Liability Acknowledgment

Liability Statement

In this Release the term “mountain biking” includes all mountain bike activities including, but not limited to, guided descents and ascents, clinics, lessons, camps, and private instruction (hereinafter “riding”).

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ASSUMPTION OF RISKS:  

Mountain biking takes place on steep, rugged and challenging terrain and features, and will expose the rider to many risks, dangers and hazards.  Falls and collisions occur frequently.  Bicycles and related equipment may be placed under extreme stress and can malfunction.  Helmets are mandatory.   You should understand that eye protection is suggested. As with many adventure sports, riding involves the risk of injury, including serious injury, head injury, paralysis or death.  

The risk of injury increases with the degree of difficulty of the trail and speed.  Although the risk of injury can never be eliminated, the rider can manage the risk through controlling speed and choosing terrain appropriate for the rider’s skill and experience.  What features and trails the rider chooses to ride is always at the discretion of the rider, not the mountain bike instructor or coach, or anyone else. 

You agree and understand that you will be held to assume the risk of all trail and course conditions, including but not limited to weather conditions, trail and course layout and construction, hidden or concealed obstacles, and potential collisions with other riders and wildlife.  You have the right to stop and visually inspect course and trail conditions and may choose not to ride sections or features that you consider to be too dangerous, risky or unsafe for a rider of your skill level.  You understand that trail features are subject to changing conditions due to the effects of weather and possibly alterations in trails such as exposed rocks, roots and fallen vegetation/trees.

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RELEASE OF LIABILITY  

In consideration of being allow to participate you, on behalf of yourself, your heirs, personal representatives, and assigns, agree to waive any and all claims and to release MI MTB Instruction, LLC,  Kevin Gorman, Stony Creek Metro Park/or Lake Orion Township and their respective affiliates, subsidiaries, employees, representatives, contractors, volunteers and agents (hereinafter “the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that you or my next of kin may suffer as a result of riding with Releasees, due to any cause whatsoever, including negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees.  You understand that the foregoing release covers failure on the part of the Releasees to take reasonable steps to safeguard or protect you from or warn you of the risks, dangers and hazards of riding, as you have no expectation and do not require the Releasees to provide such safeguard, protection, and/or warning.  

You also realize that Releasees may not have wilderness first aid and CPR training or that Releasees’ first aid and CPR training might have expired; that Releasees are not trained as medical doctors, nurses, or emergency medical technicians; that all Releasees may be able to do in case of an accident is attempt to call the appropriate medical personnel; and that Releasees have no control over how long it will take for the medical personnel to arrive at the scene of a mountain bike accident.  You understand that it is not the Releasees responsibility to carry first aid supplies, EpiPens, food, water, or whatever else you might need for you own health; You understand that it is your responsibility to carry anything you might need.

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You acknowledge that the decision to attempt any trail, trail feature, maneuver, or obstacle encountered while riding with Releasees, was made entirely by yourself, without coercion or influence by Releasees, and with a full understanding and awareness of the risks to you associated with such trail, feature, maneuver, or obstacle. You waive any right to a jury trial for any claims arising from or related to any services provided by Releasees, and any controversy or dispute arising among the parties or under this Agreement will be resolved by arbitration conducted in accordance with the rules of the American Arbitration Association, and judgement on the award rendered by the arbitrators may be entered in any court having Jurisdiction, and that the agreement shall be governed by and interpreted under the laws of the state of Michigan.  

You acknowledge and agree that should any part of the Agreement be determined to be void or unenforceable by a court of law, the remainder of the waiver will remain binding on the parties.

you represent and warrant that you am in good health and have no medical conditions or disabilities that restrict or impede my ability to participate in riding.  You acknowledge that I have all necessary medications or aids that You might require in the event of a known medical issue (such as allergy medications, EpiPens, etc.).  You acknowledge that you are not relying on Releasees for medications; and you am not relying on Releasees to provide first-aid supplies or any other medical treatment, and you waive any claim against Releasees to provide medical treatment or care of any kind during the riding.  

You agree that the Releasees are authorized to obtain medical care for yourself or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed.  You further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to yourself.  You agree to pay all costs associated with such medical care and related transportation and to indemnify and hold harmless Releasees from any costs or claims arising from such medical care and related transportation.  You have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries you suffer while riding.  You understand that this is your sole responsibility and release the Releasees from any claim or responsibility for not providing such coverage, or any failure to obtain and maintain such coverage.

You understand that the nature of concussions is serious. You will prevent concussions by wearing a helmet that provides adequate protection, and You will prevent concussions by riding within your skill set. If You crash and hit your helmet and there is any sign of structural damage to the helmet, then You will stop riding immediately.  If you show any signs of a concussion, then you will stop riding immediately and seek medical help.  You will also make sure you have a caretaker to monitor your concussion symptoms and not return to mountain biking or any similar activity until you are released by a doctor to do so. 

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You further agree to defend, indemnify and hold harmless Releasees from any and all claims brought by third parties which arise in whole or in part from riding with MI MTB Instructors. This includes but is not limited to the venue/location or land owner at which the bicycling activity occurs.  You understand that MI MTB Instructors, LLC are not qualified bicycle mechanics, but upon discretion and inspection that You are responsible for the condition and maintenance of your bicycle and that MI MTB Instructors reserves the right to deny my participation in any activities if they feel that my equipment represents a possibly safety risk to myself or others.  Accordingly, if MI MTB Instructors do not deny my participation, it is in no way a reflection that my equipment is suitable.

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YOU ARE AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THERE FROM.

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BINDING AGREEMENT.   

This Agreement shall be binding to the fullest extent permitted by law.

ENTIRE AGREEMENT.  

This agreement represents the entire understanding and agreement between the parties regarding the subject matter and supersedes all understandings and agreements, oral or written, between the parties.

INVALIDITY.  

In case of any one or more provisions of this Agreement should be invalid or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby.

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YOU HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT PRIOR TO AN ON-LINE BOOKING, AND YOU AGREE TO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.