PARTICIPATION, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I acknowledge that I have voluntarily requested to use the recreational trails offered 4th & Forward LLC to mountain bike, hike, and or run at no cost. I AM AWARE THAT THE USE OF THISE TRAILS INCLUDE DEMONSTRATION OF MOUNTAIN BIKING SKILLS AND TECHNIQUES SUCH AS CORNERING, BRAKING, AND OTHER PHYSICALLY STRENUOUS MOVEMENTS REQUIRED TO CONTROL A MOUNTAIN BIKE ON NATURAL SURFACE TRAILS AND MAN-MADE FEATURES. I AM AWARE THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED IN THE EVENT OF A CRASH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. WAIVER: In consideration of permission to use the trails at 4th & Forward I, on behalf of myself, my heirs, personal representatives, or assigns, DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE 4th and Forward, its directors, employees, volunteers, independent contractors, and agents from liability FROM ANY AND ALL CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE. This agreement applies to 1) personal injury (including death) from accidents or illnesses arising from use of 4th & Forward Trails and to 2) any and all claims resulting from the damage to, loss of, or theft of personal property. ASSUMPTION OF RISK: Mountain biking, by its nature, carries with it inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The use of trails at 4th & Forward involves demonstration of mountain biking skills and techniques that require quick movements involving speed and change of direction, exertions of strength, and can involve stress on the cardiovascular system. The trails at 4th & Forward are free and open to the public which will also involve other participants, which present hazards associated with multiple users in a defined space. The specific risks involved in mountain biking can range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as concussions, broken bones, and heart attacks to 3) catastrophic injuries including paralysis and death. I AGREE TO FOLLOW ALL POSTED AND/OR ANNOUNCED SAFETY RULES, AND ALL RULES COMMON TO MOUNTAIN BIKING. I agree to report any unsafe practices, conditions, or equipment to the management. MEDICAL HISTORY: I certify that 1) I possess a sufficient degree of physical fitness to safely participate use the trails at 4th & Forward as intended, 2) I understand that I am to discontinue any activity at any time I feel undue discomfort or stress, and 3) I will indicate below any health-related conditions that might affect my ability to safely. EMERGENCY MEDICAL CARE: I understand persons representing 4th & Forward may not always be present onsite. In the event of a medical emergency, I understand it is my responsibility to seek care from authorized persons. I authorize and give my consent and permission for 4th & Forward representatives to provide any and all medical assistance, including but not limited to first aid, arranging treatment by medical personnel, physicians, nurses, or paramedics, and to authorize any emergency medical treatment. I further understand that in the event of a medical emergency that I WILL BE FINANCIALLY RESPONSIBLE FOR ANY EXPENSES INVOKED. INSURANCE: I understand that I am solely responsible for any medical, health, or personal injury costs relating to my participation use of trails at 4th & Forward. INDEMNIFICATION AND HOLD HARMLESS: I also agree to HOLD HARMLESS AND INDEMNIFY 4th & Forward LLC. from all claims resulting from my negligence and to reimburse them for any expenses incurred as a result of my use of their trails. I further agree to pay all costs and attorneys’ fees incurred by 4th & Forward LLC. in investigating and defending a claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that 4th & Forwards LLC is not responsible for the injury or loss. I have read the previous paragraphs and I KNOW THE NATURE OF THE ACTIVITIES included in the use of trails at 4th and Forward. I UNDERSTAND THE DEMANDS of those activities relative to my physical condition and skill level, and I APPRECIATE THE TYPES OF INJURIES that may occur. I HEREBY ASSERT THAT MY PARTICIPATION IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS. ACKNOWLEDGMENT OF UNDERSTANDING: I HAVE READ THIS WAIVER of liability and indemnification agreement and fully understand its terms. I UNDERSTAND THAT BY SELECTING ACCEPT ON THE WEB FORM I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am accepting this agreement freely and voluntarily, AND INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY. |