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Beech Mountain Resort Mountain Bike Activity Acknowledgement of Risks and Release of All Claims

Mountain Biking

BEECH MOUNTAIN RESORT MOUNTAIN BIKE ACTIVITY

ACKNOWLEDGEMENT OF RISKS AND RELEASE OF ALL CLAIMS

THIS IS A LEGALLY BINDING CONTRACT.  READ IT CAREFULLY BEFORE SIGNING.

I understand and acknowledge that Mountain Bike riding, including races and competitions, practice runs and non-competitive riding  (hereinafter referred to as the “Biking Activity" or Biking Activities”) at Beech Mountain Resort, Inc. (BMRI), as well as walking the trails are hazardous activities that involve inherent and other risks of INJURY and DEATH.  Such risks include, but are not limited to terrain changes, weather changes, lift towers, signs, rocks, trees, stumps, trail conditions, equipment failure, getting on, off or riding of chairlifts, collisions with other mountain bikers, spectators or walkers, man-made objects, snowmaking equipment, and the failure to ride under control or within one’s ability.  I understand that these risks and others exist throughout and may be unmarked and occur without warning.   I recognize that INJURIES ARE A COMMON AND ORDINARY OCCURRENCE.  In light of the rapid development and spread of the novel COVID-19 virus and the resulting pandemic, I also realize that naturally occurring disease processes (including, but not limited to, COVID-19) can exist throughout the resort property.  I have the sole responsibility to safeguard myself and my minor child and assume the inherent risk of exposure to the COVID-19 virus.  I have made a voluntary choice to participate in this Biking Activity despite the risks, dangers and hazards that it presents.   

If I am at BMRI for a race or competition, I hereby agree to make a reasonable visual inspection of the course or area where the competition is to be held before I engage in the competition.   I also recognize that due to the competitive nature of the activity, races are more hazardous than non-competitive recreational riding.  I understand and acknowledge that I assume risk of all course conditions including, but not limited to, weather and trail conditions, course construction or layout, and obstacles which a visual inspection should have revealed.  I understand that other than allowing me a reasonable opportunity to inspect the course, BMRI shall have no duty to warn me of the nature, layout or condition of the course. I also acknowledge and understand that I am accepting the course AS IS, and further acknowledge and understand that NO WARRANTIES are being extended to me with respect to any aspect of the course or the facility.                                                       

I hereby agree to RELEASE BMRI, its shareholders, directors, employees and assigns from all liability for injury, death or other damage which results from my participation in Biking Activities at BMRI, including all liability which results from any negligence on the part of BMRI.     

I have read and I understand this acknowledgement and all of its terms.  I understand that this is a legally binding ACKNOWLEDGEMENTS OF RISK and RELEASE OF ALL CLAIMS.  I am entering into this agreement freely and voluntarily and I agree that it is and shall be binding on me, my heirs, assigns and legal representatives.  In the event I elect to participate in more than one Biking Activity or event at BMRI during this season, I intend that this ACKNOWLEDGEMENT OF RISKS AND RELEASE shall apply each time I participate in such a Biking Activity or event.  

I hereby agree that the exclusive jurisdiction for any claims I or my child may bring against BMRI, its agents or employees related to this activity is in the Superior Court of Avery County, North Carolina.   

I hereby authorize the use and reproduction by BMRI and its authorized representatives of any and all photographs and video taken of me without compensation and understand all copies shall constitute the property of BMRI.   

I have read and understand the foregoing Acknowledgment of Risks and Release of All Claims and am voluntarily signing below, intending to be legally bound.  If I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of my spouse (if any) and I understand that I am acknowledging the risks to my child.  I further agree to indemnify and defend BMRI for any claim that may be brought against BMRI arising out of the minor child's participation in the Biking Activity or event.

 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

What is the date you will ride at Beech Mountain Resort? *
Would you like to receive updates via text?*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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