Loading...

LA JOLLA INDIAN RESERVATION MOUNTAIN BIKE TRAILS

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND

ASSUMPTION OF RISKS AGREEMENT

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN THE EVENT OF AN ACCIDENT

THIS AGREEMENT is made between the LA JOLLA BAND OF LUISENO INDIANS, their representatives, agents, officers, directors, servants and employees (collectively referred to as "TRIBE" or “RELEASEES”), and the undersigned (referred to as “I" or “RELEASEOR”) 

 

I and the Tribe agree as follows: 

I, the undersigned understand and EXPRESSLY AGREE that "mountain biking” is an inherently hazardous sport that has many dangers and risks, including severe injury or death. Nonetheless, I wish to participate in this sport and agree to these terms as a condition of my participation. YOU UNDERSTAND THAT THE MOUNTAIN BIKE TRAILS ARE DANGEROUS. NO REPRESENTATIONS OR WARRANTY OF SAFETY IS GIVEN TO YOU BY THE RELEASEE. 

 

In this Release Agreement the term “mountain biking” or “mountain bike trails” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: use of mountain bike trails off-road vehicle tours or transport, and backcountry travel and other such activities, events and services in any way connected with or related to using a bike to traverse or downhill cycling.  I understand that the parking areas, paths and walkways in and surrounding the mountain bike trails area may contain ice or gravel consistent with a mountain environment. I realize that injuries are a common and ordinary occurrence for persons walking, riding and driving on these areas. 

 

I AGREE it is my sole responsibility to view the “mountain bike trails" area BEFORE I participate and to not participate if the area or adjacent areas or conditions are not to my satisfaction or my skill level.  

I AGREE that I have been told of the use of “DD Airbags” for jump and landing features that are inherently dangerous, it is my sole responsibility to decide whether to use this feature, and I assume all risks.  I have been informed about and/or made aware of and herby certify that I AM AN EXPERIENCED MOUNTAIN BIKE CYCLIST. 

 

I, EXPRESSLY AGREE, as a condition of being allowed to participate in the sport of "mountain biking" and to use the premises, that I freely accept and voluntarily assume ALL RISKS of personal injury or death or property damage, and FULLY RELEASE the La Jolla Band of Luiseno Indians FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RESULTING FROM MY PARTICIPATION IN THIS SPORT. 

 

I have no medical conditions which would prevent me or rider (if minor) from actively participating in the unfinished, mountain bike trails. 

 

I consent to having photos or videos taken of me while participating in “mountain biking” and to the publication of the photos or videos by the Releasees for advertising, marketing and promotional purposes. 

 

ASSUMPTION OF RISKS 

I am aware that participating mountain biking involves many risks, dangers and hazards including but not limited to: hiking on rough and uneven terrain; changing weather conditions which may cause the unfinished, mountain bike trails to be slippery; equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; falls; over-exertion; fear of heights; failure to remain within designated areas; impact or collision with trees, other participants or guides; negligence of other participants or guides; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN MOUNTAIN BIKING. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. 

 

In exchange for, and in consideration of, the Tribe making mountain bike facilities and the premises available to me for participation in the sport of mountain biking, I KNOWLINGLY CONSENT AND AGREE that any and all disputes between myself and The La Jolla Band of Luiseno Indians arising from my participation in mountain biking, and including any claims for personal injury and/or death, will be GOVERNED BY FEDERAL LAW and the EXCLUSIVE JURISDICTION thereof will be in the Tribal Court.  

 

I shall defend, indemnify, and hold harmless the Tribe and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including  attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Tribe or any other Releasees in a final non-appealable judgment, arising out of or resulting from any claim of a third party related to my participation OR THE PARTICIPATION OF AN ACCOMPANYING MINOR in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Tribe. 

 

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation and I release all parties from any type of liability for anything that may happen during my treatment.  

 

I, the undersigned, HAVE READ AND UNDERSTAND the terms of the above and the FULL RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT, which is an essential part of it. I am signing it freely and of my own accord, realizing IT IS BINDING upon myself, my heirs and assigns, and, in the event that I am signing it on behalf of any minors, that I have full authority to do so, realizing its BINDING EFFECT on them as well as myself. 

 

If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. 

 

[SIGNATURE PAGE FOLLOWS] 



 

 

I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT. 

 

I have read the Release Agreement above and confirm that I meet the necessary general health  

requirements and further agree to be bound by the terms of the Release Agreement. 


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*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!