Salida Mountain Trails Accident Waiver and Release of Liability
In consideration for allowing me 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:
Assumption of Risk. I am aware that cycling and/or participation in an Event, involves inherent risks, including but not limited to collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including potholes and uneven terrain; equipment failure; inadequate safety equipment; use of equipment or materials provided to me by others; those associated with man-made and natural terrain features, including jumps, hills, and other obstacles; sickness or disease (including communicable disease such as COVID-19 and its variants); and adverse weather conditions, including exposure to rain, snow, wind, sun, or heat. I fully understand that participating in an Event is an extreme test of a person’s physical and mental limits and may involve the risk of serious injury or death, economic loss, property damage or loss that may result from my actions, inactions, or negligence, and also from the actions, inactions or negligence of others.
Release of Liability. I hereby forever 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, connected with an Event, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any claims that may arise out of or are related to my participation in an Event, including claims arising from the ordinary negligence of Releasees.
Covenant Not to Sue and Indemnity Agreement. I will not make any claim against Releasees for injury, damage, death, or any other loss arising from or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all of their costs, including reasonable legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness, and liabilities of every kind, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in the Event.
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 in the 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.
Event Cancellations. There will be no refunds for event cancellation including acts of God, weather, smoke, fire, traffic, construction, governmental action, war, terrorism, or other issues which in any way limit the safe operation of an Event.
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 initialing and/or signing my name below.