On behalf of myself and for the Participant(s) listed below, in consideration for Participant(s) being permitted to participate in the (the “Activity”), and for the services of Roaring Fork Cycling, Inc., its directors, employees, agents, volunteers and all other persons or entities acting in any capacity on behalf of or in cooperation with Roaring Fork Cycling, Inc. (all such persons and entities hereinafter collectively referred to as “RFC & Associates”) in connection with the Activity, I understand and agree as follows:
Assumption of Risk and Danger. I understand that taking part in the Activity (which includes but is not limited to riding a bicycle on roadways, pathways and mountainous trails, and hiking with a bicycle over rocks and slopes) involves exposure to risks and dangers that can result in illness, physical injury and even death. Possible risks and dangers include: uneven, rugged or slippery terrain; high elevation; adverse weather and temperature; equipment malfunction and defects; collisions with man-made and natural objects; marked and unmarked obstacles, structures, ramps, jumps (both natural and manmade and in good or defective condition); riding at high rates of speed; dehydration or inadequate nutrition; acts or failures of other participants and trail users including hikers, bicyclists and horseback riders; dangerous wildlife; misuse of tools or equipment; rock climbing, swimming, pick-up sports, and similar athletics associated with the Activity. I understand that this description of risk and dangers is not complete, and that participating in the Activity may include other risks and dangers, including but not limited to the acts and omissions of RFC & Associates. Recognizing the nature of the Activity, as well as its risks and dangers, I expressly assume, on behalf of myself and for the Participant(s) listed below, all risks and dangers associated with or resulting from participation in the Activity.
Release of Liability and Indemnification. I unconditionally release, to the fullest extent permitted by law, RFC & Associates from any claims or causes of action for any and all liability or loss of any nature, including personal injury, death and property damage, arising out of or related to the Activity, including but not limited to claims of negligence, breach of warranty or breach of contract. I agree to indemnify and hold harmless, on behalf of myself and for the Participant(s) listed below, RFC & Associates from and against liability or damages of any kind, and from any claims, suits or demands, including legal fees and expenses whether incurred in litigation or otherwise, which arise out of or relate in any way to participation in the Activity.
Media Release. I hereby grant Roaring Fork Cycling, Inc., an irrevocable, perpetual, transferable, fully-paid and royalty-free right and license throughout the universe to record (by photographs, video or any other method) the attendance of the Participant(s) (including name, voice, image and likeness) at the Activity (the “Recordings”), and to use, modify, copy, publish and distribute such Recordings, without need to obtain my further approval or review, in any manner or format and for any purpose benefitting Roaring Fork Cycling, Inc. or any of its projects and programs.
Entire Agreement. This agreement contains the entire understanding between Roaring Fork Cycling, Inc. and me regarding the Activity and voids and replaces any other statements, agreements or representations, written or oral, regarding the Activity. If any portion of this agreement is determined to be unenforceable by a court of law, the remainder of it shall be enforced without regard to such provision.
Parent or Legal Guardian Representations. I represent that I am the parent or legal guardian of each minor child listed as a Participant below, and that I have: 1) legal authority to assume the risks and dangers and make the waivers and releases from liability specified above on their behalf; and, 2) legal authority to grant to RFC the rights and licenses specified above on their behalf, and I hereby do so in consideration for their being permitted to participate in the Activity. I further agree to indemnify and hold harmless RFC & Associates from and against liability or damages of any kind, and from any claims, suits or demands which are brought by these minor children or on their behalf, including legal fees and expenses incurred in litigation or otherwise, which arise out of or relate in any way to the participation of these minor children in the Activity.