FLATHEAD AREA MOUNTAIN BIKERS, INC. WAIVER OF LIABILITY AND ACKNOWLEDGEMENT OF RISK
This Waiver of Liability and Acknowledgement of Risk (“Waiver”) is executed by the undersigned participant (“Participant”) in favor of Flathead Area Mountain Bikers, Inc. (“FAMB”). Participant desires to participate in events organized or run by FAMB as other entities that FAMB may, from time to time, partner with. The activities at issue may include, but are not limited to bicycle related events, overseeing bicycle related events, and other activities associated with FAMB’s mission of preservation and development of mountain bike activities in the Flathead Valley.
RELEASE AND WAIVER. Participant does hereby release and forever discharge and hold harmless FAMB and its successors, assigns, directors, officers, employees, and agents from any and all liability, claims, and demands of any kind or nature, either in law or in equity, which arise from Participant’s participation or work with or on behalf of FAMB. Participant understands and agrees that this Waiver discharges FAMB from any and all liability or claims that the Participant may have against FAMB with respect to any bodily injury, illness, disease, death, or property damage that may result from Participant’s participation or work with or on behalf of FAMB, whether caused by the negligence of FAMB or its officers, directors, employees, agents, or otherwise.
MEDICAL TREATMENT. Participant, or in the case of a minor, Participant’s parent or legal guardian, agrees and understands that they must adequately prepare themselves for medical needs that may arise during any activity contemplated hereunder. Participant does hereby release and forever discharge FAMB from any claim whatsoever which arises on account of any first aid, treatment, or service rendered in connection with Participant’s participation or work with or on behalf of FAMB.
ASSUMPTION AND ACKNOWLEDGMENT OF RISK. Participant understands that the activities contemplated hereunder require certain skills, and he or she is the only person who can make a reasonably informed decision as to whether he or she is capable of participating in a safe manner. Inherent risks include, but are not limited to: natural and man-made obstacles, steep grades and challenging terrain, abrupt corners, unmarked obstacles, changes in trail conditions, changes in weather, hazards due to other trail users, the failure of the user to ride within his or her abilities, wildlife encounters, equipment failures, restricted visibility, illness or disease transmission, and any other dangers or conditions that are characteristic of, intrinsic to, or an integral part of the activities and that cannot be prevented by the use of reasonable care.
FAMB does not make any representations or warranties concerning the safety or reasonableness of any activities contemplated hereunder. By participating in these activities, Participant represents that they are informed and aware of all risks associated therewith. As such, Participant hereby expressly and specifically assumes the risk of injury, illness or harm which may arise from Participant’s participation or work with or on behalf of FAMB.
PHOTOGRAPHIC RELEASE. Participant does hereby grant and convey to FAMB all right, title, and interest in any and all photographic images, video, and audio recordings that may be recorded during FAMB events contemplated hereunder. Participant agrees and releases FAMB to publish any such recordings at FAMB’s discretion.
Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by Montana law. In the event that any clause or provision of this agreement may be held invalid, the invalidity of that provision shall not otherwise affect the remaining provision of this Waiver. By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries, illnesses or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
If you are a minor (under age 18), your parent or legal guardian must sign this Agreement on your behalf.
_________________________________ _________________________________ _________________ Adult Name (Printed) Signature Date
____________________________________ _________________________ ______________ Email Phone # Zip Code
I hereby agree and consent to the foregoing Waiver on behalf of the minor(s) below:
Name of Minor(s):____________________________________________________________ Age of Minor(s)____________
_________________________________ _________________________________ Emergency Contact (if different from above) Emergency Contact Phone Number (if different from above)
Preserving and advancing mountain bike activities in the Flathead Valley.