergreenmtb.org constitutes the sole and entire agreement between Evergreen, Parent and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Evergreen and its successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in King County, Washington and Participant and Parent, individually and on behalf of Participant, hereby consent to the exclusive jurisdiction of such courts. In this Agreement, “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; “or” is used in the inclusive sense of “and/or”; and “any” means “any and all”. Participant (and Parent, if applicable) acknowledges that electronically signing this Agreement constitutes a legally valid and binding signature under applicable law.

BY SIGNING BELOW, PARTICIPANT AND PARENT (IF APPLICABLE) ACKNOWLEDGE THAT EACH HAS CAREFULLY READ, FULLY UNDERSTANDS, AND VOLUNTARILY AGREES TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION OBLIGATIONS. PARTICIPANT AND PARENT (IF APPLICABLE) UNDERSTAND THAT BY SIGNING THIS AGREEMENT, THEY ARE WAIVING ALL CLAIMS, INCLUDING THOSE INVOLVING NEGLIGENCE, AGAINST EVERGREEN AND ITS REPRESENTATIVES FOR ANY LIABILITY ARISING OUT OF PARTICIPATION IN THE ACTIVITIES.