LAKEWOOD BEGINNER-INTERMEDIATE MOUNTAIN BIKING, A MEETUP GROUP (“LMB”)
ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
LMB and its activities are led by an Organizer, several Assistant Organizers and any other riders assisting in the event (“
LMB Leadership Team”). LMB activities include all activities, services, and use of facilities provided for or arranged by the LMB Leadership Team including, but not limited to, cycling, bike descents, mountain bike tours, training, use of trails and roads in recreational areas, instructional courses or any other activity related to the riding of bicycles and any other vehicles including, but not limited to, orientation and instructional sessions, transportation, accommodation and recreational activities in addition to bicycling, loading and travel in or movement around recreational areas, and all other activities in recreational areas (collectively, “
This agreement (“
Agreement”) sets forth certain terms and conditions for your participation in LMB, including your assumption of risks, release of liability, waiver of claims and indemnification of LMB and LMB Leadership Team. You (“
Rider”) will be requested to sign a participation sheet (“
Participation Sheet”) at each LMB event acknowledging your assumption of risks, release of liability, waiver of claims and indemnification of LMB and LMB Leadership Team.
THIS IS A WAIVER OF LEGAL RIGHTS!
ASSUMPTION OF RISKS
By joining and participating in LMB, Rider acknowledges and accepts 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 takes place on steep and rugged terrain and will expose Rider to many risks, dangers and hazards. The terrain may be uninspected, uncontrolled and unsafe due to constantly changing conditions. The inherent risks, hazards and dangers include, but are not limited to, the following:
• Collision with other riders, vehicles, bicycles, trees, tree stumps, tree wells or other fixed or moving objects;
• The use of and proximity to fences and other manmade structures;
• Mechanical failure of equipment and inadequate safety equipment;
• Rapid and uncontrolled acceleration on hills and inclines;
• Changing weather conditions;
• Unsafe terrain, including steep or slippery sections, cliffs, rocks, holes or crevasses;
• Extreme variation in cycling terrain;
• Encounters with domestic and non-domestic animals;
• Negligence on the part of LMB and LMB Leadership Team, including their failure to protect the Rider from the risks, dangers and hazards of Mountain Biking or to predict whether the terrain is safe for Mountain Biking; and
• Negligence of other riders.
In addition to the risks described above, there are other risks, hazards and dangers associated with the Rider’s participation in LMB, including, but not limited to, the following:
• While LMB was created for riders to find friends for Mountain Biking and is not a dating site, there can be predators in any group. If Rider is harassed or stalked by another member, Rider should notify LMB Leadership Team. The harassing party will be warned once and removed upon further violation; and
• LMB activities may include planned get-togethers involving alcoholic beverages for which members should act responsibly in accordance with common sense and State and local laws; and
• LMB Leadership Team may post photographs of LMB events on the LMB website which include images of Rider. Rider may request the removal of any photograph on the LMB website by contacting the Organizer.
BY SIGNING THE PARTICIPATION SHEET, RIDER ACKNOWLEDGES THAT HE IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING, LMB ACTIVITIES AND POSTED PHOTOS AND FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. RIDER ACKNOWLEDGES THAT ALL OR ANY SUCH RISKS, DANGERS AND HAZARDS MAY .
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Rider’s participation in LMB Mountain Biking, Rider agrees as follows:
1. To waive any and all claims that Rider and Rider’s heirs, next of kin, executors, administrators, assigns and representatives (collectively, “
Rider Releasors”) now have or may have in the future against LMB and LMB Leadership Team and to release from and hold harmless and promise to indemnify and not sue LMB and LMB Leadership Team for any and all liabilities and claims EVEN THAT WHICH ARE DUE TO THE NEGLIGENCE OF LMB OR LMB LEADERSHIP TEAM for any loss, damage, expense or injury, including death, that the Rider or any other person or property may suffer, directly or indirectly, as a result of Rider’s participation in any LMB activity or the posting of any photograph of Rider participating in any LMB activity. Participation includes, but is not limited to, Mountain Biking or transportation to or from a LMB location, DUE TO ANY CAUSE WHATSOEVER, INCLUDING THE NEGLIGENCE OF LMB OR LMB LEADERSHIP TEAM, NEGLIGENCE OF OTHER MOUNTAIN BIKERS, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF LMB OR LMB LEADERSHIP TEAM, AND INCLUDING THE FAILURE ON THE PART OF LMB AND LMB LEADERSHIP TEAM TO SAFEGUARD OR PROTECT THE RIDER FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING AND LMB ACTIVITIES DESCRIBED ABOVE. Rider’s indemnification of LMB and LMB Indemnification Team shall include the payment of any defense costs, attorney’s fees and other expenses of any type, caused by or resulting from Rider’s participation in LMB or the posting of any photograph of Rider participating in any LMB activity .
2. Rider represents that he has no physical or medical condition, which to his knowledge, would endanger himself or others if he participates in any LMB activity.
3. Rider will abide by the LMB Rules and Guidelines as posted at the LMB website and as may be amended from time to time and any other directives as given by the LMB Leadership Team at events.
4. This Agreement shall be effective and binding upon Rider and all Rider Releasors.
5. Rider acknowledges that he is not relying on any oral or written representation or statements made by LMB or LMB Leadership Team with respect to LMB or the safety of Mountain Biking, other than what is set forth in this Agreement.
6. This Agreement and any rights, duties and obligations between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Colorado, without regard to the conflicts of laws. Any litigation involving the parties to this Agreement shall be brought solely within the State of Colorado and shall be within the exclusive jurisdiction of the courts of the County of Lakewood. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision will be fully severable. The remaining provisions of this Agreement will remain in full force and effect. In lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. Terms in this Agreement will be deemed to refer to the masculine, feminine, neuter, singular and plural, as they identify the person or persons may in the context require. This Agreement can only be modified in writing signed by LMB and the Rider. Any waiver of any provision shall not be construed as a modification of any other provision herein or as a consent to any subsequent waiver or modification.
BY SIGNING THE PARTICIPATION SHEET, RIDER CONFIRMS THAT HE HAS READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND IS AWARE THAT BY SIGNING THE PARTICIPATION SHEET HE IS WAIVING CERTAIN LEGAL RIGHTS WHICH HE OR HIS HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST LMB AND LMB LEADERSHIP TEAM.
Version April 2010