Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)

BY SIGNING THIS DOCUMENT ( A HARD COPY ON DAY OF RIDE) YOU ACKNOWLEDGE THE RISKS INHERENT IN MOUNTAIN BIKING AND WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY!

In this Release Agreement the term “mountain biking” includes all mountain bike activities including, but not limited to, guided descents and ascents, flat/smooth trails, rocky/technical terrain, bike fit, and advice asked for in order to ride a particular section of a trail (hereinafter “riding”).

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.  Other protective gear such as knee and elbow pads are strongly recommended.  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 guide, or anyone else. 

I agree and understand that I will be held to assume the risk of all trail conditions, including but not limited to weather conditions, trail layout and construction, hidden or concealed obstacles, and potential collisions with other riders and wildlife.  I have the right to stop and visually inspect trail conditions and may choose not to ride sections or features that I consider to be too dangerous, risky or unsafe for a rider of my skill level.  I understand that neither AZ trail adventures, LLC  nor Missy Larson insures participants for riding, and that any coverage would be through personal insurance.    

 WAIVER & RELEASE OF LIABILITY

I agree to waive any and all claims and to release AZ trail adventures, LLC and Missy Larson, and their respective affiliates, subsidiaries, employees, representatives, volunteers, and agents (hereinafter “the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that I 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.  I understand that the foregoing release covers failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of riding.  I 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.      

I acknowledge that the decision to attempt any trail, trail feature, maneuver, or obstacle encountered while riding with Releasees, was made entirely by me, without coercion or influence by Releasees, and with a full understanding and awareness of the risks to me associated with such trail, feature, maneuver, or obstacle. I waive any right to a jury trial for any claims arising from or related to any services provided by Releasees, and I acknowledge that claims shall be submitted to binding arbitration under the commercial arbitration rules of the Federal Arbitration Act (FAA), and that the agreement shall be governed by and interpreted under the laws of the state of Arizona.  I 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.

I represent and warrant that I am in good health and have no medical conditions or disabilities that restrict or impede my ability to participate in riding.  I acknowledge that I have all necessary medications or aids that I might require in the event of a known medical issue (such as allergy medications, epi-pens, inhalers, etc.).  I acknowledge that I’m not relying on Releasees for medications; and I am not relying on Releasees to provide first-aid or any other medical treatment, and I waive any claim against Releasees to provide medical treatment or care of any kind during the riding.  I agree that the Releasees are authorized to obtain medical care for me or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed.  I further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to me.  I 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.  I have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries I suffer while riding.  I understand that this is my 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. 

I am informed and agree that AZ trail adventures has no control over the operation of bikes on the part of myself and that AZ trail adventures shall not be held responsible and shall not be held liable for injuries, damages to property, liability or other losses, accidents, delays, inconveniences or irregularities that may arise from either (i) unlawful, negligent or accidental acts or omissions on the part of myself or (ii) unlawful, negligent or accidental acts or omissions on the part another party that is not subject to immediate control of AZ trail adventures.

I represent that I am an experienced bicycle rider and regularly ride equipment similar to the rented equipment with quick release, clipless pedals, gearing and brakes and other mechanical functions of the rented equipment and will not modify or adjust any of this rented equipment. I further represent that I am not and will not be under the influence of any alcoholic beverage, of any drug or medication, and do not have any aliment or condition which effects or impairs my balance, vision, coordination, or other ability to properly and safely operate a bicycle.

I 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 Releasees.                                                                                                

BIKE RENTAL DAMAGE CHARGES

Broken Derailleur - $80 for XT $180 for XTR

Bent/Broken Front Wheel - $150

Bent/Broken Rear Wheel - $200

Scratched/Gouged Fork Upper Legs - $300

Scratched/Gouged Rear Shock - $250

Scratched/Gouged Dropper Seat post - $150

Cracked Front/Rear Carbon Frame Triangle - $650

Wear items: cables/housing, cassette, chain, grips, tires

MEDIA RELEASE

I grant permission and consent, to AZ trail adventures, LLC and its affiliates, for the use of any photographs or videos taken, before, during, or after the event, for presentation under any legal condition, including but not limited to: publicity, copyright purposes, social media, illustration, advertising, and web content. I understand that there shall be no compensation for the photographs or videos that I may be in. 

BINDING AGREEMENT

This Agreement shall be binding to the fullest extent permitted by law.  If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. I certify that I have read this document and I fully understand it’s content. I am aware that this is a release of liability and a contract and I sign it of my own free will.

*Hard copy will be signed on the day of ride and will be in full force for each day of riding.

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