RELEASE OF LIABILITY AND
COVENANT NOT TO SUE
Please read carefully
before signing. This is a release of liability and waiver of certain legal rights. Your signature is an acceptance and agreement for all of your participation in CMMBA 2024 Activities and Events
In consideration for being permitted to participate in bicycling and
bicycling-related activities (the “Activities”) at the Central Michigan
Mountain Bike Association, Inc.’s (“CMMBA”) trail maintenance, ride, or race (the
“Event”), I agree to the following Release of Liability and Covenant Not to Sue
(the “Release”):
1. Acknowledgment and Assumption of Risks. I
understand that the Activities are inherently dangerous and involve significant
risks of personal injury, death, and property damage. By means of example and
not limitation, I understand that I may encounter risks associated with
variations in terrain, natural and human-made hazards and obstacles and the
design and construction thereof; as well as risks relating to my conduct and
the conduct of others participating in the
Activities, which independently or in combination with the Activities
may cause personal injury, death, and property damage. I hereby assume and
accept responsibility for all risks of personal injury, death, and property
damage which might be associated with my participation in the Activities whether
known or unknown and whether attributable to my actions or inactions or the
actions or inactions (including negligence) of anyone else.
2. Release of Liability and Covenant not to
Sue. I hereby release and discharge the CMMBA and its directors, officers, volunteers, members, employees, and agents,
any Event sponsors, and any other owner, operator, or manager of the facilities
hosting an event (the “Released Parties”) from any and all responsibility,
liability, claims, damages, costs,
attorneys’ fees, expenses, and from any and all causes of action either
known or unknown, relating to or arising out of my participation in the
Activities. Further, I hereby covenant not to sue or assert any claim of any
nature against the Released Parties
relating to or arising out of my participation in the Activities.
3. Indemnity. I agree to indemnify and
hold harmless the Released Parties from and against any and all claims,
costs, expenses, or liability (including
attorneys' fees), attributable to personal injury or death, or to damage or
destruction of property relating to or arising out of my participation in the
Activities. If I am signing this Release on behalf of a minor, I agree to indemnify and hold harmless
the Released Parties from and against any and all claims, costs, expenses, or liability (including attorneys'
fees), attributable to personal injury or death, or to damage or destruction of
property relating to or arising out of the participation in the Activities by
the minor on whose behalf I am signing this Release.
4. Representations. I represent that: (i)
I am 18 years old or older; (ii) I know of no reason, medical or otherwise,
which would prevent me from participating in the Activities; (iii) I understand
and agree that this Release is binding upon me,
and my heirs and assigns; and (iv) if I am signing this Release on
behalf of a minor, I represent that I have the full legal authority to do so
and realize the binding effect of this Release on them, as well as on myself.
5.
Consent to Medical Treatment. If I, or
the minor on whose behalf I am signing this Release, is injured or becomes
ill, I consent to and authorize the
provision of emergency first aid or medical treatment.
6. Execution by Parent/Guardian. If I am signing this Release on behalf of a minor, the pronouns “me” and “my” when used in reference to participation in the Activities shall refer to the minor (e.g., my participation shall mean the minor’s participation).
7. Interpretation and Venue. This Release shall be construed according to the laws of the State of Michigan. Any action arising out of the Activities or this Release shall be litigated in either a state court located in Isabella County, Michigan or the United States District Court that covers the Central Michigan area.
8. Photo/Video Release. I grant permission to CMMBA to take (or cause others to take) photographs and videos of me during the Activities, and to use the same for any purpose including but not limited to promoting, advertising and marketing. I acknowledge and agree that any such photographs and videos shall be the sole property of CMMBA and its assigns.
9. Annual Release. I understand that this Release shall cover all Activities in which I participate during 2024.
I, THE UNDERSIGNED, HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND COVENANT NOT TO SUE, I FULLY UNDERSTAND ITS TERMS AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW.