Liability Waiver 18 & Over
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Liability Waiver and Release
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For and in consideration of Teton Valley Composite Corp, an Idaho nonprofit corporation (the “Organization”) allowing me to participate in mountain biking practices, training, and competitions/races (the “Events”) organized by the Organization or NICA, I, for myself, and on behalf of my guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Liability Waiver and Release (the “Agreement”):
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1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) am in good health and in proper physical condition to participate in the Events; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs that would in an way impair my ability to evaluate this document relative to the inherent risks of me participating in the Events.
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2. I understand and acknowledge that the Events in which I will participate and which I voluntarily enrolled in bear certain risks that could result in injury or death. These injuries could be physical or mental, or could consist of damage to property. Some risks are inherent in or integral to those activities and cannot be eliminated or reduced. Among these risks are the following:
a. The nature of the Events themselves, traveling to and from, or any combination thereof;
b. Acts or omissions or negligence of any kind or nature whatsoever by the Organization, its officers, directors, employees, volunteers, independent contractors, agents, or other persons or entities acting on behalf of the Organization (collectively, the “Released Parties”);
c. The acts of other participants in the Events;
d. Weather conditions and the consequences of those weather conditions, including, without limitation, heat exhaustion, hypothermia, frostbite, and dehydration;
e. Contact with plants or animals;
f. My physical condition, or my acts or omissions;
g. Possible failure or malfunction of bicycles, tools and equipment used in the Events;
h. First aid, emergency treatment or other services rendered;
i. The fact that the Events may take place in remote places many hours from any hospital or medical facility, where communications and transportation are difficult and where evacuation and medical care may be delayed.
3. I acknowledge that my participation in these Events may require a degree of skill and knowledge different from other activities and that I have responsibilities to evaluate such risks and knowledge. I represent that, after giving due consideration to the skill and knowledge required to participate in the Events, I am fully capable of participating in these Events without causing harm to myself or others. I have no mental or physical problems or limitations which might compromise or affect my ability to evaluate these risks in these activities which I have not disclosed to the Organization.
4. I, hereby knowingly and intentionally agree to release, indemnify, hold harmless and defend the Released Parties with respect to any and all claims, actions, liabilities, losses, suits, or expenses (including costs and reasonable attorneys’ fees), whether or not suit is brought,
withdrawn or dismissed, including losses claimed to be caused, in whole or in part, by the negligence of the Released Parties, whether foreseen or unforeseen, made or brought by anyone, including any member of my family, arising directly or indirectly out of any damage, loss, injury, illness, paralysis or death in connection with my participation in the Events.
5. In addition, I agree to waive all claims against the Released Parties, and agree that neither I, nor anyone acting on my behalf, will make a claim of any kind against the Released Parties that I may have as a result of any damage, loss, injury, illness, paralysis, or death.
6. I understand the nature of the activity involved with the Events and voluntarily choose to participate in and expressly assume all risks and dangers of such activities, including but not limited to, those claims based on any Released Party’s alleged or actual negligence or breach of any contract and/or express or implied warranty. By agreeing not to sue, I am releasing any right to make a claim or file a lawsuit against any Released Party on behalf of me, any other person in my family, including any legal guardian or parent.
7. I authorize the Organization’s volunteers, employees, directors, officers, and agents to call for medical care for me or transport me to a medical facility or hospital if, in the opinion of the personnel, medical attention is needed. I further authorize appropriate medical personnel to render such treatment as is necessary, in their professional opinion, for my health. I agree that the Organization has no responsibility for medical care provided (or not provided if it is decided not to provide medical attention) to me, and I agree to pay all costs associated with such medical care and transportation.
8. I agree that this document and all other aspects of my relationship with the Organization are governed by the laws of the State of Idaho. Further, any suit, legal proceeding, mediation or arbitration arising out of or relating to my participation in the Events or other activities, or other dispute with the Organization must be filed exclusively in the State of Idaho and Idaho law shall be determinative.
9. My signature below indicates that I have carefully read this entire document, that I have had the opportunity to consult with legal counsel if I desire, that I understand the consequences of executing it, that I agree, on my behalf and on behalf of all members of my family, to be bound by its terms, and that it shall be effective and binding upon myself, and binding upon my parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns.
I HAVE CAREFULLY READ AND UNDERSTAND THE TERMS OF THIS WAIVER AND RELEASE. I UNDERSTAND THAT THIS AGREEMENT IS A CONTRACT, AND IT SHALL APPLY TO EACH AND EVERY TIME I PARTICIPATE IN THE EVENTS. I AM SIGNING IT FREELY AND REALIZE THAT IT IS BINDING UPON MYSELF, AND BINDING UPON MY PARENTS, GUARDIANS, HEIRS, AND NEXT OF KIN, AND ANY LEGAL AND PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.