Waiver of Liability, Assumption of Risk and Indemnity Agreement
My Knowledge of the Risks of Mountain Biking: Mountain biking is action sport that offers participants exercise, and an opportunity to develop skill, strength, and endurance, and to test one’s abilities. The organizers of Blue Tailed Skinks Kids MTB Club endeavor to provide a place for mountain bike riding but want you to understand that while some of the unwanted risks of mountain biking can be eliminated, the very nature of mountain biking makes it impossible to eliminate all of the risks involved – thus injuries can and do result from such risks of participation. You acknowledge these risks and that there are natural, manmade, mechanical and environmental conditions and risks that independently or in combination can result in participants to sustain injury.
Waiver: In return for being permitted to participate in Blue Tailed Skinks Kids MTB Club, including participating in trail rides, practices or any event related to the club, I, for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge, and promise not to sue the Blue Tailed Skinks Kids MTB Club, its directors, officers, organizers, employees, and agents (“The Club) from liability from any and all claims, including the negligence of The Club, resulting in personal injury (including death), accidents or illnesses, and property loss, in connection with my participation in Blue Tailed Skinks Kids MTB Club.
Assumption of Risks: Participation in Blue Tailed Skinks Kids MTB Club carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains; to 2) major injuries such as eye injury, joint or bone injuries, and concussions; to 3) catastrophic injuries.
Indemnification and Hold Harmless: I also agree to indemnify and hold The Club harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees arising out of my involvement in Blue Tailed Skinks Kids MTB Club, and to reimburse them for any such expenses incurred.
Severability: The further agree that this Waiver of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion thereof is held invalid, the remaining portions will continue to have full legal force and effect.
Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of California, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the courts of the State of California.
Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.