BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS ON BEHALF OF YOUR MINOR CHILD OR WARD, INCLUDING THE RIGHT TO SUE, FOR NEGLIGENCE, BREACH OF CONTRACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY! TUNE UP EVENTS, LLC., WHATCOM MOUNTAIN BIKE COALITION, PAPER WHALE ARTS, RACE CASCADIA, FREERIDE MOUNTAIN BIKE WORLD TOUR, RADICAL ROOTS, GALBRAITH GRAVITY RACING, BACKCOUNTRY MEDICAL GUIDES, TRANS CASCADIA EXCURSIONS, DIG DEEP TOURS, INTRINSIC FLOW, IMBA TEAM DIRT, HUCKWAGONS, WALK AND ROLL BELLINGHAM, SHIFTING GEARS, RECREATION NORTHWEST TRAILS COALITION, GALBRAITH TREE FARM, LLC, the CITY OF BELLINGHAM, PORT OF BELLINGHAM, POLYGON FINANCIAL O5, LLC, WA DEPARTMENT OF NATURAL RESOURCES, LARRABEE STATE PARK, WHATCOM COUNTY AND ALL ASSOCIATED, AFFILIATED AND SUBSIDIARY COMPANIES OF ANY OF THE FOREGOING, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, GUIDES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, HOSTS, VOLUNTEERS, SPONSORS, SUCCESSORS AND ASSIGNS
(COLLECTIVELY REFERRED TO AS THE “RELEASEES”). ASSUMPTION OF RISKS “PARTICIPANT” OR “I” MEANS EACH INDIVIDUAL LISTED ON THIS FORM PARTICIPATING IN THE NORTHWEST TUNE-UP FESTIVAL ACTIVITY (DEFINED BELOW). THE “UNDERSIGNED” MEANS THE PARTICIPANT, AND WHEN A PARTICIPANT IS UNDER AGE 18, IT INCLUDES SUCH PARTICIPANT’S PARENT OR LEGAL GUARDIAN SIGNING ON BEHALF OF HIMSELF/HERSELF AND ON BEHALF OF THE MINOR PARTICIPANT. THE UNDERSIGNED UNDERSTAND AND AGREE THAT TAKING PART IN ACTIVITY, WHICH INCLUDES BUT IS NOT LIMITED TO CONGREGATING IN GROUPS IN OPEN SPACES, ATTENDING LIVE MUSIC PERFORMANCES, MOUNTAIN BIKING, BIKE RENTAL OR DEMO, BIKE RACING (HEREINAFTER THE “ACTIVITY”) CAN BE HAZARDOUS AND PRESENTS A RISK OF PHYSICAL INJURY OR DEATH. The Undersigned is aware of and expressly ASSUME ALL RISKS associated with Participant’s participation in the Activity, known or unknown, inherent or otherwise; the Undersigned agree and understand these risks include, but are not limited to, risks, dangers and hazards associated with: slick or uneven walking surfaces; marked and unmarked obstacles; mechanical failure of the Undersigned / Participant-provided equipment or the equipment of bike rental or demo providers; changing or inclement weather; diminished visibility; rock, earth, water and other natural objects; trees, tree stumps, branches and forest deadfall; changes or variations in terrain which may create blind spots or areas of reduced visibility; changes or variations in the trail or walking surface or sub-surface; physically strenuous activity; rugged mountainous terrain and varying, difficult, or challenging trail conditions; streams, creeks, and exposed holes in the ground above streams or creeks; cliffs; road-banks, or cut-banks; constructed obstacles or features; collision with natural objects, fences, trail construction equipment, vehicles, structures or buildings; collision with other persons, equipment, or vehicles; vehicular traffic; sharing trail facilities and Event venues with other persons and the actions of such persons including, but not limited to, participants, volunteers, spectators, producers of the Event or other persons, whether or not directly involved and/or not directly involved in the Activity; guided or unguided drills or exercises; failure of protective barriers and fencing; loss of balance or control; slips, trips and falls; encounters with domestic and wild animals including dogs, mountain lions, and bears; hearing loss; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent rescue or first aid; failure to act safely or within one’s own ability or to stay within designated areas; unforeseen or criminal acts of third parties, including active shooter incidents, terrorist attacks, or mass casualty events; negligence of other Participants and other persons; travel to the Event, whether in or on Participant’s conveyance or the conveyance of a third party, following the direction of Activity officials, and NEGLIGENCE ON THE PART OF THE RELEASEES, any or all of which may result in personal property damage, severe bodily injury, illness, permanent disability, or death or loss resulting therefrom. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards referred to above. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the Event areas and that many hazards are unmarked. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal property damage, severe bodily injury, illness, permanent disability, or death or loss resulting therefrom, and I choose to participate in the Activity. RELEASE OF LIABILITY, WAIVER OF CLAIMS, RESPONSIBILITIES, AUTHORIZATIONS, AND INDEMNITY AGREEMENT In consideration of the Releasees providing the Activity and access to the Activity facilities and venue, and permitting my use of the Activity venue, trails, terrain, food outlets, parking lots and areas, access roads and other Event area facilities (hereinafter referred to as “the premises”) and my participation in the Activity, I hereby agree as follows: 1. Waiver and Release
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 use of or presence on the Event areas, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Releasees. I understand that negligence includes the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards referred to above. 2. Indemnification
I voluntarily agree to INDEMNIFY and HOLD HARMLESS THE RELEASEES FROM ANY AND ALL CLAIMS, whether presented by or on behalf of the Participant , or a third party, related in any way to the Activity, other mountain activities, and/or associated activities; including but not limited to any and all claims FOR PERSONAL INJURY, SERIOUS AND/OR FATAL PERSONAL INJURY, DEATH, PARALYSIS, TRAUMATIC BRAIN INJURY, PERMANENT DISABILITY, EMOTIONAL DISTRESS, EMOTIONAL TRAUMA, EMOTIONAL DAMAGES, ILLNESS, SEVERE SOCIAL, ECONOMIC AND NON-ECONOMIC DAMAGES AND LOSSES, PROPERTY DAMAGE, SPECIAL DAMAGES, THEFT, FINANCIAL HARDSHIP, OTHER DAMAGES, OR ACTIONS OF ANY KIND, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE. If the Participant is a minor, the minor Participant agrees to this clause as permitted by law. Further, I agree to pay any and all legal fees incurred by Releasees which may arise from any claims, actions, or lawsuits by or on behalf of Participant, a third party, or their respective heirs, executors, administrators, and/or legal guardians or custodians. 3. Rental Equipment
If the Participant rents or demos equipment, including but not limited to bicycles, helmets, protective equipment, I agree to accept for use the equipment rented “as is,” accept responsibility for the care of the equipment during the rental period, and agree to be responsible for replacement at full value of any equipment not returned or returned in a damaged condition. I have not made any misrepresentations regarding the Participant’s height, weight, age, and/or ability level and represent that the Participant will be the only person using the equipment. I agree to assume and accept any and all known and unknown risks of injury to the Participant while using rental equipment. 4. Participant’s Equipment If the Undersigned or the Participant provides their own equipment such as a mountain bike, or other equipment or device to be used in the Activity, I represent that all such self-provided equipment is suitable for the Activity, in good condition, well maintained, and appropriate for the size and weight of the Participant. I further agree to accept all responsibility for the such suitability, condition, maintenance, sizing and custody of such self-provided equipment, and agree to assume and accept any and all known and unknown risks of injury to the Participant while using their self-provided equipment. 5. Responsibilities, Acknowledgements, Authorizations A. I understand that the USE OF HELMETS IS REQUIRED FOR MOUNTAIN BIKING. I also understand that helmets, safety equipment, proficiency checks, supervision and/or enforcement of rules or policies DO NOT AND CANNOT GUARANTEE PARTICIPANT’S SAFETY. B. I understand that any instruction or coaching I may receive is a suggestion, and that I AM THE SOLE JUDGE OF MY ABILITIES, and I am responsible for my actions, decisions, and judgment, including but not limited to selecting and using runs and/or facilities of my ability level. C. I certify that with my experience, capabilities, and current physical, mental, and emotional condition that I AM QUALIFIED TO PARTICIPATE IN THE ACTIVITY including but not limited to MOUNTAIN BIKING, AND OTHER ON-MOUNTAIN ACTIVITIES AND THAT I HAVE NOT BEEN ADVISED OTHERWISE BY A MEDICAL PROFESSIONAL. D. I AUTHORIZE AND CONSENT TO ANY FIRST AID, medical treatment, or transport, including but not limited vehicle transport, that is deemed appropriate by a first aid provider acting within the scope of their training; however, I understand that such FIRST AID AND/OR RESCUE ASSISTANCE MAY NOT BE POSSIBLE OR MAY BE DELAYED given the rugged and remote mountain environment, and the inherently dangerous nature of the mountains and the Activity. E. I understand safety protection devices, supplies, and/or equipment, including but not limited to netting, physical barriers, and evacuation equipment, cannot guarantee my safety. F. I will comply with all rules and regulations of participation in the Activity. G. I am responsible for reading, understanding and complying with all signage, including instructions on use of any equipment involved in the Activity. H. I acknowledge that I may encounter motorized equipment or vehicles related to the Activity at any time. I. I acknowledge that falls and collisions occur and that injuries are a common and ordinary occurrence of the Activity. 6. Minors
By signing on behalf of a minor/infant or other Participant, I represent that I am authorized to sign on the Participant’s behalf and/or that I am the parent or legal guardian of the minor/infant Participant and acknowledge that such Participant is bound by all the terms of this Release Agreement. I understand that the minor/infant Participant would not be permitted to take part in activities on the premises unless I agree to the terms of this Release Agreement. I understand that a minor Participant may participate in the Activity at the various Event venues without an adult present. The Undersigned understands and agrees that a minor Participant may participate in the Activity, may enter and use the Activity venues and may use bicycles without a Releasee official or other adult present. 7. Transportation Consent The Undersigned hereby grant permission for the minor Participant to be transported by Event staff in a 15-passenger van other authorized vehicle in relation to the Activities.I understand that such transportation involves certain inherent risks which are beyond the control of the Releasees and agree that the release and indemnification provisions of this Release Agreement shall also apply to such transportation. 8. Photo & Media Release I hereby authorize TUNE-UP EVENTS, LLC to use my name, and images of me or my likeness, including, but not limited to films, videos, photographs and otherwise on any medium, including, but not limited to Facebook, websites, blogs, brochures, newsletters, that were taken or prepared during the Event. 9. Binding Effect
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. 10. Governing Law
This Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Washington. 11. Jurisdiction and Venue
Any litigation involving the parties to this Release Agreement shall be brought solely within Whatcom County, Washington. 12. Severability
If any provision of this Release Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of mountain biking, amplified music or any other Activity other than what is set forth in this Release Agreement. **I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE** |
