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I, ____________________________________________ (ENTER NAME BELOW), sign and make this agreement on behalf of myself and, if

applicable, as the parent or guardian or supervisor of the minor(s) ___________________________________________ (ENTER MINOR'S NAME BELOW) (hereinafter, “the minor child(ren)”) on behalf of the minor child(ren), to induce the property owner, Ina Boyle, the property possessor, Tower Hill Trail Center, LLC, including any and all of its Members, to allow me and, if applicable, the minor child(ren) identified above, to enter onto or to utilize in any way the real property identified as 2605 East Finley Drive, Claysville, Pennsylvania 15323, also known as Tower Hill Trail Center, LLC, a/k/a Tower Hill Trail Center, a mountain biking park, a/k/a Tower Hill Trail Center, a/k/a Tower Hill (hereinafter, “the Property” or “Tower Hill”).

Anywhere the word “I”, “me”, “my”, “myself”, or similar pronoun appears, it shall refer to myself, individually, and my heirs, estate, personal representatives, wrongful death beneficiaries, successors, and/or assigns, and, if a minor child(ren) is/are identified, as the parent or guardian or supervisor of the minor child(ren), on behalf of the minor child(ren) and the minor child(ren)’s heirs, personal representatives, wrongful death beneficiaries, successors, and/or assigns.

Anywhere the phrase “Property Owners” appears, the phrase shall refer to Ina Boyle, Tower Hill Trail Center, LLC, and any and all of her/its Members, employees, affiliates, heirs, personal representatives, independent contractors, partners, volunteers, successors, and/or assigns, and also Nathan Boyle and/or Andrea Boyle and/or Ian Santi, as individuals.

Because of the nature of mountain biking, I understand that no other person, including the Property Owners, are aware of my mountain biking skills and/or abilities and/or the quality of my equipment; only I can judge whether I have the ability to safely ride on, over, off of, and/or across any mountain biking trails and/or obstacles. I take full responsibility for determining whether I have the skills and ability to ride on, over, off of, and/or across any mountain biking trails and/or obstacles. I understand and agree that I am solely responsible for the condition of my bicycle, including the responsibility for ensuring it is safe for any and all mountain biking activities. I understand and agree that I am solely responsible for my safety in general, and, if biking, I agree to wear a helmet at all times. I am responsible for supplying my own helmet and ensuring it is in good condition.

I understand that no medical personnel are on site, and at times, no employees or Members of Tower Hill Trail Center, LLC, or any other persons will be on site, and that I should always ride with a partner in case of accident or injury.

I am aware that mountain biking and spectating thereat are HAZARDOUS ACTIVITIES and involve certain RISKS, including but not limited to, injuries and death, including serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles and internal organs, and may result from various incidents, including, but not limited to, slips, trips, falls, crashes, flying objects, difficult and/or advanced obstacles, trees, falling branches/trees, loose rocks/dirt/boards, moss/mold, collisions, entry to and from the premises, and/or the negligent or reckless conduct other participants and/or spectators. I am VOLUNTARILY participating in this activity with knowledge of the dangers involved.

Understanding the above, I ASSUME ALL RISKSof injury, loss of life, and damage to my person and/or property while on or utilizing, in any manner and for whatever purpose, the Property, including, but not limited to, the mountain biking trails and/or the obstacles thereon, whether natural or man-made, or having any obvious or latent defects therein, or whether I am merely spectating at the Property. I fully agree that I HOLD AND WILLHOLDHARMLESS the Property Owners from any and all liabilities, claims, demands, costs, losses, judgments, expenses, or compensation of whatever nature for any injury, loss, loss of life, or damage to my person and/or property resulting from or in any way connected with my entry onto or use of the Property, and regardless of whether the Property Owners directly or indirectly and/or actively or passively caused or contributed to said injury, loss of life, damage, or injury to my person and/or property by their negligent or grossly negligent acts or omissions.

I furtherPROMISE NOT TO SUE the Property Owners for any loss, damage, loss of life, or injuries to my person and/or property resulting from or in any way connected with my entry onto or use of the Property, including, but not limited to, the mountain biking trails and obstacles thereon, whether natural or man-made, or having any obvious or latent defects therein, and. regardless of whether the Property Owners directly or indirectly, or actively or passively, caused or contributed to said loss, damage, loss of life, or injury to person or property by their negligent or grossly negligent acts or omissions. I further agree to REIMBURSE AND INDEMNIFY the Property Owners for all court costs and reasonable attorney’s fees they spend in defending any action brought by me or on my behalf.

I further agree to fully and completely INDEMNIFY the Property Ownersfor any and all wrongful death and/or survival claims and/or judgments related to my death resulting from or in any way connected with my entry onto or use of the Property, and additionally agree to INDEMNIFY the Property Owners for any and all court costs and reasonable attorney’s fees in defending any such wrongful death and/or survival action. 

The parties hereto agree that if any word or phrase of this Agreement is held unconscionable or unenforceable, said phrase or word shall be severed from this contract and the balance of the sentence and/or the contract shall remain in full force and effect, with the further understanding that any such changes made to this Agreement by any court are to be made so as to grant the greatest possible release of liability to the Property Owners. Further, to the extent any minor is found by a court of law to not be bound by this Agreement, the parties expressly agree that any named Minor is a third party beneficiary of this Agreement.

This Agreement shall be construed according to the laws of the Commonwealth of Pennsylvania, and jurisdiction and venue over any cause of action arising hereunder shall be solely in the courts of Washington County, Pennsylvania.

This Agreement shall continue in full force and effect until revoked in writing and such writing is received by the Property Owners, either by hand delivery or by certified mail, return receipt requested, at which time, I understand I shall no longer be allowed on the Property for any reason.

I further agree that I will not assist anyone who has not purchased a biking pass and/or signed his/her own Release From Liability, Covenant Not to Sue, and Indemnity Agreement to enter onto the Property.

PHOTO RELEASE. I hereby agree to allow Tower Hill to record and publish photos and videos (including audio) of myself for the purpose of promoting the mountain biking park and for documenting, advertising, promoting, and/or reporting events and activities in perpetuity and without compensation therefor. I understand photographs, video and/or audio tape recordings may be taken of myself and/or family members at practice, during competitions, recreational play, as well as other Tower Hill-related events. I understand that this media will be produced and used for promotional purposes, and I authorize Tower Hill to use my/our photograph, video and/or audio recording on its Website and social media platforms, such as Facebook, Twitter, YouTube, FourSquare and Pinterest, etc., as it deems fit in its sole discretion.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
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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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
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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