Youth Cycling Waiver
In consideration for allowing me or my child to participate in an event, ride, or other activity with which Salida Mountain Trails (“SMT”) is affiliated, and all activities related to or connected with an event, including travel to and from an event (collectively an “Event”), whether as a rider, official, coach, mechanic, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree as follows:
Refund/Cancellation Policy:
Payment will be taken against my credit card if I fail to show up. There are no refunds. Cancellations within 5 days of reservation date will be charged in full and a new date can/will be set. Reservations made within 24 hours of pickup time are considered confirmed, require payment in full, and are non-refundable.
Release of Liability
I understand that bicycling is a hazardous activity. I understand that this sport involves a risk of injury or death resulting from risks, including, but not limited to rough, uneven condition of roads and trails which may have rocks, trees, ledges, soft sand, mud, ruts, stumps, brush, and ruts. I understand that cycling involves a risk of collisions with other bikers, pedestrians and vehicles or other man-made objects, and the risk of failure of bike components, and exposure to weather including sun, heat, cold, hail, rain, and snow. Falls are a common occurrence of the sport. I am voluntarily participating in this activity with the knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risk of injury or death from participation in this activity. (I further agree to wear a specially approved helmet at all times while cycling.)
I understand that SMT is NOT the manufacturer, distributor, seller, renter, or the AGENT of the manufacturer, distributor, seller, or renter of any equipment provided and that no warranty against defects is given. SMT shall not be liable for any damage resulting from any defects.
In consideration of being permitted to participate in the Event, I, for myself, my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby release, waive and discharge SMT and its affiliates, and each of their respective officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, sponsors and affiliates as well as the, sponsors, organizers, property owners, law enforcement agencies, local governments, and other public entities (referred to as “Releasees”), from all liability to me, my children, my spouse, legal and personal representatives,executors, heirs and assigns, for any and all loss or damage, and any claim or damages, on account of injury to my person or property, even injury resulting in my death, to the fullest extent permitted by law, whether caused by the negligence of Releasees, or otherwise, arising from or related to participation in the Event.
I am competent, capable, and in sufficient good health to participate in the Event safely. I agree to indemnify Releasees for any incurred loss, liability, damage or cost caused by me, including attorney fees and costs. I have carefully read this agreement and fully understand its contents. This is a contract and release of liability, and I sign of my own free will. Signing the front of this form constitutes acceptance of all terms and conditions above.
Health. I represent and warrant that I am in good health and proper physical condition to participate in an Event safely. I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my well-being at all times while participating in an Event. If I suffer any injury related to or arising from an Event, I consent to the release of my name and medical information by any third party to Releasees and their insurance carriers.
Rules; Regulations; Equipment. I agree to be familiar with and abide by the rules and regulations established for an Event. I also agree that I am subject to, and shall abide by, the rules and laws applicable to the Event. I agree to be familiar with the Event course or route, and to be solely responsible for navigation. I agree to ride and participate to neither endanger myself nor others.
I accept responsibility for the condition and adequacy of my equipment and any equipment provided by others for my use. I will wear a helmet that complies with ANSI or SNELL rules and regulations, and I assume all responsibility for the selection of such a helmet.
I agree to the posted closing times of the aid stations along the route and understand after the closing times the event ride support will cease. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this event. In the event of accident and/or injury I further consent to the release of any and all transport, treatment and/or medical information to SMT relating thereto.
Use of Information. I understand that SMT may collect or receive my contact information and use it to administer this Waiver and Release and for marketing purposes. I further acknowledge, agree and consent that SMT may share this information with third parties who need access to this information to perform services on SMT’s behalf, (b) and may also share this information to marketing partners, and (c) SMT and its select marketing partners may use this information to contact me with information and offers believed to be of interest to me.
Media Grant. I irrevocably grant and license to SMT and its affiliates, the right to capture and use my image, likeness, name, voice, comments or other proprietary or public rights in any broadcast, telecast, photograph, video, or audio sound recording taken in connection with an Event, without compensation, for all purposes, including any commercial use so long as such use does not imply my endorsement of any company, product, or service.
Governing Law; Jurisdiction; Severability. All provisions of this Waiver and Release shall be governed by and construed under the laws of Colorado, without regard to its choice of law rules. Any legal suit, action, or proceeding arising out of or relating to this agreement shall be instituted only in the state courts of Chaffee County, Colorado. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. If any provision of this agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or invalidate or render unenforceable any other provision in any other jurisdiction.
Miscellaneous. This Waiver and Release shall be construed broadly to provide a release and waiver to the maximum extent permissible.
I have carefully read the preceding and understand its terms. I attest that I am 18 years of age or older). I know that I am giving up substantial rights, including my right to sue Releasees for injuries resulting from the inherent risks of cycling and the ordinary negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily. I intend my signature to be a complete and unconditional release of all liability to the greatest extent permitted by law.
I certify that I have read, understood, and agreed to the terms of this Waiver and Release by clicking a check box and entering my name into a form while registering for any Event.