ASSUMPTION OF RISK, LIABILITY WAIVER, RELEASE, AND INDEMNITY AGREEMENT
* * * I UNDERSTAND THAT BY SIGNING THIS DOCUMENT * * *
* * * I AM GIVING UP LEGAL RIGHTS ON MY OWN BEHALF * * *
* * * AND ON BEHALF OF MY MINOR CHILDREN * * *
I, on my own behalf and on behalf of my minor children, understand that there are significant elements of risk in mountain biking and that there are significant elements of risk in activities associated with mountain biking including – but not limited to – participation in the Gators Race Series, activities such as trail riding, trail building, and racing. In spite of these significant elements of risk, I (we) choose to participate in mountain biking and activities associated with mountain biking. I (we) also understand that these significant elements of risk include – but are not limited to – the risk of damage to property, the risk of physical injury or death, and the risk of emotional injury. I (we) also understand that there may be other significant elements of risk that are not described above in mountain biking and in activities associated with mountain biking.
Assumption of Risk. In recognition of the significant risks in mountain biking and in activities associated with mountain biking which I and any minor children for which I am responsible will engage in, I confirm that I am (we are) physically and mentally capable of participating in mountain biking and in activities associated with mountain biking. I (we) participate willingly and voluntarily and I (we) assume full responsibility for personal injury, accidents, or illness (including death), and any related expenses. I (we) also assume responsibility for damage to or loss of my (our) personal property. I (we) also assume the risk of accidents or injury caused by the negligence of other participants in mountain biking and activities associated with mountain biking. I (we) assume the risk of personal injury, emotional injury, accidents, and illnesses, including – but not limited to – sprains, torn muscles, torn ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and contusions; dehydration; head, neck, and spinal injuries; insect bites and allergic reactions; shock, paralysis, and death. I (we) understand that there are other types of injuries that are not described above in mountain biking and in activities associated with mountain biking and I (we) voluntarily and knowingly assume those risks.
Liability Waiver and Release. In consideration of my (our) participation in the Gators Race Series and in mountain biking and in activities associated with mountain biking in association with Progressive Bike Ramps, TrailGators and Gators Bike Park, and the owners of any property on which such mountain biking activities take place, I, for myself and for any minor children for which I am parent, legal guardian, or otherwise responsible, and on behalf of my (our) heirs, personal representatives, and assigns, do hereby waive, release, and forever discharge TrailGators, Gators Bike Park, Worthington Schools, and Worthington Schools Board of Education and their principals, directors, officers, agents, employees, and volunteers, and each and every land owner, and municipal or governmental agency upon whose property an activity is conducted (collectively, the “Released Parties”), from all liability and waive any claim for damage arising from any cause whatsoever. I understand that this Assumption of Risk, Liability Waiver, Release, and Indemnity Agreement (the “Agreement”) does not apply to acts of gross negligence or to reckless or willful misconduct.
BY SIGNING AND AGREEING TO THIS AGREEMENT, I (WE) ACKNOWLEDGE THAT I AM (WE ARE) GIVING UP CERTAIN LEGAL RIGHTS. I (WE) HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT. I (WE) HAVE READ AND UNDERSTAND IT, AND I (WE) AGREE TO BE BOUND BY ITS TERMS FOR THE SWAMP DASH AND ALL FUTURE MOUNTAIN BIKING AND MOUNTAIN BIKING RELATED ACTIVITIES IN ASSOCIATION WITH TRAILGATORS AND GATORS BIKE PARK.
Indemnity. I, the person signing below, represent and agree that: (1) I have the legal right to enter into the Agreement on behalf of the minor Participant; (2) I hereby enter into the Agreement on behalf of myself and on behalf of the minor Participant; (3) I agree to hold harmless, defend, and indemnify the Released Parties from any and all claims of the minor Participant, the minor Participant’s heirs, personal representatives, and assigns, and from any and all claims of mine, including claims of my heirs, personal representatives, and assigns arising from any loss or damage as the result of the minor Participant’s or my attendance at or participation in mountain biking and in activities associated with mountain biking in association with TrailGators and Gators Bike Park as described more fully above.
PHOTO RELEASE. I hereby grant the Released Parties permission to use my likeness, and the likeness of the minor Participant, in any photograph, audio or video recording, or other digital media (collectively, “Media”) in any and all of the Released Parties’ publications, including web-based publications, social media, or in any other format, without payment or other consideration. I understand and agree that all Media will become the property of the Released Parties. I authorize the Released Parties to edit, alter, copy, exhibit, publish, or distribute the Media for any lawful purpose. I waive the right to inspect or approve the Media wherein my likeness, or the likeness of the minor Participant, appears. I waive any right to royalties or any other compensation arising out of or related to the use of the Media. I, on my own behalf and on behalf of the minor Participant, and on behalf of my (our) heirs, personal representatives, and assigns, do hereby waive, release, and forever discharge the Release Parties from any liability and all claims, demands, and causes of action relating to the Media.
EMAIL OPT-IN. I hereby grant TrailGators and Gators Bike Park permission to email me updates regarding Gators Bike Park, Gators Bike Team and Gators Race Series.
REFUND POLICY. Gators Race Series will not refund pre-registration fees due to inclement weather. Gators Race Series does not allow registration transfers to subsequent races due to inclement weather.
SUDDEN CARDIAC ARREST WAIVER: Lindsay's Law Ohio Revised Code: 3313.5310, 3707.58 and 3707.59 establishes guidelines and other relevant materials to inform and educate students and youth athletes participating in or desiring to participate in an athletic activity, their parents, and their coaches about the nature and warning signs of sudden cardiac arrest.
https://odh.ohio.gov/know-our-programs/Lindsays-Law/Lindsays-Law
Required video: https://www.youtube.com/watch?v=s-YfCWQPeqw&feature=youtu.be
Required SCA Informational Handout: https://odh.ohio.gov/wps/portal/gov/odh/know-our-programs/lindsays-law/resources/required-sca-informational-handout-parents-guardians
As the parent or guardian of the player being registered with my name, I have read the Lindsay's Law Sudden Cardiac Arrest in Youth Athletes information from the Ohio Department of Health which I have shared and explained to the aforementioned player and have watched the accompanying video with our son/daughter in regards Lindsay's Law.
* * * READ ALL OF THE ABOVE BEFORE SIGNING * * *