THIS DOCUMENT IS AN ASSUMPTION OF RISK, RELEASE OF LIABILITY and INDEMNITY AGREEMENT FOR LEGACY BIKE PARK (“LBP") ACCESS, PARKING, CAMPING, SHUTTLE RIDES, MOUNTAIN BIKE RIDES, LESSONS, EQUIPMENT RENTAL AND ANY OTHER ACTIVITY TAKING PLACE WITHIN LBP. The participant identified below, who is at least 18 years old, the (“Adult”) has read this agreement and has signed it, or if participant is younger than 18 (“Minor”), the Minor’s parent or legal guardian, the Adult, has read this agreement and signed it on behalf of him/herself and the Minor. The Adult or the Minor participant and the Minor’s 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 activities, including camping, shuttle rides, mountain bike riding, mountain bike tours, lessons, or equipment rental or any other use of the facilities or services (collectively the “Activity”) at LBP. The Undersigned understand and agree that Participant will not be permitted to take part in an Activity unless this Warning, Assumption of Risk, Release of Liability, and Indemnity Agreement and Consent for Medical Treatment (“Agreement”) is fully executed.
UNDERSIGNED UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EVERY DAY PARTICIPANT ENGAGES IN ANY LBP ACTIVITY DURING THE 2023 YEAR UNTIL UNDERSIGNED REVOKE IT IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY THE LBP’S AUTHORIZED REPRESENTATIVE. THE PERSON SIGNING BELOW ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT FOR HIM/HER SELF AND, IF APPLICABLE, ON BEHALF OF MINOR, HE/SHE IS ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED BY MONTANA LAW.
MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE TO PARTICIPANT AND/OR OTHERS. IF YOU ARE PREGNANT OR COULD BE PREGNANT, YOU SHOULD NOT MOUNTAIN BIKE, MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY AND/OR DEATH TO AN UNBORN FETUS. Mountain biking involves inherent dangers and risks. Trail conditions and features may change quickly due to weather, use and other factors. Undersigned understand and agree that there are risks involved in decision making and conduct of LBP’s employees involved with the Activity, including, but not limited to, the risks involved with rescue operations and/or reasonable care conducted or provided by LBP personnel, the risks associated with decisions made by LBP personnel to open and/or close terrain, and the risk that LBP personnel may misjudge weather, trail conditions, route/terrain selection, location, or some aspect of Participant’s abilities, conditioning, mental, emotional or physical condition that may make a certain portion of the Activity appropriate or inappropriate for the Participant. eBikes may include additional risks including but not limited to failure to properly control the acceleration and deceleration of the bike, higher rates of speed, and loss of maneuverability.
Undersigned understand and agree that Participant must have the physical dexterity and knowledge to safely load, ride and unload the shuttle and bike trailer and access the terrain they choose. Adult also understands and agrees that Minor may be riding the shuttle without being accompanied by an adult and hereby gives permission for the Minor to do so. Adult agrees that that he/she will instruct and direct Minor to abide by the rules and regulations of LBP and to follow instruction and direction from LBP staff. Adult for him/herself and/or, if applicable, on behalf of Minor hereby freely and expressly agrees to ASSUME AND ACCEPT ANY AND ALL RISKS to the Participant in any way connected with the Activity. RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY AND, IF APPLICABLE, VOLUNTARILY CHOOSES TO ALLOW MINOR TO PARTICIPATE IN THE ACTIVITY AND REPRESENTS THAT PARTICIPANT HAS THE SKILLS AND DEXTERITY TO SAFELY PARTICIPATE IN THE ACTIVITY AND WILL AT ALL TIMES RIDE WITHIN HIS/HER ABILITIES OR PARTICIPATE IN OTHER PARTS OF THE ACTIVITY IN A PRUDENT AND RESPONSIBLE MANNER.
By signing this Agreement Undersigned acknowledge the risks associated with the Activity and, as a condition to Participant engaging in the Activity, Undersigned agree to (1) ASSUME ANY AND ALL RISKS to Participant resulting from participation in the Activity.(2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against, Legacy Bike Park, Bike Park LLC, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, and agents as well as any Activity sponsors, equipment manufacturers and distributors (hereinafter the “Indemnified Parties”) that are based on, arise or result from, in whole or in part, participation in any Activity; (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned.
I Agree HELMETS ARE REQUIRED while mountain biking at LBP. Undersigned agree that Participant will wear a helmet at all times while riding at LBP and will operate his/her mountain bike only on marked trails or roads, unless specifically authorized to operate his/her mountain bike elsewhere by LBP staff. Undersigned understand and agree that although Participant may be wearing a helmet, a helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck, or spinal cord. Participant agrees to wear appropriate safety equipment, as established by industry standards and common safety practices, and assumes all risks associated with failure to wear appropriate safety equipment. Prior to mountain biking Participant will inspect his/her bicycle and assure him/herself that it is in good operating order and can be safely used for its intended purpose.
Undersigned authorize LBP and/or its authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility if, in the opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, LBP shall not have any further responsibility for the Participant, and all costs associated with such medical care and related transportation provided for the Participant shall be paid by Undersigned and the Undersigned do hereby indemnify and hold harmless the Indemnified Parties of and from any costs incurred therein.
Undersigned give LBP permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sublicense such material for any purpose in promoting LBP or related activities of LBP in print, brochures, advertisements, films or videos and on broadcast presentations of any sort.
The adult signing below agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be GOVERNED BY MONTANA LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the District Court in Flathead County, Montana. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS SIGNING THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This Agreement shall be binding upon Undersigned’s assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.