This Waiver and Release of Liability Agreement (“Waiver and Release”) is in consideration of being permitted to participate in a Break the Norm Outdoors event (including any bicycling, class or activity, calendar event, or other non-listed ride or event (collectively, the “Activity”) organized by Break the Norm Outdoors, LLC (“BtNO”) Participant and Participant’s parent or guardian, for themselves personal representatives, and heirs (collectively “Participant”):
1. Acknowledges and represents that Participant understands the nature of the Activity, and that Participant is qualified, in good health, and in proper physical condition to participate in such Activity. Participant further acknowledges that the Activity may be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected.
2. Participant understands that an Activity: (a) MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”): (b) these Risks and dangers may be caused by Participant’s own actions or inactions, the actions or inactions of others participating in the Activity, the actions or inactions of others not participating in the Activity, the conditions in which the Activity takes place, or the negligence of Releases or other participants (c) there may be other risks and social and economic losses either not known to Participant or not readily foreseeable at this time.
(a) Participant fully accepts and assume all such risks and all responsibility for loss, costs, and damages Participant incurs as a result of participation in the Activity. By participation in any Activity, Participant certifies that Participant is aware of these inherent dangers.
(b) Releases, discharges and covenants not to sue BtNO, its agents, members, or employees (“Releasees”) from all liability, claims, demands, losses, or damages caused or alleged to be caused in whole or in part by Participant’s participation in an Activity, the negligence of the Releasees or otherwise, including negligent rescue operations.
(c) Indemnify, defend, and hold harmless the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. Furthermore, Participant will indemnify, defend, and hold harmless the Releasees against all claims, including, but not limited to, claims of negligence, unintentional acts, and acts of omission, and any loss or expense which may arise from Participant’s participation in any Activity.
3. Participant understands Participant is responsible for own conduct and decisions while participating in an Activity and further agree that this Waiver & Release applies to any claim arising out of participation while a participant in an Activity.
4. If participating in a bicycle Activity, Participant understands that a bicycle is defined as a moving vehicle subject to all traffic laws, signs, rules and regulations, and agrees to adhere to all traffic laws and BtNO rules and regulations. Use of mobile telecommunications equipment is prohibited while riding a bicycle.
5. For safety reasons, BtNO requires that all Participants wear a helmet while riding on an Activity.
6. Participant consents to and permits emergency medical treatment in the event of injury or illness and accept that any costs incurred with respect to emergency medical treatment will be the responsibility of the Participant.
7. Participant agrees to grant BtNO worldwide royalty free license to use photographic, video, or digital likeness solely for promotional and / or commercial purposes.