This Agreement is made and entered into between Gable S Corporation (hereinafter referred to as “Gable S”) and the undersigned participant (hereinafter “Participant”) and is for the purpose of allocating risks, liabilities and obligations as a result of GABLE S providing access to Participate on the trials / property of GABLE S for certain activities, including, but not limited to, biking / mountain biking, trial running, trail hiking, walking or any other such other activity or agritourism activities performed by Participant.
Mountain Biking, Trail Running, Hiking and other Ranch Agritourism activities/use are hazardous experiences or activities with varying surface and environmental conditions.
COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there are no known cures and limited treatments and vaccines for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death. Gable S cannot prevent Participant [or Participant’s child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing services or premises of Gable S. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize the services of Gable S and/or enter onto the premises of Gable S you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN CONSIDERATION OF PARTICIPANT ENTERING UPON THE PROPERTY OF GABLE S, THE PARTICIPANT HEREBY AGREES TO RELEASE, DISCHARGE, DEFEND, INDEMNIFY, HOLD HARMLESS AND FOREVER ACQUIT GABLE S, IT’S OWNER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, AND AGENTS (HEREINAFTER THE “GABLE S INDEMNITEES”) OF ANY AND ALL DAMAGES, LIABILITIES, LOSSES, COSTS, EXPENSES (INCLUDING ATTORNEY’S FEES), CLAIMS AND DEMANDS AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER ARISING IN FAVOR OF THE PARTICIPANT AS A RESULT OF PARTICIPANT’S PRESENCE ON THE PREMISES / PROPERTY OF THE GABLE S INDEMNITEES TO UNDERTAKE ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, MOUNTAIN BIKING, TRAIL RUNNING, AND HIKING.
This liability release shall be binding upon the Participant and any assignee, distributors, heirs, next of kin, and administrators of Participant and may be pled by GABLE S Indemnitees as a complete bar and defense against any claim, demand, action, or cause of action by or on the behalf of the Participant.
Participant agrees to fully assume the risks associated with such participation including, by way of example and not limitations, the following: the dangers of collisions with pedestrians, livestock, wildlife, vehicles, other bicyclists, fixed or moving objects; the dangers arising from activities associated with special events enacted or promoted by others, surface hazards, equipment failure, inadequate safety equipment and weather conditions; the danger of contact with biting insects, reptiles and mammals; the dangers of participating in any water or play activity including drowning; potential exposure to COVID-19 from the premises and/or other Participants; and the possibility of serious physical and/or mental trauma including death.
By signing this liability release the Participant hereby acknowledges and expressly represents that:
Participant is duly aware of the risks and hazards inherent upon entering the property / premises of GABLE S and riding mountain bikes, trail running, and hiking on the premises.
Participant elects voluntarily to enter the property / premises of GABLE S and participate in activities on the premises.
Participant assumes the duty of knowing the present condition of the property / premises/ trails of GABLE S and Participant acknowledges that the trails are not professionally or otherwise maintained.
Participant recognizes that the property / premises of GABLE S may become more hazardous and dangerous during the time the Participant is present on GABLE S riding his/her mountain bike or trail running or hiking.
By virtue of the Participant's presence on GABLE S, the Participant acknowledges that Participant accepts the condition of GABLE S and all risks attendant thereto. Participant agrees to operate his/her mountain bike or trail run only on marked trails.
Participant recognizes that falls and collisions with pedestrians, and other mountain bikes and vehicles do occur and assumes all risks and responsibility for such accidents and injuries.
Participant understands that HELMETS ARE REQUIRED and Participant agrees to wear a helmet at all times while mountain biking. If Participant sustains any injury as a result of any of the aforementioned risks and hazards, Participant AGREES NOT TO SUE GABLE S, its owner and their respective officers, directors, servants, employees, and agents.
Participant confirms that he / she is over eighteen (18) years of age and is of sound mind. However, if Participant is younger than eighteen (18) years of age, he/she must be accompanied by a parent or guardian who is over eighteen (18) years of age and of sound mind who has read the forgoing liability release, understands it and signs it voluntarily. Furthermore, the Participant, being at least eighteen (18) years of age, agrees to indemnify the GABLE S Indemnitees as per the provisions set forth above in Section III which may result from a minor’s participation in the aforementioned activity.
Patron agrees that this Agreement is entered into by electronic means, as evidenced by Patron’s electronic signature below. To the extent that Patron disputes that this Agreement is entered into by electronic means, Patron must provide a handwritten signature in lieu of an electronic signature.
EXERCISE CAUTION! MOUNTAIN BIKING IS DIFFERENT THAN ROAD BIKING! TRAIL RUNNING IS DIFFERENT FROM URBAN RUNNING! WHILE RIDING OR RUNNING ON GABLE S YOU MAY EXPERENCE OTHER BIKES, OTHER RUNNERS, AND VEHICLES, LOOSE GRAVEL, AND DIRT, WET SURFACES, HOLES, DOWNED TIMBER AND OTHER OBSTACLES, ON COASTING DESCENTS, SLOW DOWN AND ENJOY YOUR RIDE!
AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.