ACCIDENT WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY BEFORE SIGNING. MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY THAT CAN RESULT IN SERIOUS INJURY OR DEATH. I acknowledge that the RoughCut MTB Series is an athletic event and an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, hydration, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event. These risks are not only inherent to athletes, but are also present for volunteers. I hereby assume all of the risks of participating and/or volunteering in the RoughCut MTB Series.
I REALIZE THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASED PARTIES, FROM DANGEROUS OR DEFECTIVE EQUIPMENT OR PROPERTY OWNED, MAINTAINED OR CONTROLLED BY THEM OR BECAUSE OF THEIR POSSIBLE LIABILITY WITHOUT FAULT. I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical professional. I acknowledge that this Accident Waiver and Release of Liability releases from certain liabilities the Lake Mountain Bicycle Club, Eagle Mountain City, School and Institutional Trust Lands Association, Utah County, any race relevant private land owners; all of their respective affiliates, successors and assigns; all directors, officers, employees, volunteers, representatives and agents of any of the foregoing; and all event sponsors and landowners (collectively and separately, the “Released Parties'').
In consideration of my application and permitting me to participate in the RoughCut MTB Series, I HEREBY UNCONDITIONALLY TAKE ACTION FOR MYSELF, MY EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS AS FOLLOWS: (A) WAIVE, RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY FOR MY DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER ACCRUE TO ME INCLUDING MY TRAVELING TO AND FROM THIS EVENT, THE RELEASED PARTIES; AND (B) INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF PARTICIPATION IN THIS EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. ALL claims arising from or related to the RoughCut MTB Series, including for injury to person or property and/or death shall be GOVERNED BY UTAH LAW, without regard to conflicts of law principles, and exclusive jurisdiction shall be in the Third District Court in Summit County for all Summit County event locations, in Salt Lake County for all Salt Lake County event locations; or in the Fourth District Court in Wasatch County for the Wasatch County event location, and Utah County for the Utah County event locations. I hereby waive any objection to such law or jurisdiction. This Accident Waiver and Release of Liability shall be binding to the fullest extent permitted by law and supersedes any other agreements or representations by or between the parties, and is intended to provide a comprehensive release of liability. However, nothing in this Accident Waiver and Release of Liability shall amend or in any way diminish the enforceability of other releases that I may enter as part of this RoughCut MTB Series, including, but not limited to, releases required by other Released Parties. This Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any provision of this Waiver and Release of Liability is found to be unenforceable, the remaining terms shall be enforceable.
I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during or as a result of the RoughCut MTB Series.
I understand that at the RoughCut MTB Series or related activities, I may be photographed. My photo, video or film, and/or likeness may be used for any legitimate purpose by the Released Parties.