IMPORTANT: THIS IS A LEGAL DOCUMENT; PLEASE READ IN FULL AND UNDERSTAND BEFORE SIGNING.
You/your minor child (if applicable) may be injured using the facilities and/or equipment of JBang Investments, LLC., DBA Simply MTB and/or participating in classes/events hosted by Simply MTB. If you are unwilling to assume all the risks of you/your minor child’s use of Simply MTB facilities, DO NOT sign this document, in which case you/your minor child will NOT be authorized to use or participate in the facilities of Simply MTB. If you sign this document BUT make any alterations to it, you are NOT authorized to use Simply MTB facilities.
1, Assumptions of Risks. I, for myself or as the parent/legal guardian of the participating minor child, whose name is listed below (“Participant”) wish to use Simply MTB and may engage in one or more activities, including without limitation: power training cycling classes, outdoor bicycle rides, coaching services, bike fittings, recommendations for bicycle service, medical testing/evaluation, other special events and presentations, and related use of training equipment, (collectively, the “Sports”). I understand that the Sports are intensive sports that involve many inherent risks and dangers, and that using Simply MTB or participating in the Sports may put me/my child at risk of serious injury or illness. These dangers include but are not limited to: orthopedic, muscular and neurological injury; impact/contact with other participants; physical and emotional/mental injury; property damage; and limits or defects in Simply MTB facilities and/or equipment. I am also aware that hazards may exist throughout Simply MTB facilities, may be unmarked and occur without warning, and that safety equipment, proficiency checks, supervision and enforcement of rules do not and cannot guarantee my/my minor child’s safety. I am/my minor child is able to perform the essential functions required to use Simply MTB and participate in the Sports and I am/my minor child is freely and voluntarily choose to participate in the Sports and the use of Simply MTB. I REPRESENT AND WARRANT THAT I HAVE READ THE UNDERSTOOD THIS DOCUMENTS, AM OF SOUND MINE, HAVE LEGAL AUTHORITY, AND FREELY ACCEPT AND FULLY ASSUME THE RISK THAT I/MY MINOR CHILD CAN SUFFER PROPERTY DAMAGE, ILLNESS, SEVERE PERSONAL INJURY OR EVEN DEATH BY USING SIMPLY MTB FACILITIES AND/OR EQUIPMENT OR PARTICIPATING IN THE SPORTS, not only the ways described above, but also in ways that are unknown and unexpected, even if I follow/my minor child follows instructions or advice.
2, Consent to Medical Treatment, Consent to Use of Images, Etc. If I am unable to consent at the time, due to injury, illness or absence, I hereby consent to administration of first aid and other emergency medical treatment for such injury or illness that occurs during my/my minor child’s use of Simply MTB facilities and/or equipment or participation in the Sports. I have/my minor child has adequate health insurance or resources to cover the costs of treatment in case of any such injury or illness. I agree to refrain/cause my minor child to refrain from and not to be impaired by the use of alcohol or any controlled substance (except as medically authorized) while using Simply MTB facilities and/or equipment or participating in the Sports. I grant to Simply MTB and its assigns the right to use, reproduce, display, distribute and make derivative works, in any and all media, or my/my minor child’s voice and likeness recorded while using Simply MTB facilities/equipment or participating in the Sports and any biographical information furnished by me or my minor child.
3. Waiver, Release and Indemnification. I understand and agree that Simply MTB is not an insurer of my/my minor child’s conduct. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, COVENANT NOT TO SUE, AND DISCHARGE SIMPLY MTB AND ALL OF ITS TRUSTEES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME/MY MINOR CHILD OR LOSS OF DAMAGE TO ANY PROPERTY BELONGING TO ME/MY MINOR CHILD, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, ARISING OUT OF OR RELATED TO MY/MY MINOR CHILD’S USE OF SIMPLY MTB FACILITIES AND/OR EQUIPMENT OR PARTICIPATION IN THE SPORTS. I AGREE THAT THIS DOCUMENT SHALL BIND MY GUARDIAN, ASSIGNS, HEIRS, ADMINISTRATORS AND EXECUTORS FOREVER.
In the event any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceability provision
were not contained herein.
Today's Date: September 30, 2020