TODAY'S DATE: April 26, 2024 IN SIGNING THIS DOCUMENT YOU WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE IN COURT. Please read this document carefully before signing. In this agreement, the term "activities" refers to all aspects of the ride I, v1, ("I", "Me", "My") have requested Pine Mountain Sports, Inc., a Bike Ride, which includes, but is not limited to the following: instruction in mountain biking techniques, transportation to and from the activities, skills sessions on man-made obstacles and any other activities provided by Pine Mountain Sports, Inc as part of the Bike Ride. ACKNOWLEDGEMENT HEALTH AND SAFETY. I acknowledge that I am physically healthy and have no impairments or illnesses that would prevent Me from participating in the Bike Ride. I understand that the sole responsibility for My personal safety remains with Me, including my physical and emotional preparation and fitness to participate in the activities. I will immediately notify Pine Mountain Sports, Inc. if I am uncomfortable with any aspect of the Bike Ride. Also, I am responsible for the condition the bicycle I use for the Bike Ride. WAIVER AND RELEASE OF LIABILITY. In consideration of being allowed to participate in any way in Pine Mountain Sports, Inc's Bike Ride, and related events and activities, I acknowledge, appreciate, and agree that: 1. The risk of injury from the activities involved in this event is significant, including the potential for permanent paralysis and death, and while participation rules, equipment, and personal discipline may reduce this 'risk, the risk of serious injury does exist; and 2. I understand that my participation in the activities may result in damage to my property, or other consequences, which might result from my own actions, inactions or negligence of others, the rules of the activities, condition of the premises, weather conditions, or condition of any of the equipment used in the activities. There may also be other risks not known or not reasonably foreseeable; 3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown and assume full responsibility for my participation; 4. I willingly agree to comply with the stated and customary terms and conditions for participation of the activities. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of Pine Mountain Sports, Inc. immediately; and, 5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Pine Mountain Sports, Inc. and employees, other participants in the Bike Ride, (referred to as "RELEASEES"), WITH RESPECT TO ANY AND ALLINJURY, DISABILITY, DEATH, or loss or damage to Me or My property; 6. Any and all claims or disputes, including claims for equitable relief, arising out of this Agreement shall be resolved by final binding arbitration before a single arbitrator appointed by the Arbitration Service of Portland (AASP@)according to its rules. The Arbitrator shall resolve any such disputes quickly and efficiently without production of any written statement of facts or memorandum of law except only as may be necessary to create an arbitration awardthat can be enforced in the Oregon courts. A party substantially prevailing in the arbitration shall be entitled to reasonable costs and attorney fees as the arbitrator determines to be reasonable. A prevailing party may file and enforce such award in the Circuit Court for Deschutes County, Oregon, and shall also be entitled to attorney fees incurred in the filing and enforcement of such award. The decision of the arbitrator shall be binding. Judgement upon the arbitration award may be entered into any court having jurisdiction; 7. I willingly grant permission to Pine Mountain Sports, Inc. to photograph and film me and to publish the photography and video on their website, promotional brochures and videos for the purpose of promoting Pine Mountain Sports, Inc.'s business. I hereby waiver all rights of privacy and/or compensation for my photograph of film in connection with said web sites and promotional material; 8. I am REQUIRED TO WEAR A HELMET during the Bike Ride; and 9. This Agreement is the entire agreement and understanding of the parties regarding the Bike Ride and supersedes all prior understandings and agreements, whether written or oral, among the parties. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. |