Rock Creek Pass Waiver
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT
_______________________, the adult participant (“Participant”) or parent/guardian on behalf of a minor participant ________________________ ("Minor Participant") (collectively, "Participant(s)") has read this Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement and Consent for Medical Treatment (“Agreement”) and acknowledges that Participant (and/or the Minor Participant) has voluntarily agreed to participate in the "Activity" defined as taking part in some or all of the bike park activities, mountain bike riding, including the Rock Creek Bike Park, mountain bike tour, lesson, or bike rental or any other use of the facilities or services at Rock Creek Bike Park, operated by Pisgah Trail Company LLC (collectively "Rock Creek") and MTB Skills Factory, LLC. Participant(s) understands and agrees that Participant(s) will not be permitted to take part in Activity unless this Agreement is fully executed.
ASSUMPTION OF THE RISKS
Participant(s) hereby acknowledges and accepts that the Activity and undertakings associated therewith, may be physically and emotionally challenging, and that participation in the Activity may involve physical contact with others, use of and proximity to equipment and other dangerous apparatus, and exposure to risk of accident, personal injury, death, damage to personal property, mental distress, or contact with communicable diseases, viruses or bacteria. Participant(s) further acknowledges and agrees that the Activity may involve certain risks, known or unknown, inherent or otherwise associated with participation in the Activity. Participant(s) understands and agrees that the Activity involves strenuous physical activity that may be hazardous to some people due to physical condition or the terrain, and that outdoor activities, involve dangers and risks that can lead to serious injury and death. Such dangers and risks include, without limitation, becoming lost or disoriented, rapidly changing weather conditions, exposure to the sun, rain, snow, hail and lightning, hypothermia, dangers caused by other persons engaged in similar activities, the possible occurrence of landslides and flooding injury or illness due to plants, wildlife or insect encounters, falling trees and limbs.
PARTICIPANT(S) ACKNOWLEDGES AND AGREES THAT MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking done on partially improved and unimproved trails and roads, and on naturally rugged terrain. Mountain biking involves risks, including, but not limited to, steep slopes, rocks of various sizes, trees, roots, tree stumps, cliffs, rock drops, holes and potholes, depressions, gaps, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops, wooden features, wallrides, elevated stunts, uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, loose gravel and dirt, wet surfaces, downed timber, debris, collisions with other riders, hikers and pedestrians, heavy equipment, shuttle loading and unloading, all terrrain vehicles, motor vehicles, paved surfaces, collisions with vehicles, animals, and vehicles. Trail conditions and features may change quickly due to weather, use and other factors. Participant(s) understands and agrees that there are risks involved in decision-making and conduct of Ride Rock Creek's employees involved with the Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Ride Rock Creek employees, agents, volunteers, Henderson County EMS personnel, the risks associated with decisions made by Ride Rock Creek personnel to open and/or close terrain, and the risk that an instructor/coach/guide may misjudge weather, trail conditions, route/terrain selection, location, or some aspect of Participant(s)' abilities, conditioning, mental, emotional or physical condition that may make a certain portion of the Activity appropriate or inappropriate for Participant(s). eBikes include additional risks, including but not limited to, failure to properly control the acceleration and deceleration of the bike, higher rates of speed, catching on fire and loss of maneuverability.
Participant(s) understands and agrees that he/she must have the physical dexterity and knowledge to ride and access the selected terrain. Participant(s) agrees to follow and abide by all rules, regulations and instructions of Ride Rock Creek and agrees to instruct and direct Minor Participant to abide by all such the rules, regulations, and instructions. Participant(s) also agrees to abide by any decision of any Pisgah Trail Company LLC, MTB Skills Factory, LLC and Ride Rock Creek employee, event director, organizer, volunteer, director, representative, agent, and officer (individually or collectively, ("Ride Rock Creek Parties") regarding Participant(s) ability to safely participate in the Activity. Participant(s) further acknowledges and agrees that Participant(s)' participation in the Activity may be terminated immediately if any of the Ride Rock Creek Parties believe, in their sole discretion, that Participant(s) is unable to safely complete the Activity for any reason or is under the influence of alcohol or drugs.
PARTICIPANT(S) IS AWARE THAT THE ACTIVITY MAY BE DANGEROUS AND THAT PARTICIPANT(S) COULD SUSTAIN SERIOUS INJURY, DEATH, OR EXPOSURE TO A COMMUNICABLE DISEASE, VIRUS, BACTERIA OR ILLNESS (INCLUDING BUT NOT LIMITED TO COVID-19 OR ANY OTHER CORONAVIRUS). PARTICIPANT(S) IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREES THAT THIS PROVISION CONCERNS A SUBSTANTIAL RIGHT. PARTICIPANT(S) FURTHER AGREES TO ASSUME ANY AND ALL RISKS OF ACCIDENT, BODILY INJURY, DEATH, EXPOSURE TO A COMMUNICABLE DISEASE, VIRUS, BACTERIA OR ILLNESS (INCLUDING BUT NOT LIMITED TO COVID-19 OR ANY OTHER CORONAVIRUS) OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, AND EVEN IF ARISING FROM THE NEGLIGENCE OF THOSE PERSONS RELEASED FROM LIABILITY BELOW, WITH THE EXCEPTION OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ASSUME FULL RESPONSIBILITY FOR PARTICIPANT(S)' PARTICIPATION.
I verify this statement by placing my initials here:______________
WAIVER AND RELEASE OF LIABILITY
For and in consideration of Ride Rock Creek allowing Participant(s), to participate in Activity, Participant(s) agrees on behalf of Participant or Minor Participant and Participant's and/or Minor Participant's heirs, executors, administrators, and personal representatives (the "Releasing Parties") to hereby irrevocably, unconditionally, and forever release, acquit, discharge, hold harmless, and indemnify (i.e., defend and pay any judgment and costs, including attorneys' fees and related expenses) Ride Rock Creek, as well as, where applicable; Intrawest/Pisgah Trail Company LLC; LaMond Properties; LaMond Family Medicine; Blue Sky Endeavors, Josh Whitmore LLC, MTB Skills Factory LLC and each of their respective insurance carries, subsidiaries and affiliates, officers, directors, shareholders, members, managers, representatives, assignees, employees, volunteers, agents, contractors, as well as any Activity sponsor, equipment manufacturers and distributors, the facility, venue and property owners or operators upon which the Activity takes place; any other organizers, promoters, sponsors, advertisers, coaches and officials for this Activity; (the "Released Parties") from any and all charges, actions, complaints, causes of action, claims, liabilities, obligations, promises, controversies, damages, suits, proceedings, expenses, attorney fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising out of contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to the Activity, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
Participant(s) on behalf of Participant (or Minor Participant) further acknowledges and agrees that the Released Parties shall have no liability or obligation to Releasing Parties with respect to, arising from, related to, or in connection with Participant(s) participation in the Activity. Participant(s) hereby represents and warrants that Participant(s) is at least eighteen (18) years of age or older, or if signing on behalf of a Minor Participant, that the undersigned is a parent or guardian of Minor Participant authorized to provide written consent for Minor Participant to participate in the Activity and execute this Agreement. Participant(s) is not under any legal incapacity to execute this Agreement and intends to be bound (or intends to bind Minor Participant) by its terms, and has read this Agreement and fully understands the terms and provisions hereof (including, without limitation, that this is a liability waiver and release of claims and indemnity agreement). Participant(s) (or Minor Participant) agrees that, notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of this Agreement, and Participant(s) further expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held void or unenforceable, it is agreed that, notwithstanding any such invalidity, the remainder of this Agreement shall continue in full legal force and effect. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.
By participating in the Activity and executing this Agreement, Participant(s) represents that he/she is in good health; physical condition; physically fit; sufficiently trained and does not suffer from any disability, which would prevent the safe participation in the Activity.
MEDICAL EMERGENCIES: Participant(s) hereby gives permission to the Ride Rock Creek Parties to contact emergency services for help or provide Participant(s) with emergency medical treatment or First Aid, whether or not the Ride Rock Creek Parties have contacted Participant(s)' emergency contact, and gives permission to a licensed physician or other licensed medical provider or first responder to provide proper treatment, including but not limited to emergency transportation, treatment, hospitalization, injection, anesthesia and/or surgery. Participant(s) hereby RELEASES, WAIVES AND FOREVER DISCHARGES the Ride Rock Creek Parties from any and all claims, liabilities, causes of action, damages, demands, judgments, executions, liens and costs whatsoever in law or equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization, or (ii) against the Ride Rock Creek Parties for obtaining or administering First Aid or emergency medical services for me pursuant to this authorization and waiver.
MEDIA RELEASE: Participant(s), agrees on behalf of Participant or on behalf of Minor Participant, to hereby irrevocably give the Ride Rock Creek Parties and its respective licensees, agents, affiliates, successors, and assigns and/or others working on their behalf permission and grant to the Ride Rock Creek Parties the right, to film, record, and photograph Participant and/or Minor Participant according to the terms and conditions set forth in this Agreement. Participant(s) hereby grants and licenses to the Ride Rock Creek Parties a perpetual, worldwide, irrevocable, non-exclusive, freely assignable with the right to sublicense (by the Ride Rock Creek Parties), royalty-free, and paid-up right to use, reproduce, duplicate, integrate, publish, exhibit, sell, or sublicense, (collectively, "Use") Participant's and/or Minor Participant's image, portrait, picture, likeness, voice, statements (including extractions thereof), and/or performance, (as applicable), including any derivatives, modifications, alterations, or edits thereto (collectively, Participant's or Minor Participant's "Likeness") and all materials created by or on behalf of the Ride Rock Creek Parties that incorporate any of the foregoing (the "Materials"), including video, photographs, negatives, positives, prints, digital reproductions, audio recordings, or other manifestations thereof and on, or in connection with any media, including the Internet, the Ride Rock Creek Parties', or other relevant websites, social media sites, blogs, and any and all digital and new media along with any activating or subscription-based technical components or features provided thereon, whether now existing or hereinafter developed. The Ride Rock Creek Parties' use of the Materials shall be solely for the purpose of advertising and promoting Ride Rock Creek and any related outdoor recreation and associated services and without any additional notice to, consent by, approval by, or compensation to Participant or Minor Participant.
Participant(s) agrees that all right, title, and interest in and to the Materials are exclusively owned by the Ride Rock Creek Parties, including all copyrights and other intellectual property rights therein, and Participant(s) hereby releases any rights, title, or interest to, or in connection with the Materials. Participant(s) agrees that the results of Participant's or Minor Participant's participation in connection with the Materials will be considered work made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent that the Materials, or any part thereof, fails to be considered a work made for hire (or for any other reason does not automatically inure to the Ride Rock Creek Parties), Participant(s) hereby permanently and irrevocably assigns to Ride Rock Creek Parties all rights, title, and interest in and to, if any, the Materials. Participant(s) hereby waives the benefit of any moral rights and of any similar law anywhere in the world. Participant(s) will not authorize any other individual or entity to Use the Materials.
To the fullest extent permitted by applicable law, Participant(s) hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, damages, and expenses arising directly or indirectly from the Ride Rock Creek Parties' use of the Materials in accordance with the terms hereof, including what might be deemed misrepresentation due to editing, alteration, distortion, optical illusion or faulty processing or reproduction which may occur in the finished Materials or any claims of defamation, disparagement, slander, libel, false light invasion of privacy or publicity, intellectual property infringement or the like in any jurisdiction throughout the world. Nothing herein shall constitute any obligation on the Ride Rock Creek Parties to make any use of the license granted by Participant or Minor Participant as set forth herein. The Ride Rock Creek Parties' use is completely at its own discretion.
HELMETS ARE REQUIRED while mountain biking at the bike park. Participant(s) agrees to wear a helmet at all times while riding at Ride Rock Creek and to operate Participant(s) mountain bike only on marked trails or roads, unless specifically authorized to operate his/her mountain bike elsewhere by Ride Rock Creek staff. Participant(s) understands and agrees that although Participant(s) may be wearing a helmet, a helmet cannot guarantee safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. Participant(s) agrees to wear appropriate safety equipment, as established by industry standards and common safety practices and assumes all risks associated with failure to wear appropriate safety equipment. Participant(s) warrants that Participant(s) will operate rental equipment ONLY after receiving instructions on it its safe and proper use and understands how to use the brakes and shifting mechanisms. Prior to mountain biking Participant(s) will inspect all rented, borrowed, or loaned equipment and assure him/herself that it is in good operating order and can be safely used. Participant(s) understands and agrees that rental equipment is equipped and intended for daytime use ONLY and that any use of the equipment after dark is not recommended or authorized. Participant(s) understand and agree that Participant(s) will be the only person permitted to use the rented equipment during this rental period. Participant(s) accepts the equipment for use “as is” and with no warranties, express or implied, and accepts full responsibility for the care of the equipment while in Participant(s) possession. If the rental equipment is not functioning properly, Participant(s) agrees to stop using rental equipment immediately, to notify the rental shop immediately and return the improperly functioning equipment to the rental shop.
LAND USE AGREEMENT: WARNING
Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity."
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I (OR MINOR PARTICIPANT) AM AWARE THAT THE TERMS OF THE AGREEMENT ARE CONTRACTUAL AND NOT A MERE RECITAL, AND SIGN IT OF MY OWN FREE WILL.
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ND: 4848-5017-3384, v. 1
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Document Name: Rock Creek Pass Waiver
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