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CONFLUENCE OUTDOOR ED., LLC

Accident Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement

(hereinafter referred to as the “Agreement”).

IMPORTANT: THIS IS A LEGAL DOCUMENT
PLEASE READ IN FULL AND UNDERSTAND BEFORE SIGNING

  1. ACTIVITIES: I have chosen to participate in mountain biking with Confluence Outdoor Ed., LCC. In this Agreement the term “mountain biking” includes all mountain bike activities including, but not limited to, guided descents and ascents, clinics, lessons, camps, and private instruction (hereinafter “riding”). 
     
  2. ASSUMPTION OF RISKS:  Mountain biking takes place on steep, rugged and challenging terrain and features, and will expose the rider to many risks, dangers and hazards including but not limited to some of the following  falls, fractures, concussions, head injury, paralysis, death, dangerous or unanticipated weather, overexertion, overheating, injuries from my lack of fitness or conditioning, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, equipment failures, losing control of or crashing the bike, traffic, collisions with moving or parked vehicles or other obstacles, road and/or mountain bike trail hazards (e.g., sewer gratings, gravel, logs and debris), failure to wear a helmet and/or other protective equipment, and negligence of others. Bicycles and related equipment may be placed under extreme stress and can malfunction. Helmets are mandatory. Full face helmets and other protective gear are strongly recommended.

    I hereby freely assume the inherent risks as well as any other risks not listed that are part of riding and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in riding including any injury, illness, or loss caused by the negligence of Confluence Outdoor Ed., LCC, an incorporated company and its (their) directors, officers, mangers, employees, volunteers, agents, instructors, independent contractors, sponsors, successors and assigns (hereinafter “Released Parties “).
     
  3. RELEASE OF LIABILITY AND WAIVER OF CLAIMS: I hereby release the Released Parties from all liabilities, causes of action, claims and demands that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during riding or in any way related to riding. This Agreement includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This Agreement does not extend to claims that California law does not permit to be released by Agreement. I also agree not to sue or make a claim against the Released Parties for death, injuries, loss or harm that occur during riding or are related in any way to riding.
     
  4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to indemnify, hold harmless and defend the Released Parties against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to the indemnify, hold harmless and defend Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during riding. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
     
  5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the riding activities provided to me and to follow directions given to me by the leaders of the riding.
     
  6. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be enforceable as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
     
  7. APPLICABLE LAW AND FORUM: This Agreement shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with riding shall be brought only in the state or federal court located in Sacramento County, California, and I agree to the jurisdiction and venue of those courts for any such dispute.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

Date: April 22, 2021

First Customer's Name

First Name*

Middle Name

Last Name*

Phone*
First Customer's Date of Birth*
First Customer's Signature*
Second Customer's Name

First Name*

Middle Name

Last Name*
Second Customer's Date of Birth*
Third Customer's Name

First Name*

Middle Name

Last Name*
Third Customer's Date of Birth*
Fourth Customer's Name

First Name*

Middle Name

Last Name*
Fourth Customer's Date of Birth*
Fifth Customer's Name

First Name*

Middle Name

Last Name*
Fifth Customer's Date of Birth*
Sixth Customer's Name

First Name*

Middle Name

Last Name*
Sixth Customer's Date of Birth*
Seventh Customer's Name

First Name*

Middle Name

Last Name*
Seventh Customer's Date of Birth*
Eighth Customer's Name

First Name*

Middle Name

Last Name*
Eighth Customer's Date of Birth*
Ninth Customer's Name

First Name*

Middle Name

Last Name*
Ninth Customer's Date of Birth*
Tenth Customer's Name

First Name*

Middle Name

Last Name*
Tenth Customer's Date of Birth*
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.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
If participant is a minor, signature of parent or responsible adult is required below: In consideration of the minor child being permitted to participate in riding, I accept and agree to the full contents of this Agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding these Activities. I also agree to release, hold harmless, indemnify and defend the Released Parties from all liabilities and claims that arise in any way from any injury, illness, death, loss or harm that occurs to the minor child during riding or in any way related to riding. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this Agreement is intended to release claims for liabilities that California law does not permit to be excluded by Agreement.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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