In consideration of the services of Enjoy the Mountain LLC, their agents, owners, partners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred as ETM), I hereby agree to release, indemnify, and discharge ETM, on behalf of myself, my family, my heirs, assigns, representatives and estate as follows: 1) I acknowledge that my participation in ANY of ETMs services / activities is very dangerous and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to: There is a possibility of slippery and rough terrain, passengers can fall off the vehicle, be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers, equipment or vehicles; mountain trails and pathways are constantly used by other vehicles, pedestrians, cyclists, hikers, domestic and wild animals (including but not limited to rattlesnakes, bears, coyotes, mountain lions, bobcats, rodents, eagles / birds), etc which might unexpectedly get on your way, attack / bite you, cross ahead of you, collision the vehicle; weather and natural conditions might change quickly and without warning in the mountain, sunlight, dazzle, glares, extreme heat or cold, rain, winds, thunder, lightning, storms, floods, snow, ice, hail, earthquakes, tornadoes, etc; injuries can be sustained from the trail and its surroundings, equipment or from items on the trail such as but not limited to, holes, bumps, ruts, cliffs, obstacles, tree limbs, branches, rocks and many other kinds of natural and artificial obstacles; major injuries are a risk, as are bruises and sprains; musculoskeletal injuries including head, neck and back injuries; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; further, passengers can be thrown off the vehicles which can result in any of the above events occurring; accidents involving other vehicles; collision with fixed or movable objects: flipping over; accidents or illness can occur in remote places without medical assistance or facilities. I acknowledge that additional COVID-19 risks exist as part of this activity and I agree to follow CDC and local guidelines in their entirety, including but not limited to need for face covering, social distancing and riding only with members of my single family or household. Furthermore, ETM employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I agree to follow at all times the directions and instructions provided by ETM's employees.I understand that my activity can be terminated at any time upon the discretion of ETM's employees if they consider that you are not following instructions or endangering yourself, other riders,ETM's employees or property, the environment or any other third party. In the event that your activity has to be terminated by an ETM employee, the cost of the activity will not be refunded. 2) I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I also certify that I have not had any known interactions with anyone affected by COVID-19, and that I have not shown COVID-19 related symptoms at least within the last 14 days 3) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ETM from any and all claims, demands, or causes of action, which are connected in any way with my participation in this activity or my use of ETMs equipment or facilities, including any such claims which allege negligent acts or omissions of ETM. 4) Should ETM or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have consulted with a doctor and I am willing to assume the risk of any medical or physical condition I may have. 6) In the event that I file a lawsuit against ETM, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 7) Mechanical failures, broken parts, flat tires, etc are likely to happen in case of accident or misuse and are also responsibility of the renting party, and these can occur in remote locations where assistance and vehicle service might not be available and from where towing services are very costly. Any recovery efforts and repairs are $90 per hour of labor + OEM parts at manufacturer's MSRP price. In the event of accident or damage, I understand that I will also be responsible for a $75 ATV inspection fee, any towing / recovery costs and for any "loss of use" due to missed appointments or due to the fact that the damaged vehicle cannot be rented while it is being repaired. 8) I accept to obey and follow all the applicable laws, public regulations and ETM rules: Always follow California state OHV rules and regulations. Always wear a helmet Only ride where the State Law of California allows to do so, only ride on the permitted trails for your vehicle type and never ride outside of the designated trails Never operate a vehicle of any kind under the influence of drugs or alcohol Never drive faster than fully in control for your skill level, independently of the speed of your guide, tour partners or others riding in the area. Drive even slower when required by trail conditions, in blind corners, downhill, through bumpy trails and where designated by local rules or road / trail signs. Do not drive through boulders / obstacles higher than the vehicle ground clearance. Always drive as a group and never split the group. Always keep the safety distance in between riders. If your vehicle has any apparent defect or damage, stop immediately, don't ride or move it nor let anyone do so either. Let your guide know immediately or contact ETM and follow directions I accept to be tracked by GPS and recorded / photographed for commercial and security purposes as required 9) Do not ride if you believe that you have not been properly trained or lack experience. 10) ETM strongly encourages all drivers and passengers to take the ATV Safety Institute ATV e-course 11) Thoroughly read the ATV Riding materials from the http://www.atvsafety.org website. 12) Carefully review and understand the contents of the http://www.ohv.parks.ca.gov website. 13) I have decided to park my vehicle at my own risk and I understand that ETM is not responsible for any damages or vandalism to my parked vehicle or the contents inside of it, nor for any parking tickets or towing expenses. By Signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ETM on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its term. |
