EXPRESS ASSUMPTION OF RISK
The participant identified below is at least 18 years old ( the Adult), (if participant is younger than 18 years (Minor), the Minors parent or legal guardian (the Adult) has read this agreement and has signed it on behalf of him/herself and the Minor). The Adult participant or the Minor participant and the Minors parent or legal guardian collectively, will be referred to herein as the Undersigned. Participant refers to the person actually taking part in some or all of the running/walking, snowshoeing, cross country Nordic skiing and/or mountain bike riding (Activity) on the designated Kingdom Trails trail system. The Undersigned understand that the Participant will not be permitted to take part in the Activity unless the Assumption of Risk agreement is fully executed. Participant will execute this agreement for each and every day he/she engages in some or the entire mountain bike riding on Kingdom Trails system.
Undersigned understand that the Activity in which Participant will be engaged involves risks, known or unknown, inherent or otherwise, and that some of which are described herein. Undersigned understand that the Activity involves strenuous physical activity that may be hazardous to some people due to their physical condition and that outdoor activities involve dangers and risks that can lead to serious injury and/or death.
MOUNTAIN BIKING AND NORDIC SKIING IS A DANGEROUS AND HAZARDOUS ACTIVITY THAT CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking participation involves activity on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. Mountain biking is a HAZARDOUS activity that involves risks, including, but not limited to, steep slopes and inclines, uneven terrain, rocks of various sizes, adjacent trees, roots, tree stumps, treadway drops, holes, depressions, dirt features and other constructed features such as bridges, bumps, berms, jumps, drops, elevated earthen ramps, uneven and/or slippery trail conditions, varying slopes, variation in terrain, forest growth, loose gravel and dirt, wet surfaces, downed timber, debris, collisions, other riders, pedestrians, heavy equipment and vehicles. Trail conditions and features may change quickly due to weather, use and other factors. NORDIC SKIING participation is on a groomed and/or packed snow surface and involves technical ability to manage slopes, uneven terrain and descents on a slippery surface. Surface conditions are consistently variable and a participant may experience a variable conditions while skiing including ice, hard pack, obstacles, frozen impediments, low hanging branches, collisions, downed timber, water, sink holes, clumped debris, grooming equipment and vehicles. Undersigned understands that there are risks involved in decision-making and the participants conduct, as well as that of other participants.
By signing this agreement, Undersigned acknowledges the risks associated with the Activity and, as a condition to Participant engaging in the Activity. Undersigned agree to Therefore, in consideration of all of the above to agree that he/she will not make any claim nor bring any suit for any damages, injury, or death, which results from any such inherent risks, as the Undersigned have agreed that are defined herein. Undersigned also agree, that in the event that anyone makes any claim against Kingdom Trail Association, Inc. or any of its officer, directors, agents, and/or employees, as a result of any participation in the Activity on their premises or the use of their facilities, that the Undersigned will indemnify and hold harmless Kingdom Trail Association, Inc. from such claims.
Undersigned further agree that any dispute arising out of this contract and/or from any use by him/her of any of the premises or facilities on Kingdom Trails shall be litigated exclusively in the Superior Court of Caledonia County, Vermont or the U.S. District Court for the District of Vermont. Undersigned also agree to abide by the terms of any rules of conduct and the Responsibility Code posted on Kingdom Trails or contained on its seasonal trail maps or brochures.
By placing a signature below, Undersigned acknowledge that he/she have carefully read this Express Assumption of Risk Agreement and fully understand its contents. Undersigned fully agree that this contract is binding upon themselves, his/her heirs and assigns, and to the extent that the Undersigned signing this document on behalf of a minor, represent and guarantee that he/she have full authority to do so realizing the full binding effect of this Agreement on the Minor as well as the Undersigned.
NOTE: PARENT (or GUARDIAN) of the MINOR MUST SIGN THIS AGREEMENT