This is a legal document, please read the complete document.
In accordance with any conditions noted below the person or persons signing this document acknowledges and agrees to the following:
I am agreeing to become a member of Northwest Colorado Trails Corp. (hereinafter referred to as the "NWCTC") under the terms and conditions stated in this agreement. As part of my membership I agree to support the goals and mission of NWCTC and provide at minimum 20 hours of volunteer service per year.
Membership Fees and Beneficial Use of Track:
Membership fees are paid by members and are used for the promotion of motocross sports, pursue the, and promote off-highway motorcycle and OHV riding in northwest Colorado. The fees are also used to maintain and promote the motocross track and to assist in eking grants and other funding to support the mission of NWCTC.
I, as a benefit of my membership, am given a license for the use of the Motocross Track for riding approved vehicles and for approved activities as noted in the NWCTC track rules. I understand such license in non-exclusive, non-transferable and expires on November 1st each year. Any use in violation of this agreement or in violation any rules may result in the revocation of this license
The use of the Motocross Track located at 1890 Moffat County Road 107 Craig, CO or any other premise or property leases or owned by Northwest Colorado Trails Corp. is a privilege of NWCTC Members and is subject to the Member’s compliance with all applicable conditions and requirements of the NWCTC and NWCTC Membership, including but not limited to the NWCTC’s Bylaws and all NWCTC safety rules, requirements and instructions that may be adopted from time to time.
I understand that my active membership agreement requires me to work at least 20 hours per year. Member Initial:
The signing of this waiver will waive certain legal rights, including the right to sue or for your heirs, agents or others to sue in.
I agree that my initials and signature, as indicated in this agreement, is my acknowledgment and understanding of the content. I acknowledge that I will NOT sign or initial any content I have not read or fully understood.
I UNDERSTAND THAT MY USE OF THE MOTOCROSS TRACK IS SUBJECT TO READING AND SIGNING THE ACKNOWLEDGEMENT, RELEASE AND WAIVER OF LIABILITY SET FORTH ON THE FOLLOWING PAGES AND THAT I MAY NOT USE THE MOTOCROSS TRACK UNTIL I HAVE READ, SIGNED AND RETURNED THE ACKNOWLEDGEMENT, RELEASE AND WAIVER OF LIABILITY TO THE NWCTC.
MY SIGNATURE CERTIFIES THAT I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS IN THIS FORM AND THAT THE INFORMATION PROVIDED MY ME IS TRUE, ACCURATE
I express that I desire to use motorcycles at the Track or to observe or otherwise participate in activities at the Motocross Track. I am doing this on my own voluntary choice and free will. I have not been coerced or induced into such use.
I am aware that there are known and usual dangers and risks inherent in participation, operation or observation of Motocross riding, Off-Highway Vehicle riding, Enduro Riding and all other Off- Highway Vehicle use, and that certain additional dangers and risks are present when present on land controlled by Northwest Colorado Trails Corp.Activities including but not limited to motocross, motorcycle and other off-highway vehicles use, training, riding and related activities are inherently dangerous activities and involve the risk of serious injury, death and property damage. Such risks may include, but are not limited to, those caused by terrain, surface or subsurface conditions, crevices, ravines, slopes, poor visibility, natural hazards, temperature, weather, equipment, facilities, vehicular traffic, motorized machines, mechanical failure, speed, skill level, collision, lack of hydration, physical and mental limits, conditions and actions of myself and others. These risks are taken by all individuals present, which includes but not limited to participants, volunteers, spectators, coaches, and by others located on the premise for any purpose.
I understand that the conditions of the Motocross Track may change at any time and that hazards may be present on or near the track at any time. I specifically acknowledge that, in the event I choose to consume alcohol during any activities at the Motocross Track, I will have complete responsibility for myself and for any damages I may cause to property or others. I understand that I will adhere to all the manufacturer’s safety requirements and all track safety rules, and even with such adherence there is still a risk of death, serious bodily injury, or other damage. I understand that I appreciate the risk involved in riding, using, or observing these activities and I voluntarily assume all risks involved.
By signing I acknowledge that I am in good health and in proper physical condition to participate in any activities at the motocross track. I will not be under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely operate or otherwise observe or participate in any activities at the Motocross track. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate and any motocross track activities whether self-initiated or as part of an event.
I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENT, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH, THAT I MIGHT SUFFER AS A RESULT OF MY USE OF THE MOTOCROSS TRACK
I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of Colorado and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that this agreement shall be governed by the law of Colorado.
I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Northwest Colorado Trails Corp., it’s directors or its members, or any subdivision of Northwest Colorado Trails Corp, from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, participation at or use of Northwest Colorado Trails Corp property or leased property including such claims of negligence.
Indemnification and Hold Harmless:
I agree to INDEMNIFY, DEFEND AND HOLD NWCTC HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, participation at or use of the Motocross Track to include negligence.
Permission to Use Likeness/Name:
The undersigned further agree to allow, without compensation, my likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting the NWCTC, and/or its championships, events and activities, including those of its representatives and licensees.
Acknowledgment of Understanding:
By signing I acknowledge that I have read the above agreement completely and that I understand and agree to all terms.
Today's date: June 10, 2023