RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

This document is a legal contract. Please read and understand it before signing.

PARTICIPANT NAME: [Participant Name]
DATE: [Date]

This Agreement is entered into between the undersigned participant (“Participant”) and Dirty Wheels MTB, LLC (“Company”), its directors, officers, employees, volunteers, agents, and all other persons or entities acting in any capacity on their behalf.

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Participation in mountain biking and related activities (collectively, “Activities”) conducted by the Company involves known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to the Participant, to property, or to third parties. The Participant understands that these Activities are inherently dangerous and may result in grave, permanent physical injuries or even death. By participating, the Participant freely accepts and fully assumes all such risks and the possibility of personal injury, death, property damage, or loss resulting therefrom.

2. RELEASE OF LIABILITY AND WAIVER OF RIGHTS

The Participant hereby releases, waives, discharges, and covenants not to sue the Company for all claims, demands, liabilities, causes of action, expenses, attorneys’ fees, damages, and losses arising from any legal action, however caused, related to participation in the Activities, including those arising from the Company’s negligence.

3. INDEMNITY AGREEMENT

The Participant agrees to indemnify and hold harmless the Company from any and all claims, actions, suits, costs, expenses, damages, and liabilities, including attorney’s fees, resulting from involvement in the Activities, including those resulting from the Company’s negligence.

4. INSURANCE

The Participant is required to carry both personal medical insurance and equipment insurance as a condition of participating in the Activities. The Participant must either:

a. Provide proof of adequate personal injury insurance coverage, which includes coverage for any injuries sustained while participating in the Activities.

b. Provide proof of equipment insurance coverage, which should include, but is not limited to, coverage for bicycles, protective gear, tools, and personal vehicles used in conjunction with the Activities.

c. Expressly waive the need for such insurance, and accept personal financial responsibility for any expenses incurred as a result of injury, damage, or loss to themselves or their equipment.

By choosing to waive these insurance requirements, the Participant understands and accepts the risks associated with not having personal injury and equipment insurance, which may expose them to significant personal financial liability in the event of injury, damage, or loss during participation in the Activities.

5. USAGE OF PERSONAL INFORMATION AND MEDIA RELEASE

The Participant expressly agrees to the release of their personally identifiable information within the scope of the Activities. Additionally, the Participant grants the Company the right to photograph, record, and/or videotape their participation in the Activities and to use any such media (“Media”) for any purpose, including advertising and promotional purposes, in any medium, including the internet. The Participant has the option to allow or disallow the use of such Media by the Company as follows:

• I consent to the use of such Media as described above.
• I do not consent to the use of such Media as described above.

6. JURISDICTION

This Agreement is governed by the laws of the state where the Company is headquartered, without regard to its conflict of laws rules. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the state where the Company is headquartered.

7. SEVERABILITY

If any provision or part of a provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall continue in full force and effect.

8. ACKNOWLEDGMENT

The Participant acknowledges that they have had sufficient opportunity to read this entire document and understand its contents. They are aware that this Agreement includes an assumption of risk, a release of liability, an agreement not to sue, and a media release provision. The Participant agrees to this Agreement freely and voluntarily without any inducement.

PARTICIPANT SIGNATURE: __________________________________________

DATE: [Date]

This Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement ensures all participants are fully informed of the risks associated with mountain biking and the legal implications of their participation.