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DYNAMIC CYCLING ADVENTURES LLCRELEASE AND APPLICATION WAIVER TO PARTICIPATE

THIS IS A RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”). BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY!

NOTICE TO RIDERS, PARENTS AND GUARDIANS If you are new to mountain biking or if you are signing this Release Agreement as the parent or guardian of a minor rider, please take the time to review this document carefully, but also familiarize yourself with the mountain biking activities that will take place at this venue and this event/activity.

Injuries are a common and an expected part of mountain biking. Intermediate and advanced terrain should never be attempted until the rider has the appropriate skill, experience, and equipment. By signing this agreement, you agree that you as a rider, or you as the parent/guardian of the rider, has the appropriate skill, experience, and equipment to participate in this particular event/activity.

STOP – READ THIS!!

Use of the mountain bike trails involves the risk of injury. You control the degree of risk you will encounter in using the trails. Do not attempt any of the trails or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level. Helmets are mandatory. All beginner and/or inexperienced riders must notify Dynamic Cycling Adventures LLC and Patrick Howell immediately upon signing this Release as to their experience level if they are a beginner. Beware of changing conditions on trails and features. It is your responsibility to inspect features before using them. Stay off access roads. Stop at all road crossings. YOU ASSUME THE RISK OF ANY INJURY THAT MAY OCCUR WHEN USING THE BIKE TRAILS.

I hereby grant Dynamic Cycling Adventures LLC permission to photograph and video me while I am taking part in Dynamic Cycling Adventures LLC activities. I further allow it to use my likeness in any photograph, video, or other digital media (“photo”) in any and all of its publications and marketing, including web-based publications. I understand and agree that all photos will become the property of the Dynamic Cycling Adventures LLC and will not be returned. I hereby irrevocably authorize the Dynamic Cycling Adventures LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears.

MOUNTAIN BIKERS’ RESPONSIBILITY CODE

1. RIDE IN CONTROL AND WITHIN YOUR ABILITY LEVEL AT ALL TIMES. You must be able to stop and avoid other people or objects.

2. PROTECT YOURSELF. Helmets are mandatory.

3. DO NOT RIDE if your ability or judgment is impaired by drugs, alcohol, or fatigue.

4. INSPECT AND MAINTAIN YOUR BIKE or have it checked by a qualified bike mechanic before you ride.

5. OBEY SIGNS AND WARNINGS. Stay on marked trails. Do not cut switchbacks and keep off of closed areas.

6. INSPECT TRAILS AND FEATURES. Conditions change constantly on trails and features.

7. LOOK OUT FOR OTHERS. Avoid riders ahead of you. They have the right of way. Yield to other riders when entering a trail.

8. BE VISIBLE. Do not stop where you obstruct a trail or are not visible from above.

9. COOPERATE if you are involved in or witness a collision or accident.

BE SAFETY CONSCIOUS IT IS YOUR RESPONSIBILITY!

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!

THE RELEASEES are Dynamic Cycling Adventures LLC and Patrick Howell, as well as its/his affiliates, subsidiaries, directors, officers, employees, agents, independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials, workers, volunteers, participants, sponsors, promoters, and advertisers involved with mountain biking (all of whom are hereinafter collectively referred to as “THE RELEASEES”).

MOUNTAIN BIKING - This term as used herein shall include all activities, events, services or use of facilities provided, arranged organized or conducted by the Releasees including but not limited to: cycling; bike descents; mountain bike tours; bicycle camps; use of any bike park; bicycle skills training; use of trails and roads; use of chairlifts and gondola; guided mountain biking activities; races; competitions; demonstrations and events; orientation and instructional courses and sessions; and all other related activities, events or services.

ASSUMPTION OF RISKS

Injuries are a common and expected part of mountain biking. Mountain biking often takes place on steep and rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards. These include but are not limited to: misloading, entanglements, or falls from chairlifts and gondolas; changing or adverse weather conditions, including rain, lightning, and hail; equipment failure, malfunction, or damage, including unexpected loss of braking or handling; improper use of equipment; falls; loss of balance; high speeds; loss of control; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks; constructed feature such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including dogs and bears; my health condition, physical exertion, dehydration, exhaustion, altitude sickness, or other affliction; negligence of other riders or users of the premises; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING.

SAFETY I have been advised to wear an approved helmet and other protective equipment such as elbow/forearm and knee/shin armor when free riding or down-hilling. Use of a helmet is mandatory.

COVID-19/SICKNESS Exposure to COVID-19, disease and sicknesses (“sickness”) is an inherent risk of mountain biking. Releasees cannot eliminate the risk that a participant is exposed to while engaged in mountain biking. I agree it is my responsibility to (1) follow all instructions, signage, warnings, and guidelines; (2) stay home if sick or experiencing symptoms of any sickness; (3) wear a face covering and maintain at least 6 feet physical distancing from other guests, including in lift lines; and (4) wash and sanitize hands frequently.


I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of my participation in mountain biking and my use of services, equipment and facilities arranged for use, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1.      TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Mountain Biking, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING REFERRED TO ABOVE;

2.      TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Mountain Biking;

3.      This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4.      This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Vermont and no other jurisdiction; and

5.   Any litigation involving the parties to this Release Agreement shall be brought solely within the state of Vermont and shall be within the exclusive jurisdiction of the state of Vermont. This Agreement shall apply to all subsequent events and activities.

In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Mountain Biking, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS W HICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

If a minor/child is participating in Mountain Biking, I represent that I am the minor/child/participant’s parent or legal guardian that I VOLUNTARILY GRANT PERMISSION FOR HIM/HER/THEY TO TAKE PART IN THE ACTIVITY. I acknowledge that I am signing this Release Agreement on behalf of the minor/child and that THEY SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. If my child is participating, I also acknowledge that: (a) I have spoken to my child about Mountain Biking; (b) my child understands and appreciates the risks of Mountain Biking; and (c) my child is voluntarily participating in Mountain Biking.

By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years old. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this agreement.

I have been offered a copy of this Release Agreement and I have been advised to read it carefully. I have read it carefully and accept all of its terms.


May 12, 2024

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Third Participant's Name

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Sixth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Ninth Participant's Name

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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.
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 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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