RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF LEGAL RIGHTS, CONSENT FOR MEDICAL TREATMENT
READ CAREFULLY BEFORE SIGNING
MT ABRAM BIKE PARK
MY ABRAM, LLC (the “Resort”)
The participant identified below, who is at least 18 years old (the “Adult”) has read this agreement and has signed it, or if the participant is younger than 18 (“Minor”), the Minor’s parent or legal guardian (the “Adult”), has read this agreement and signed it on behalf of him/herself and the Minor. The Adult or the Minor participant and the Minor’s parent or legal guardian collectively, will be referred to herein as the “Undersigned.” “Participant” refers to the person actually taking part in some or all of the summer activities, lift transport, mountain bike riding, including the Mt Abram Bike Park, mountain bike tour, lesson, or bike rental or any other use of the facilities or services (collectively the “Activity”) at Mt Abram. The Undersigned understand and agree that Participant will not be permitted to take part in an Activity unless this Release Agreement (“Agreement”) is fully executed.
THIS AGREEMENT WILL APPLY FOR EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY THE RESORT’S AUTHORIZED REPRESENTATIVE. THE PERSON SIGNING BELOW ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT FOR HIM/HERSELF AND, IF APPLICABLE, ON BEHALF OF MINOR, HE/SHE IS ASSUMING RISK, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED BY MAINE LAW.
Undersigned understand and agree that the Activity in which Participant will be engaged involves risks, known or unknown, inherent or otherwise, and that some of which are described herein. Undersigned understand and agree that the Activity involves strenuous physical activity that may be hazardous to some people due to their physical condition and that outdoor activities especially those conducted at high altitude, 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, skin irritations and illness due to plants, wildlife encounters, falling trees and limbs and reduced oxygen in the air at high altitude.
MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking is different than road biking, and may be more dangerous than road biking in that it is done on partially improved and unimproved trails and roads, as well as 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, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops, 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, other riders, hikers and pedestrians, heavy equipment and vehicles. Trail conditions and features may change quickly due to weather, use and other factors.
Undersigned understand and agree that there are risks involved in decision-making and conduct of the Resort’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 Resort personnel, the risk associated with decisions made by Resort 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 the Participant. eBikes may include additional risks including but not limited to failure of properly control the acceleration and deceleration of the bike, higher rates of speed, and loss of maneuverability. Undersigned understand and agree that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lift and access the terrain they choose. Adult also understands and agrees that Minor may be riding the lift without being accompanied by an adult and hereby gives permission for the minor to do so. Adult agrees that he/she will instruct and direct Minor to abide by the rules and regulations of the Resort and to follow instructions and direction from Resort staff.
RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY AND, IF APPLICABLE, VOLUNTARILY CHOOOSES TO ALLOW MINOR TO PARTICIPAT IN THE ACITIVTY AND REPRESENTS THAT PARTICIPANT HAS THE SKILLS AND DEXTERITY TO SAFELY PARTICPATE IN THE ACTIVITY AND WILL AT ALL TIMES RIDE WITHIN HIS/HER ABILITIES OR PARTICPATE IN OTHER PARTS OF THE ACTIVITY IN A PRUDENT AND RESPONSIBLE MANER.
By signing this Agreement Undersigned acknowledge the risk associated with the Activity and, as a condition to Participant engaging in the Activity, Undersigned agree to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Participant resulting from participation in the Activity;
(2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against, the Resort and its insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, and agents as well as any Activity sponsors, equipment manufacturers and distributors (hereinafter the “Indemnified Parties”) that are based on, arise or result from, in whole or in part, participation in any Activity, including those claims or actions grounded in negligence; (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever, including those grounded in negligence, arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned.
HELMETS ARE REQUIRED while mountain biking at the Resort. Undersigned agree that Participant will wear a helmet at all times while riding at the Resort and will operate his/her mountain bike only on marked trails or roads. Undersigned understand and agree that although Participant may be wearing a helmet, a helmet cannot guarantee Participant’s 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 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. Undersigned warrant that Participant will operate rental equipment ONLY after receiving instructions on its safe and proper use and understands how to use the brakes and shifting mechanisms. Adult understands and agrees that he/she may not be available or present when the Minor’s equipment is fitted and adjusted and hereby waives the opportunity to verify the mountain bike and helmet size and fit and authorizes of the Resort to fit and adjust the mountain bike and helmet. Prior to mountain biking Participant will inspect his/her bicycle and assure him/herself that it is in good operating order and can be safely used. Participant understands and agrees that the rental equipment is equipped for daytime use ONLY and that any use of the equipment after dark is not recommended and it is at the Participant’s own risk. Undersigned understand and agree that the Participant will be the only person to use the rented equipment during this rental period. Undersigned accept the equipment for use “as is” and with no warranties, express or implied, and accept full responsibility for the care and the equipment while in Participant’s possession. If the rental equipment is not functioning properly, Undersigned agree Participant will stop using rental equipment immediately, will notify the rental shop immediately and return the improperly functioning equipment to the rental shop.
DAMAGE RESPONSIBILITY: If equipment is being rented, Undersigned accept responsibility for any and all damage to equipment, beyond normal wear and tear, and agree to pay all costs of necessary repairs including but not limited to parts, and labor at prevailing shop rates. Evaluation of such damage and repairs needed are at the sole discretion of a shop technician who will inspect the equipment within 24 hours from the time it is returned. Undersigned understand and agree that any adjustment that Participant may make on the equipment is subject to readjustment by the shop technician at Undersigned’s sole expense. Undersigned agree that Participant will return the equipment to rental shop at the agreed upon time and that the Undersigned will be responsible for full retail value if Participant returns equipment late.
Undersigned authorize the Resort and/or its authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility if, in the opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, the Resort shall not have any further responsibility for the Participant, and all costs associated with such medical care and related transportation provided for the Participant shall be paid by Undersigned and the Undersigned do hereby indemnify and hold harmless the Indemnified Parties of and from any costs incurred therein.
Undersigned give Resort permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sublicense such material for any purpose in promoting the Resort or related activities of the Resort in print, brochures, advertisements, film or videos and on broadcast presentations of any sort.
The adult signing below agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be GOVERNED BY MAINE LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the District Court in Oxford county or in Federal Court for the District of Maine.
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.
This Agreement shall be binding upon Undersigned’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.