MORCA – Unified Liability Waiver & Assumption of Risk Agreement
A Chapter of the International Mountain Bicycling Association (IMBA) For All MORCA Rides, Events, Clinics, Youth Programs, and Trail-Work Activities
SECTION 1 — PARTICIPANT INFORMATION
(Collected by SmartWaiver: name, email, phone, emergency contact, etc.)
SECTION 2 — ACTIVITIES COVERED
This Agreement applies to all activities conducted, sponsored, organized, or authorized by MORCA (“the Club”), including but not limited to:
- Group rides, clinics, skills sessions, youth programs
- Take-A-Kid-Mountain-Biking events
- Volunteer trail-work and stewardship days
- Use of tools or equipment
- Travel or carpooling related to MORCA activities
- Activities occurring on public or private land where MORCA is permitted or authorized
SECTION 3 — ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I understand and acknowledge that participation in MORCA activities involves inherent and significant risks, including the risk of serious bodily injury, permanent disability, paralysis, or death.
Mountain Biking & Outdoor Recreation Risks
- Falls, collisions, loss of control
- Natural and man-made obstacles (rocks, roots, ruts, drops, loose soil)
- Unmaintained or poorly marked trails
- Weather exposure, heat, cold, dehydration
- Actions or inactions of other participants or trail users
Trail-Work & Volunteer Activity Risks
- Use of hand tools such as McLeods, Pulaskis, hoes, loppers, picks, shovels, saws, and rock bars
- Lifting, digging, tamping, swinging tools, moving rocks or debris
- Slips, trips, falls, strains, cuts, impact injuries
Remote / Wilderness Conditions
- Limited or no cell service
- Delayed emergency response
- Wildlife encounters and environmental hazards
EXPRESS ASSUMPTION OF RISK
I understand that these risks may arise from my own actions or inactions, the actions or inactions of others, environmental conditions, or the ordinary negligence of the Releasees named below.
I VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW.
SECTION 4 — TRANSPORT, VEHICLES & MOTORIZED EQUIPMENT RISKS
I understand that MORCA activities may involve motorized vehicles and motorized equipment, which may be owned, rented, leased, borrowed, or otherwise provided by MORCA or partner agencies.
Such vehicles or equipment may include, but are not limited to:
- Passenger or utility vehicles
- Off-highway or side-by-side vehicles
- Trailers or towed equipment
- Tracked or wheeled hauling equipment
- Motorized trail-maintenance tools
- Gas-powered or battery-powered equipment
I understand and agree that:
- Only trained and authorized MORCA personnel may operate vehicles or motorized equipment
- I may be exposed to risk by proximity, assisting, loading, unloading, spotting, or working nearby
- Hazards include rollover, collision, mechanical failure, debris, noise, vibration, and operator error
I voluntarily assume all risks associated with the presence or operation of motorized vehicles and equipment, whether owned, rented, or otherwise provided.
SECTION 5 — RELEASE OF LIABILITY & INDEMNIFICATION
To the maximum extent permitted by California law, I hereby release, waive, discharge, and covenant not to sue:
- MORCA
- IMBA and all IMBA chapters
- Land managers (including BLM, State, County, City, or private landowners)
- MORCA officers, directors, members, volunteers, ride leaders, crew leaders
- Sponsors, partners, and other participants
(collectively, the “Releasees”) from any and all claims arising out of or related to my participation, including claims based on the ordinary negligence of the Releasees.
I further agree to indemnify and hold harmless the Releasees from any claim, demand, cost, or expense (including attorney fees) brought by me or on my behalf.
This Agreement does NOT release liability for gross negligence or willful misconduct, as prohibited by California Civil Code §1668.
SECTION 6 — MEDICAL TREATMENT AUTHORIZATION
If I am injured or become ill during a MORCA activity, I authorize MORCA volunteers, ride leaders, or emergency responders to provide or obtain basic first aid or emergency medical care.
I understand that MORCA volunteers are not medical professionals and I assume full financial responsibility for any medical treatment.
SECTION 7 — MEDIA RELEASE
I grant MORCA permission to use my name, image, voice, and likeness captured during activities for:
- Event promotion
- Social media
- Reports to land-managing agencies
- Educational or fundraising purposes
This permission is royalty-free, perpetual, and non-exclusive.
SECTION 8 — PARTICIPANT RESPONSIBILITIES
I agree to:
- Follow instructions from ride leaders or crew leaders
- Use appropriate equipment
- Participate only within my physical abilities
- Stop participation if conditions feel unsafe
- Report hazards or injuries
- Exercise my own judgment and personal responsibility at all times
SECTION 9 — PARENT / GUARDIAN AGREEMENT (MINORS)
[SMARTWAIVER CONDITIONAL: shown only if participant is a minor]
I am the parent or legal guardian of the minor participant and have authority to sign.
I acknowledge and accept all risks on behalf of the minor and agree to indemnify and hold harmless the Releasees for any claims I may bring on behalf of the minor, to the fullest extent allowed by California law.
I understand that California law does not permit a parent or guardian to waive a minor’s own future personal-injury claims for negligence.
SECTION 10 — SEVERABILITY
If any portion of this Agreement is found invalid, the remaining portions shall remain in full force and effect.
SECTION 11 — FINAL ACKNOWLEDGMENT & SIGNATURE
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.
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