Sacket Family Property, Full and Complete Release of Liability and Indemnity Agreement
Mountain biking is a hazardous experience or activity with varying surface and environmental condition. It is different than road bicycling in that it is done on partially improved or unimproved trails and roads, as well as on naturally rugged and rocky terrain. In consideration of receiving permission to enter upon the property, the owners of the property of the Sacket Family at 950 County Road 459, Troy Texas 76579 , the undersigned/participant hereby releases and discharges and forever acquits the Sacket Family and their heirs, respective officers, directors, family, employees, and agents of any and all liability claims and demands including all attorney fees incurred in defense there of arising out of whether expressed or implied of the owners and their heirs, respective officers, agents, family, employees and agents while at the Sacket Family’s property arising out of or as a result of the undersigned participating in any activity of any type on the Sacket family’s Property including but not limited to mountain biking. This liability release shall be binding upon the assignee, distributors, heirs, next of kin, and administrators of undersigned and may be pled by the Sacket Family as a complete bar and defense against any claim, demand, action, or cause of action by or on the behalf of the undersigned. By signing this Full and Complete Release of Liability and Indemnity Agreement the participant and undersigned hereby acknowledges and expressly represents that: Participant is duly aware of the risks and hazards inherent upon entering the Sacket Family’s property and riding mountain bikes and participating in other activities on the premises. Participant elects voluntary to enter the Sacket Family’s property and ride a mountain bike on the premises. Participant assumes the duty of knowing the present condition of the Sacket Family’s property. Participant recognizes that the Sacket Family’s property may become more hazardous and dangerous during the time the undersigned is present on the Sacket Family’s property riding his/her mountain bike. By virtue of the participant’s presence on the Sacket Family’s property, the participant acknowledges participant’s acceptance of the condition of the Sacket Family’s property and all risks attendant thereto. I, the undersigned (or legal guardian of the undersigned) recognize that there are risks in any adventure, sport or activity associated with the outdoors. I am fully aware of the possible risks and dangers inherent in participating in the sport of mountain biking, including, but not limited to, possible falls, spills, collisions with trees, rocks, vehicles, or other bikers, adverse weather, rough trails, open water, mud, wild or domestic animals, etc. Accordingly, I understand that I must control my speed at all times, anticipate the unexpected and that I AM SOLELY RESPONSIBLE FOR MY OWN SAFETY. I understand HELMETS ARE REQUIRED and I agree to wear a helmet at all times. If I sustain any injury as a result of any of the aforementioned risks and hazards, I AGREE NOT TO SUE any of the above mentioned. If participant is a MINOR, in exchange for the Sacket Family making mountain biking and other activities and facilities available, the undersigned AGREES TO DEFEND AND INDEMNIFY THE SACKET FAMILY from any claim for personal injury, death or property damage from said minor, even AFTER the minor has attained majority, and to HOLD the Sacket Family, its representatives, agents, members and employees HARMLESS from any claim, legal action, harm, injury damages or loss to personal and/or property made on behalf of the aforementioned minor or from THIRD PARTIES. I, the undersigned, HAVE READ AND UNDERSTAND the terms of the above Full and Complete Release of Liability and Indemnity Agreement and I am signing it freely and of my own accord, realizing IT IS BINDING upon me, my heirs, assigns and, in the event I am signing it on behalf of ANY MINORS, that I have FULL AUTHORITY TO DO SO REALIZING ITS BINDING EFFECT ON THEM as well as me. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT BY SIGNING BELOW I AM WAIVING MY LEGAL RIGHTS AS WELL AS THOSE OF ANY MINOR FOR WHOM I AM SIGNING. I agree that this contract will apply to each and every occasion I or any minor enters and uses the Sacket Family property. If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT. EXERSICSE CAUTION! MOUNTAIN BIKING IS DIFFERENT THAN ROAD BIKING! WHILE RIDING ON THE SACKET FAMILY’S PROPERTY YOU MAY EXPERENCE OTHER BIKES AND VEHICLES, LOOSE GRAVEL, ROCKS AND DIRT, WET SURFACES, HOLES, DOWNED TMBER AND OTHER OBSTACLES, ON TRAILS AND COASTING DESCENTS, SLOW DOWN AND ENJOY YOUR RIDE.
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