WARNING: READ THIS EVENT WAIVER AND RELEASE OF LIABILITY AGREEMENT (THE "AGREEMENT") CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. BE AWARE THAT BY EXECUTING THIS AGREEMENT AND PARTICIPATING IN THIS EVENT, YOU WILL BE EXPRESSLY ASSUMING THE RISK AND LEGAL LIABILITY, AND WAIVING AND RELEASING ANY CLAIMS FOR INJURIES, DAMAGES, OR LOSS WHICH YOU MIGHT SUSTAIN AS A RESULT OF ANY ACTIVITIES CONNECTED WITH PARTICIPATION IN THE EVENT. DO NOT SIGN (OR CLICK TO AGREE) THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
Warning of Risks and Assumption of Risks. Participation in the Event may challenge and engage your physical and mental resources. You should not participate in the Event if you have any health conditions affecting your ability to participate. You should seek advice from your physician before participating in the Event. There is always a risk of injury when participating in exercise activities and, understandably, not all hazards and dangers can be foreseen. Participation in the Event may involve inherent risks, dangers and hazards, which may occur without warning, or be due to poor skill level, lack of conditioning, carelessness and other unforeseen, unidentified or unexpected perils inherent in physical activities. By execution of this Agreement, I acknowledge that I understand the risk and danger of accidents, physical injury, effects of exercise, and the unpredictable nature of the human body and the activities inherent in the nature of the Event. I acknowledge that I am a voluntary participant in this Event, and in good physical condition. I further acknowledge that physical exercise and participation in this Event will challenge and engage my physical resources. I have either visited with my physician and received doctor's advice and consent to my exercise program or have waived such advice and consent of my doctor, and accept any and all risks.
Waiver, Release and Indemnification. I UNDERSTAND AND ACKNOWLEDGE THAT NEITHER THE SPONSOR OR ANY OF ITS AFFILIATES ARE INSURERS OF MY CONDUCT AND SAFETY. I KNOW THAT THIS EVENT IS A POTENTIALLY HAZARDOUS ACTIVITY AND I HEREBY ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING MY PARTICIPATION IN THIS EVENT. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST THIS EVENT, THE SPONSOR AND ANY AFFILIATED INDIVIDUALS OR ENTITIES ASSOCIATED WITH THIS EVENT (INCLUDING ALL TRUSTEES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS AND REPRESENTATIVES OF THE SPONSOR) (THE "RELEASEES") FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES OR OTHER CLAIMS AND CAUSES OF ACTION WHATSOEVER THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THIS EVENT, INCLUDING PERSONAL INJURY, DEATH OR DAMAGE SUFFERED BY ME, MY PERSONAL PROPERTY OR OTHERS, WHETHER THE SAME BE CAUSED BY FALLS, CONTACT WITH OTHER PARTICIPANTS, CONDITIONS OF THE COURSE, NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I AGREE THAT, IN THE EVENT ANY PERSON BRINGS ANY CLAIM OR ACTION INDIVIDUALLY OR ON MY BEHALF, RELATED TO ANY INJURY OR LOSS SUFFERED BY ME AS A RESULT OF MY PARTICIPATION IN THE EVENT, THAT I WILL INDEMNIFY THE RELEASEES AGAINST SUCH CLAIMS, INCLUDING THE PAYMENT OF ATTORNEY FEES. I AGREE THAT THIS AGREEMENT SHALL BIND MY GUARDIAN, ASSIGNS, HEIRS, ADMINISTRATORS AND EXECUTORS FOREVER.
I understand that this Waiver and Release may be stored electronically and agree that a copy is authentic and admissible as evidence in any future dispute or proceedings.
If I do not follow all the rules of this Event, I understand that I may be removed from the Event. I give my full permission to this event and their sponsors and corporate sponsors to use any photographs, videotapes or other recordings of me that are made during the course of this Event.
I also understand if this is a timed-event, my name may appear in the results listing.
Coast Hills Classic Mountain Bike Race Waiver and Release of Liability, Defense, Indemnity, and Hold Harmless Directives, Waiver and Release of Liability, Defense, Indemnity, and Hold Harmless.
Regarding your intent to register for and attend a Coast Hills Classic Mountain Bike Race (“CHC”) bike gathering and/or ride event (“the event” or “events”):
This Waiver and Release of Liability / Defense, Indemnity, and Hold Harmless Agreement (the “Agreement”) affects your legal rights. Please read this in its entirety, and seek legal counsel about its effect on your legal rights if you deem necessary.
A Waiver and Release of Liability / Defense, Indemnity, and Hold Harmless Agreement is required for all persons participating in or attending the event (“Participants”), whether the Participant will be riding a bike (“Rider” or “Riders”), attending the event(s) as a non-Rider, or as a Volunteer or Volunteer Guide for the event. As used throughout this Agreement, “Participant” or “Participants” include Riders, non-Rider attendees, and Volunteers/Volunteer Guides. While we hope for your registration in the event, you acknowledge that there are countless bike trails and camping opportunities near the event, and therefore you may engage in the same or similar activities outside of this event, during the dates of this event or on most any other dates throughout the year.
Throughout this agreement, “Released Parties” shall mean CHC and its owners, partners, employees, directors, officers, agents, volunteers, affiliates, event site/trail land owners, and related entities.
Application / Registration:
Participants shall follow these rules and agree to be bound by the terms and conditions of this Agreement. If any part of this Agreement is or becomes illegal or invalid, then the parties intend that the remainder of this Agreement shall not be affected.
The event shall take place “rain or shine,” and no refund will be offered due to inclement weather. While we will try to hold to any posted schedule, CHC may change the time of any event, or details regarding the event, for whatever reason CHC deems necessary.
During ride and non-ride events, and at all times during the overall event, Participants must conduct themselves in a reasonable and safe manner in relation to themselves and their own safety, and in relation to other participants. While CHC does not accept responsibility for any Participant’s safety, in the sole discretion of CHC, a Participant’s right to admission and/or participation in the event, or in any particular event, may be revoked, without refund.
Risks to Bike Riders; Assumption & Acceptance of Risk
All Riders acknowledge that bicycling – whether on an off-road trail or otherwise – poses an inherent risk of crash and injury, and all Riders accept sole responsibility for any crashes or injuries, and for their overall safety. All Riders acknowledge that bicycling, and particularly off-road trail riding, requires a minimum baseline of fitness, skill and proficiency, and that off-road trail riding may not be appropriate for first time or novice riders, or those with an insufficient fitness or skill level for any particular trial, or a particular segment of a trail. Some off-road trails may require intermediate skills, advanced skills, or even expert skills.
Regardless of skill level, crashes and injuries are an inherent part of biking, and particularly of off-road trail biking.
KNOW THAT ALL CHC SCHEDULED RIDES REQUIRE – AT LEAST – INTERMEDIATE LEVEL MOUNTAIN BIKE SKILLS AND FITNESS. Novice riders SHOULD NOT ride the CHC scheduled rides, and should seek other available options within their skill and fitness level.
All Riders acknowledge they are solely responsible for determining whether they are qualified to ride any particular trail, or a particular segment of a trail. If in doubt, Riders should dismount their bikes and walk / bike-hike their bikes until they are confident their skill level is appropriate for the trail or trail segment.
All Riders acknowledge that, regarding off-road bike trials, they will be riding on unpaved and extremely uneven, rough trails which do not have guard or safety railings, likely have not been professionally designed, engineered, or maintained, and which may not have not been designed, engineered, or maintained as bike trails / may be multi-use bike and/or hiking and/or horse-riding trails, and that by their very nature, may have sharp turns, switchbacks, loose gravel or other loose surfaces, sudden obstacles such as rocks, trees, branches, streams, or drop offs, and by their very nature may result in bicycle crashes, including but not limited to collisions with trees, rocks, the ground, rocky ground, other objects – including bikers, hikers on-trail, possible loss of control of the bicycle in any number of ways, going off trail, going off trail and downhill, or countless other potential hazards and possibilities that could result in crashes and injury. All Riders acknowledge that bike trails are typically unmarked as to the route, upcoming terrain changes or obstacles, nor are they marked as to the required skill level for any particular trail or segment of trail. All Riders accept these realities, and each Rider is solely responsible for riding within their own limits regarding skill, speed, terrain, use of helmets and/or armor, fitness, and all other aspects of their riding.
All Riders agree not to leave designated and obvious trails, and not to go off-trail. All Riders agree to avoid – commensurate for the Rider - reckless and excessive speed or maneuvers, and particularly to avoid reckless and excessive speed or maneuvers around other riders, and around hikers that may be on-trail.
All Riders accept these responsibilities, and agree they are solely responsible for their safety, the safety of Riders who are minors in their charge, and for any injuries sustained to them, minors in their charge, or to other Riders, or to hikers on-trail, caused by the Rider’s actions.
CHC strongly recommends all riders wear a bike helmet that is not less than one year old (older helmets become brittle and less effective), wear appropriate body armor, ride within their limits of speed and control, and always ride within their group – not straying off and riding.
Riders are encouraged to aide other riders and act in the spirit of support and comradery that CHC events aim to foster.
Health Insurance – Have It !
Because crashes and injuries are an inherent part of biking, and particularly of off-road trail biking, it is recommended that all riders have adequate health insurance when participating in the CHC event. CHC registration and participation does not provide you any medical, health or accident insurance, and medical costs or related costs to you shall not be the responsibility of MBO under any circumstances.
Research the Trails before You Sign on to a Ride
CHC staff are available at the on-site sign up table, and can assist in learning of the difficulty of any particular trail, and the general trail features of a trail. You may also learn more about any particular trial and its features through publicly available resources such as the Trailforks app, the MTB Project app, other apps, books, and other resources. It is your sole responsibility to determine whether a particular trial is appropriate for your fitness or skill level, and to assess in the moment whether any particular trail segment is appropriate for you to ride considering your fitness or skill level. If in doubt, err on the side of caution; dismount your bike and walk / hike-bike any trail segment, or the entire trial, if you feel your fitness or skill level are not sufficient for that trail or trail segment.
On Site Vendors and Gear Companies
Participants agree CHC is not responsible for the actions or inactions of vendors or mountain bike gear company(s) present at CHC. All transactions between Participants and vendors/Gear Company(s) are transactions separate and independent from CHC, have no privity of contract involving CHC, and this Agreement shall apply regarding any claim by Participant against CHC stemming from any transaction between Participant and vendors/Gear Company(s), including but not limited to vendors/Gear Companies selling or giving food or beverages to Participant, repair of any bicycle by vendor/Gear Companies, or the sale, loan or “demo loan” of any part, bike component, or a whole bicycle to Participant by vendor/Gear Company(s).
In consideration for event access and the use of any event related area facilities, premises, and trails, Participant/Rider hereby agrees to waive, release from liability, hold harmless, defend and indemnify (including costs and attorney’s fees) CHC and its owners, partners, employees, directors, officers, agents, volunteers, affiliates, event site/trail land owners, and related entities (Released Parties) from any and all claims by or on behalf of Participant and/or Rider arising directly or indirectly out of Participant’s/Rider’s registration, attendance, and/or use of the event area, event area facilities and premises related to the event, biking trails, including but not limited to biking, CHC scheduled rides, or other bike rides or bike riding, and/or exposure to COVID-19. Participant/Rider also agrees to waive, release from liability, hold harmless, defend and indemnify (including costs and attorney’s fees) CHC and its owners, partners, employees, directors, officers, agents, volunteers, affiliates, event site/trail land owners, and related entities from any claim brought on behalf of a minor in Participant/Riders charge.
This release is effective on the date Participant/Rider signs the registration.
All Participant(s) named on this application must read and sign the application, and participants under 18 require the signature of an authorized parent or legal guardian before their registration will be accepted.
PHOTO RELEASE
CHC may have still and/or video cameras, videographers and photographers at the event. In exchange for being able to attend the event grant to CHC the irrevocable and unrestricted right to use and publish video/photographs of me, or in which I may be included, for editorial, trade, advertising, and any other commercial or other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release CHC from all claims and liability relating to said video/photographs.
All participants named on this application must read and sign the application. Participants under 18 require the signature of an authorized parent or legal guardian (please refer to indemnification language in contract).
I have read and accept the CHC Waiver and Release from Liability, Defense, Indemnity, and Hold Harmless related terms and conditions.
