FRIENDS OF SLEEPING BEAR DUNES ACCESSIBLE BEAR PROGRAMS WAIVER - TRACK CHAIR AND WHEELCHAIR BIKE

WAIVER/LIABILITY - MUST BE SIGNED BEFORE USE OF TRACK CHAIR OR WHEELCHAIR BIKE

HOLD HARMLESS: The User/Parent/Guardian agrees to hold Friends of Sleeping Bear Dunes, Sleeping Bear Dunes National Lakeshore, Disability Network, and Program Volunteers (Track Chair Program Hosts, Wheelchair Bike Program Pilots and Safety Riders) harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney fees, brought as a result of their involvement and the involvement of those accompanying them with the Track Chair or Wheelchair Bike. The User/Parent/Guardian will reimburse Friends of Sleeping Bear Dunes, Sleeping Bear Dunes National Lakeshore, and Program Volunteers for any expenses for damages incurred, including injuries to User or those accompanying the User, bystanders, and/or damage to the Track Chair or Wheelchair Bike. User/Parent/Guardian agrees to indemnify and hold Friends of Sleeping Bear Dunes, Sleeping Bear Dunes National Lakeshore, Disability Network, and Program Volunteers harmless from any claim for liability for loss and/or injury to any persons or property, including all Users of the Track Chair or Wheelchair Bike, by reason of accident involving the Track Chair or Wheelchair Bike during the use period or as a result of operation of the equipment in violation of any law or ordinance.

SERVERABILITY: The User/Parent/Guardian agrees that this waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the State of Michigan and that if any portion of this agreement and assumption of risk agreement is invalid, it is agreed that the balance shall, notwithstanding, continue in full and legal force and effect.

ACKNOWLEDGEMENT OF UNDERSTANDING: I, the User and/or Parent/Guardian have read this waiver of liability, assumption of risk, and designated use agreement and fully understand that I am giving up substantial rights, including my right to sue. I acknowledge that | am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

ACKNOWLEDGEMENT OF INSTRUCTION: I, the User and/or Parent/Guardian have read/reviewed the instructions provided.

PHOTOS: The User and those accompanying the User agree that photos taken while on the Track Chair hike or Wheelchair Bike ride may be used by Friends of Sleeping Bear Dunes, Disability Network and Sleeping Bear Dunes National Lakeshore on websites, social media, and printed materials unless otherwise indicated below.

Signature For Waiver of Liability and Permission to Use Photos

Instruction and Waiver - Track Chair Program - Friends of Sleeping Bear Dune

FRIENDS OF SLEEPING BEAR DUNES ACCESSIBLE BEAR PROGRAMS WAIVER - TRACK CHAIR AND WHEELCHAIR BIKE

PRIOR TO TRACK CHAIR OR WHEELCHAIR BIKE USE THIS DOCUMENT IS TO BE REVIEWED IN ENTIRETY BY THE USER WITH PROGRAM VOLUNTEERS

The Accessible Bear Programs require users and companions to undergo instruction by the assigned Program Volunteer(s) before the chair or bike may be taken on a trail. Only the User designated in a signed waiver may be in the chair or bike. No one other than the DESIGNATED USER may be on the chair or bike, and no one can be in the lap of the User. A waiver must be completed before the Track Chair or Wheelchair Bike may be taken.

THE TRACK CHAIR OR WHEELCHAIR BIKE MUST BE IN OFF POSITION WHEN GETTING INTO OR OUT OF AND FOR TRANSFERS

INSTRUCTION AND WAIVERS: Friends of Sleeping Bear Dunes provides the Accessible Bear Programs to provide Sleeping Bear Dunes visitors with mobility assistance so that they may experience specified locations in the National Lakeshore. It is the Program's goal to make the User's experience enjoyable and safe. However, there are risks when exploring the outdoors and when using a Track Chair or Wheelchair Bike. This waiver and liability release has a goal of providing the User with what is expected when they are using the Track Chair or Wheelchair Bike as well as releasing Sleeping Bear Dunes National Lakeshore, Friends of Sleeping Bear Dunes, Disability Network and the Program Volunteers from liability.

USERS UNDER 18 MUST BE ACCOMPANIED BY PARENT OR GUARDIAN

KNOWLEDGE OF RISK: The User or Parent/Guardian of minor acknowledges that the activities for which the Track Chair and Wheelchair Bike are designated involve risks. These risks include, but are not limited to, injury/death of the user, injury/death to those accompanying the user, injury/death to others. The User or Parent/Guardian of a minor accepts all risks associated with the use of the Track Chair or Wheelchair Bike.

SAFE AND CONSIDERATE USE: The User will observe all trail and Sleeping Bear Dunes National Lakeshore rules and regulations. User or Parent/Guardian acknowledges that he or she and any minor listed for whom they are responsible for will be the ONLY operator of the Track Chair. Parent/Guardian will ensure that a minor or other person for whom they are responsible for will maintain control of the Track Chair. The User and/or Parent/Guardian will operate the Track Chair in a safe manner, using care for themselves and others. The User will be the ONLY rider of the Wheelchair Bike. The Wheelchair Bike Rider will follow instructions of Pilot to ensure safety for Rider, Pilot and others. The User will wear seatbelts (and harnesses if necessary) while operating the chair or riding the bike. The bike User, Volunteers, and anyone accompanying User on a bike must wear a bike helmet. The Track Chair and Wheelchair Bike will be in OFF position while getting into or out from and for transfers. The User must maintain visual contact with the Track Chair Host while using the chair. The Wheelchair Bike User and Pilot must maintain visual contact with the Safety Rider.

DESIGNATED TRAIL USE: The User agrees that they will remain only on the designated trail. The User, anyone accompanying the User, or Volunteers will not operate the Track Chair or Wheelchair Bike off the trail. Pets accompanying Track Chair User will remain ona leash and under control of a companion. Service Dogs with a Track Chair User will remain on a leash and used as deemed appropriate by the owner. The Track Chair will not be taken into the water on the Railroad Grade Trail. Pets or service dogs cannot accompany anyone in Wheelchair Bike or riding a bicycle with the Wheelchair Bike User. The only way for a pet or service dog to accompany a Wheelchair Bike User is if a companion walks the pet/service dog and as such will not be able to be at same pace as bikers.

DAMAGES: The User agrees to promptly pay for any damage caused to the Track Chair or Wheelchair Bike during the use period beyond ordinary wear and tear and to return the Track Chair or Wheelchair Bike in working order. The User agrees to notify the Track Chair Program Host immediately of any accident involving the Track Chair. Wheelchair Bike Pilot will immediately notify the Accessibility Committee Chair(s) of any accident involving the Wheelchair Bike. The User agrees to reimburse Friends of Sleeping Bear Dunes for the cost of all damages resulting from an accident or theft.

PREPARATION: The User should have personal items to ensure comfort and safety. It is recommended the following items be included: necessary medications and medical equipment, adequate water, clothing for changing weather conditions, cell phone, phone number of Track Chair Program Host or Wheelchair Bike Pilot, sunscreen, insect repellent, hat, snacks, seat cushion. Helmets are required for all Wheelchair Bike participants. Helmets will be available for the Wheelchair Bike rider.