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NEMBA Annual Liability Waiver

for Member & Non-Member Participants.

 

NEMBA 2022 Annual Liability Waiver

Acknowledgment and assumption of risks & release and indemnity agreement.

This document affects your legal rights. You should read it carefully before signing.

All participants must sign this Document. For participants under 18 yrs. of age (hereafter sometimes ‘minor’ or ‘child’), one or both parent/s or guardian/s (hereafter collectively ‘parent/s’) must also sign. In consideration of the services of the New England Mountain Bike Association Inc., a charitable, not-for-profit corporation, organized and existing under the laws of Massachusetts, and its chapters, including all officers, employees, representatives, agents, independent contractors, volunteers (including leaders and co-leaders), members and all other persons or entities associated with it (collectively referred to in this Document as 'NEMBA'), I (participant and parent/s of a minor participant), acknowledge and agree as follows:

I understand and acknowledge that by signing this document, I am releasing, on behalf of myself (and my minor children, if any) and my agents, heirs, executors, administrators, and assigns (collectively "Releasors"), NEMBA, the managing agencies operating the public land or the private landowners of the property on which this event is held, and their respective volunteers, sponsors, promoters, affiliates, heirs, attorneys, directors, officers, employees, agents, members, successors and assigns (collectively "Releasees"), from any and all claims, debts, demands, rights, actions, causes of action, whether known or unknown, at law or in equity, which I ever had, now have, or in the future may have against Releasees relating to or in connection with my participation (or that of my minor children) in any of NEMBA’s activities, including but not limited to NEMBA rides, trail work, skills clinics, trail schools, camping trips, festivals, socials, and meetings. Leaders of most NEMBA activities are volunteers. They are not paid professional guides or leaders. In all activities, participants share in the responsibility for their own safety. Participants (and parent/s of minors) take responsibility for having appropriate skills, physical conditioning, equipment and supplies for these activities. 

These activities include inherent and other risks, hazards and dangers (referred to in this Document as ‘risks’) that can cause or lead to injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others. Some, but not all of these risks include: hazardous and unpredictable ground, water or weather conditions; misjudgments made by leaders, co-leaders, participants or others; travel in remote areas that can cause delays in transportation, evacuation and medical care; equipment that can fail or malfunction; the potential that the participant or others (e.g. co-participant, driver, medical and rescue personnel) may act carelessly or recklessly. I understand that NEMBA staff, leaders or other personnel cannot assure participant's safety or eliminate any of these risks. Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent/s of minors) assume and accept full responsibility for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death or other loss suffered by participant, resulting from those risks, and resulting from participant’s negligence or other misconduct.

 

RELEASE AND INDEMNITY AGREEMENT

Please read carefully. This Release and Indemnity agreement contains a surrender of certain legal rights. I (adult participant, or parent/s for themselves and for and on behalf of their participating minor child) agree as follows:

(1) to release and agree not to sue NEMBA, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claim/s’) for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in these activities, or use of NEMBA equipment, facilities or premises. I understand I agree here to waive all claim/s I or my child may have against NEMBA, and agree that neither I, my child, or anyone acting on my or my child’s behalf, will make a claim against NEMBA, as a result of any injury, damage, death or other loss suffered by me or my child;

(2) to defend and indemnify (‘indemnify’ meaning protect by reimbursement or payment) NEMBA with respect to any and all claim/s brought by or on behalf of me, my child, a family member, a co-participant, or any other person for any injury, damage, death or other loss in any way connected with my/my child's enrollment or participation in these activities or use of NEMBA equipment, facilities or premises.

This Release and Indemnity Agreement includes claim/s resulting from NEMBA’s negligence (but not its gross negligence or intentional or reckless misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency or medical response, assessment or treatment), property damage, breach of contract or any other claim.

I agree that the substantive laws of Massachusetts govern this Document and all other aspects of my relationship with NEMBA, and that any mediation, suit, or other proceeding must be filed or entered into only in Massachusetts. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. Any portion of this Document deemed unlawful or unenforceable shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.

Participant and parent/s of a minor participant agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me, my minor children and other family members, and my heirs, executors, representatives and estate. One or both parent/s must sign below for any participating minor (those under 18 years of age).

This NEMBA Annual Liability Waiver 2022 is valid for NEMBA activities throughout the current calendar year and is valid through December 31, 2022. I acknowledge that this Release is a contract with legal consequences and not a mere recital, that I have been advised to read it carefully before signing, and that I sign my name below as my own free act and deed.

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
Participant's 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
Check to receive NEMBA information, news, and updates by e-mail.
Email me a copy of this document.
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*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Active NEMBA Membership?*
Yes
No
Gender Identity *
Woman
Man
Trans
Non-Binary
Prefer Not to Answer
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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