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.