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2024 18 AND OVER
Highland Interactive, LLC 


 

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement 


PARTICIPANTS: READ THIS DOCUMENT (THE “AGREEMENT”) CAREFULLY BEFORE SIGNING. THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

I.      DEFINITIONS: For the purposes of this Agreement, the following terms shall be defined as follows:

The term "RELEASEES" shall mean Highland Interactive, LLC, Highland Mountain Bike Park, Inc., and Gravity Mountain, Inc. (collectively, “HIGHLAND INTERACTIVE”), their respective directors, officers, employees, guides, independent contractors, successors, agents, representatives, assigns, and third parties contracting with Highland Interactive.

The terms “I”, “me” or “my” shall mean the undersigned and as well as undersigned’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the undersigned’s behalf.

The term "HIGHLAND INTERACTIVE CLINICS" shall mean all trainings, informational and instructional services, goods and/or programming provided by Highland Interactive on the premises of third-party INSTRUCTIONAL AREAS.    

The term “CLAIMS” shall mean claims, counterclaims, cross-claims, demands, rights, actions or causes of action, suits, arbitrations, obligations, debts, demands, agreements, promises, liabilities, damages, judgments, decrees, controversies, costs and expenses, and attorneys’ fees, of whatever nature, character or description, liquidated and unliquidated, fixed and contingent, matured and unmatured, disputed and undisputed, known or unknown, foreseen or unforeseen, accrued or unaccrued, choate or inchoate, both in Law and in Equity.

The term "MOUNTAIN BIKING" shall include all activities, services, and transportation provided for or arranged by the RELEASEES including but not limited to: cycling; bike descents; mountain bike tours: training; use of trails and roads in INSTRUCTIONAL AREAS; races; competitions; instructional courses;  or any other activity related to, incidental to, necessary for or convenient to the riding of bicycles and any other vehicles (whether propelled by the rider thereof, self-propelled, or otherwise) including but not limited to: orientation and instructional session, transportation and accommodation in addition to bicycling, loading, unloading and travel in or movement around INSTRUCTIONAL AREAS; and all other activities in INSTRUCTIONAL AREAS.

The term "INSTRUCTIONAL AREAS" shall mean all areas and facilities used by the RELEASEES for the purpose of HIGHLAND INTERACTIVE CLINICS, whether owned or operated by the RELEASEES or otherwise.

I DESIRE TO RECEIVE INSTRUCTION IN THE ACTIVITY OF MOUNTAIN BIKING PROVIDED BY HIGHLAND INTERACTIVE, LLC, THROUGH CLINICS LOCATED AT INSTRUCTIONAL AREAS. IN CONSIDERATION OF BEING PERMITTED BY RELEASEES TO ENTER UPON INSTRUCTIONAL AREAS AND PARTICIPATE IN HIGHLAND INTERACTIVE CLINICS AND IN RECOGNITION OF THE RELEASEES’ RELIANCE HEREON, I AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

II.     ASSUMPTION OF RISKS

A.       INHERENT RISKS 

I acknowledge and accept that MOUNTAIN BIKING involves risks, dangers and hazards in addition to those normally associated with bicycle riding and that injuries are a common and expected part of MOUNTAIN BIKING. MOUNTAIN BIKING at HIGHLAND INTERACTIVE CLINICS on the premises of INSTRUCTIONAL AREAS will take place on steep and rugged terrain and will expose the rider/participant to many risks, dangers and hazards. The terrain may be uninspected, uncontrolled and unsafe due to any number of conditions, some of which may be constantly changing. I understand that MOUNTAIN BIKING at HIGHLAND INTERACTIVE CLINICS carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by RELEASEES. I also understand that MOUNTAIN BIKING can be extremely strenuous with the accompanying risks and dangers generally present in such activities. I, on behalf of myself, understand and acknowledge that the inherent risks, hazards and dangers include but are not limited to the following:

  • contact or collision with persons or objects (e.g., collision with spectators or course personnel, contact with other riders of bicycles, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles including trees, tree stumps, rocks, debris or other objects;
  • the use of chairlifts and proximity to chairlifts, towers, fences and other man-made structures;
  • mechanical failure of equipment (e.g., broken, defective or inadequate equipment, unexpected equipment failure);
  • rapid and uncontrolled acceleration on hills and declines;
  • changing weather conditions or other weather related hazards (e.g., extreme heat, humidity, rain, fog);
  • natural hazards (e.g. uneven or unsafe terrain (including steep or slippery sections, cliffs, rocks, holes, or crevasses), rock falls, lightning strikes, earthquakes, wildlife attacks (encounters with domestic and non-domestic animals), contact with poisonous plants, marine life, ticks and untested soil/mud contaminated with bacteria or other similar hazards);
  • variations in cycling terrain;
  • falling or being thrown off the mountain bike;
  • judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant); and
  • negligence of other riders.

NOTWITHSTANDING THESE RISKS, DANGERS AND HAZARDS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING INSTRUCTIONAL AREAS AND PARTICIPATING IN THE ACTIVITY OF MOUNTAIN BIKING AT HIGHLAND INTERACTIVE CLINICS WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, OR OTHERWISE.

B.        RISKS RELATED TO COMMUNICABLE ILLNESS

 I acknowledge and agree that RELEASEES may revise their procedures at any time based on updated recommended guidance and protocols issued by federal, state and local public health agencies and further agree to comply with RELEASEES' revised procedures, if any, prior to participating in the services and programs of the RELEASEES. However, RELEASEES cannot guarantee that I will not become infected with a communicable illness. I fully understand and appreciate both the known and potential dangers of participating in HIGHLAND INTERACTIVE CLINICS  and acknowledge that my participation thereof, despite RELEASEES' reasonable efforts to mitigate exposure to any communicable illnesses, may result in exposure, which could result in serious illness, disability, and/or death.

I further understand and acknowledge that any of the risks discussed herein and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, loss of consciousness, dizziness, fainting, seizures, and neurological disorders/pain. Catastrophic injuries are rare; however, participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.

I also understand that it is my responsibility to consult with my personal physician prior to my participation in MOUNTAIN BIKING to ensure that such participation will not pose any unusual risks to my health and well-being. 

I UNDERSTAND FULLY THE INHERENT AND COMMUNICABLE ILLNESS-RELATED RISKS OF MY PARTICIPATION IN MOUNTAIN BIKING AT HIGHLAND INTERACTIVE CLINICS AND ASSERT THAT I AM WILLINGLY AND VOLUNTARILY PARTICIPATING IN SUCH MOUNTAIN BIKING. I HAVE READ THE PRECEDING PARAGRAPHS AND ACKNOWLEDGE THAT: (I) I UNDERSTAND THE DEMANDS OF MOUNTAIN BIKING RELATIVE TO MY PHYSICAL CONDITION; AND (II) I APPRECIATE THE POTENTIAL IMPACT OF THE TYPES OF INJURIES THAT MAY RESULT FROM MOUNTAIN BIKING. I HEREBY ASSERT THAT I KNOWINGLY ASSUME ALL OF THE INHERENT RISKS AND COMMUNICABLE ILLNESS -RELATED RISKS OF MOUNTAIN BIKING AT HIGHLAND INTERACTIVE CLINICS AND TAKE FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITIES, LOSSES, OR EXPENSES THAT I MAY INCUR AS A RESULT OF PARTICIPATING IN MOUNTAIN BIKING AT HIGHLAND INTERACTIVE CLINICS.

       


          

III.  RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:

In consideration of my participation in MOUNTAIN BIKING at HIGHLAND INTERACTIVE CLINICS and my use of the INSTRUCTIONAL AREAS and/or use of RELEASEES’ equipment, services and facilities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows:

1.     To waive, release, covenant not to sue, and discharge any and all CLAIMS that I now have or may in the future have against the RELEASEES and to release the RELEASEES from any and all CLAIMS and liability arising from the inherent risks and communicable illness-related risks discussed herein, EVEN THAT WHICH IS DUE TO THE NEGLIGENCE OF THE RELEASEES, 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  HIGHLAND INTERACTIVE CLINICS , including but not limited to MOUNTAIN BIKING, on the premises of INSTRUCTIONAL AREAS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF RELEASEES, NEGLIGENCE OF OTHER MOUNTAIN BIKERS, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES. This release applies to: (i) any and all CLAIMS related to personal injury (including death) from incidents or illnesses arising from MOUNTAIN BIKING at HIGHLAND INTERACTIVE CLINICS; (ii) any and all of CLAIMS relating to MOUNTAIN BIKING at  HIGHLAND INTERACTIVE CLINICS, including but not limited to, damaged, lost or stolen property, and both contractual and non-contractual claims; and (iii) any CLAIMS based on the actions, omissions, or negligence of RELEASEES, their employees, agents, and representatives, whether a  communicable illness-related infection occurs before, during, or after use of RELEASEES’ facilities or participation in  HIGHLAND INTERACTIVE CLINICS.

2.     To hold harmless, indemnify and defend the RELEASEES from and against any and all CLAIMS and liability for any property damage, personal injury or death to any third party resulting from my participation in MOUNTAIN BIKING  at HIGHLAND INTERACTIVE CLINICS or other activities within the INSTRUCTIONAL AREAS.

IV.           MISCELLANEOUS OTHER AGREEMENTS:

1.     This AGREEMENT and any rights, duties and obligations as between the parties to this AGREEMENT shall be governed by and interpreted solely in accordance with the laws of the State of New Hampshire without regard to the conflicts of law principles thereof. Any litigation involving the parties to this AGREEMENT shall be brought solely within the State of New Hampshire and shall be within the exclusive jurisdiction of the Courts of the State of New Hampshire. 

2.     I understand and agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by law in the State of New Hampshire and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this AGREEMENT and does not affect the validity and enforceability of any remaining provisions.                                                                                                                                                                                           

3.     I affirm that this AGREEMENT supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between us and RELEASEES and cannot be modified or changed in any way by representations or statements by any agent or employee of RELEASEES. Rather, this AGREEMENT may only be amended by a written document duly executed by all parties.

 4.     I represent and warrant that I am in good health and in proper physical condition to safely participate in MOUNTAIN BIKING. I certify that I have no known physical or mental conditions that would affect my ability to safely participate in MOUNTAIN BIKING, or that would result in such participation creating a risk of danger to myself or to others. I represent and warrant that I am in full command of my faculties and am not under the influence of alcohol or drugs. I assert that I have not been advised or cautioned against participating in MOUNTAIN BIKING by a medical professional. In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate personnel of the RELEASEES and/or emergency medical personnel to make emergency medical decisions on my behalf.

5.     I agree that RELEASEES may video record and photograph me and record my voice during and in connection with such MOUNTAIN BIKING at HIGHLAND INTERACTIVE CLINICS. I agree that RELEASEES shall be the exclusive owner of all copyright and other rights in and to any such taping, photography and recording and shall have the right forever and throughout the world to use the results of such taping, photography and recording in any medium in the advertising and promotion of their products and/or services without any compensation paid to me.

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

HAVE AGAINST THE RELEASEES. I further acknowledge that I am freely and voluntarily signing the AGREEMENT and I am freely and voluntarily participating in MOUNTAIN BIKING, and intend my signature to be a complete and unconditional release of all liability against the RELEASEES on behalf of myself.

I acknowledge and certify that I am at least 18 years old, have read this Agreement and fully understand its terms.

I have watched the Highland Mountain Bike Park awareness video and I have a clear understanding of the type of terrain I am likely to encounter while MOUNTAIN BIKING at  HIGHLAND INTERACTIVE CLINICS.

Signed this day of September 7, 2024. 


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

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Sixth Participant's Date of Birth*
Seventh Participant's Name

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

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Ninth Participant's Date of Birth*
Tenth Participant's Name

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Tenth Participant's Date of Birth*
Participant's Address
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Address Line 2:
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Emergency Contact

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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*

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Phone*
Parent or Guardian's 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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