PARTICIPANT AGREEMENT On behalf of myself (and my minor child/ward if applicable), I affirm that my/our participation in NEMBA is entirely voluntary, and I/we understand that participation in NEMBA involves a risk of injury due to certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from minor injuries such as scratches, bruises, and sprains, to catastrophic injuries, including death. I/we understand that if I/we have questions about possible hazards, it is my/our responsibility to seek additional information from NEMBA staff, volunteers, and/or authorized personnel (hereby “NEMBA Authorized Personnel”) prior to signing this Release. I/we also understand that, despite safety precautions, NEMBA and/or its representatives and agents, the managing agencies operating the public land and/or the private landowners on which the NEMBA activity is held, their respective current and former officers, directors, employees, agents, attorneys, members, participants, affiliates, volunteers, successors, and assigns, (hereby “Released Parties”) cannot guarantee that I/we will not be injured. I/we agree to assume these risks. I/we understand that the best way to make sure that I/we remain safe and avoid injury is to follow the rules, regulations, and instructions of the staff of NEMBA. I/we agree that I/we will learn and obey all the rules and regulations and will follow all instructions of the staff of NEMBA. I/we agree and affirm that it is my/our obligation to ensure the safety of my/our own equipment, including but not limited to all biking gear. I/we take full responsibility for having appropriate skills, physical conditioning, equipment and supplies for any and all NEMBA activities that I/ we participate in. I/we understand and acknowledge that attending and/or participating in NEMBA activities may involve certain risks above and beyond the control of NEMBA and the Released Parties. I, on behalf of myself (and my minor child/ward if applicable), do hereby and forever release, acquit, discharge and covenant to hold harmless the Released Parties from any and all actions, causes of action, claims, demands, damages, loss of service, loss of consortium, expenses and compensation on account of, or in any-way growing out of, any and all personal injuries and property damages, whether based in tort, negligence, statute, contract or otherwise, including, but not limited to, accidents, injuries, catastrophic injuries, emergencies, exposure to reckless conduct of other persons, including other participants, volunteers, and visitors, natural disaster, world events, pandemics, including but not limited to COVID-19, terrorism, and/or negligence of medical personnel, suffered by me and/or my minor child/ward, if applicable, which may arise at any time while I/we am/are participating in NEMBA programming, including but not limited to NEMBA rides, trail work, skills clinics, trail schools, camping trips, festivals, events, socials, and/or meetings, and which I/we may hereafter have. I, on behalf of myself (and my minor child/ward if applicable), further promise to reimburse the Released Parties any sum of money which they have been compelled to pay, because of any injury or damage, or for any reason, on behalf of myself and/or my minor child/ward, if applicable, while participating in NEMBA programming. I/we understand that there are risks inherent in the activities I/we will engage in at NEMBA (some of which are described above) which may cause serious injury or even death. I/we also understand that, despite safety precautions, neither NEMBA, nor any of the Released Parties, can guarantee that I/we will not be injured. I/we am/are willing to assume these risks. To minimize the risk, I/we agree to obey all the rules, regulations, and instructions of NEMBA. ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE AND AGREEMENT NOT TO SUE: In consideration for allowing me (and my minor child/ward if applicable), to participate in NEMBA programming, I, voluntarily agree, for myself, my heirs, executors, and administrators, and, if applicable, for my minor child/ward’s heirs, executors, and administrators, to the following: 1. TO THE TERMS OF THE PARTICIPANT AGREEMENT ABOVE. 2. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, OR PERSONAL INJURY, that may be sustained by me and/or my minor child/ward, if applicable, and/or any loss or damage to property owned by me and/or my minor child/ward, if appliable, as a result of attending and/or participating in NEMBA events and/or activities and/or traveling to or from NEMBA events and/or activities. 3. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, & AGREE NOT TO SUE the Released Parties named above, from any and all liability, claims, actions, demands, expenses, attorneys fees, breach of contract actions, breach of statutory duty, and/or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I and/or my minor child/ward, if applicable, might now have or may acquire in the future, more fully described in the participant agreement above, arising out of or related to any loss, damage, and/or injury, including death, that may be sustained by me and/or my minor child/ward, if applicable, or to any property belonging to me and/or my minor child/ward, if applicable, as a result of attending and/or participating in NEMBA events and/or activities and/or traveling to or from NEMBA events and/or activities. On behalf of myself and my minor child/ward, if applicable, I also agree to indemnify NEMBA for all claims arising out of my and/or my minor child/ward‘s, if applicable, participation in NEMBA events and/or activities and/or traveling to or from NEMBA events and/or activities. 4. THAT IF ANY TERM OF THIS RELEASE is held by a court of competent jurisdiction to be invalid or unenforceable, then this Release, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 5. THAT THIS RELEASE SHALL BE GOVERNED BY AND CONSTRUED in accordance with the laws of the Commonwealth of Massachusetts. Any controversy between the parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall, on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the laws of the Commonwealth of Massachusetts. ACKNOWLEDGMENT By signing below, I, on behalf of myself (and my minor child/ward, if applicable), acknowledge that I/we understand, have carefully read, and agree to the terms outlined above, and that I/we fully understand the risks associated with participating in NEMBA events and/or activities, and the consequences of signing this Agreement/Waiver knowingly, freely, and willingly. I understand that my typed or e-signature, below, is binding and shall be considered to be the same as my handwritten signature for the purposes of legal validity, enforceability, and admissibility. Medical Authorization I certify that I, and my minor child/ward, if applicable, am/are physically and mentally capable of engaging in NEMBA programs, including but not limited to, NEMBA rides, trail work, skills clinics, trail schools, camping trips, festivals, events, socials, and meetings. I certify, to the best of my knowledge, that neither I nor my minor child/ward, if applicable, have any contagious or communicable disease or condition. I/we understand that NEMBA is not responsible for illness due to previous injuries, poor health conditions, or illness incidental to participating in NEMBA programs. If there should be an emergency while I, and/or my minor child/ward, if applicable, am/are participating in NEMBA activities, I on behalf of myself and my minor child/ward (if applicable), authorize treatment by NEMBA Authorized Personnel. I on behalf of myself (and my minor child/ward, if applicable) authorize NEMBA Authorized Personnel to select and designate emergency medical personnel, nurses, physicians, and/or surgeons to furnish emergency medical services, should it be necessary, and to arrange transportation and admittance to a hospital in case of emergency. In the event my emergency contact cannot be reached in an emergency, I on behalf of myself, (and my minor child/ward, if applicable) hereby give permission to the medical staff selected by NEMBA to hospitalize, secure and administer proper treatment, and to order injection, anesthesia and/or surgery. I/we agree to the release of any records necessary for insurance purposes. This Assumption of Risk, Waiver of Liability, Release and Agreement not to Sue (“Agreement”), along with this Medical Authorization, shall remain effective for one year (365 days) from signing, unless sooner terminated in writing. I, on my own behalf, (and on behalf of my minor child/ward, if applicable), hereby warrant that I/we have read this Assumption of Risk, Waiver of Liability, Release and Agreement not to Sue (“Agreement”) in its entirety, including the Medical Authorization, and fully understand its contents. I, on my own behalf, (and on behalf of my minor child/ward, if applicable), am aware that this Agreement release the Released Parties from liability and contains an acknowledgement of my voluntary and knowing assumption of the risk of injury, as more fully described above. I, on my own behalf (and on behalf of my minor child/ward, if applicable), have agreed to the terms of this Agreement voluntarily and of my/our own free will. In the event a participant/member is not a minor, the participant/member, in the participant/member’s individual capacity, agrees to the foregoing and agrees and acknowledges that all representations made herein as they relate to child/ward/minor are hereby made on behalf of him or herself, including but not limited to all waivers, releases, and authorizations hereunder. I understand that my typed or e-signature, below, is binding and shall be considered to be the same as my handwritten signature for the purposes of legal validity, enforceability, and admissibility. |
