In this release agreement, the term “Mountain Biking” shall include all activities, events, services or use of facilities provided, arranged organized or conducted by the below-named releasees including but not limited to: cycling, downhill mountain biking, guided biking activities, bike camps, bike skills training, use of trails and roads for any activity, competitions, demonstrations and events, orientation and instructional courses and sessions, and all other related activities, events or services.
In consideration for releasees RONNIE’S BATTLEBORN PRODIGIES, LLC, Ronnie Schoff, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “RONNIE’S BATTLEBORN PRODIGIES” ) providing me use of facilities, services and/or equipment to enable me to participate in Mountain Activities, I hereby agree to fully and completely release and discharge from all liability, losses, claims, damages, and expenses,
RONNIE’S BATTLEBORN PRODIGIES on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate as follows:
In consideration of being permitted to participate in any way in the Mountain Bike Coaching/Instruction Program provided by Ronnie’s Battleborn Prodigies and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1: I understand that each person participating in the Activity is a “Participant.” I am signing this on my own behalf and, if a Participant is under the age of 18, I am signing as that Participant’s parent or legal guardian. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the Mountain Biking activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2:If a minor/child/infant Participant is participating in the Activity, I represent that I am the minor/child/infant Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR HIM/HER TO TAKE PART IN THE ACTIVITY. I acknowledge that I am signing this release on behalf of the minor/child/infant and that THEY SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. If my child is participating, I also acknowledge that:
By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years old. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this agreement.
3: I/WE fully understand and acknowledge that:
4: I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
5: I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Ronnie’s Battleborn Prodigies or the facility used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the Mountain Biking event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities Mountain Biking regarding the Mountain Biking events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee” FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
6: I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
7: HELMETS ARE REQUIRED AT ALL TIMES. I hereby agree to wear a helmet and that the helmet I am wearing is in good working order and not otherwise damaged. I understand that A HELMET is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that biking and other activities can expose the user to forces that exceed the limits of protection provided by a helmet.
8: KNEE PADS & FULL FINGER GLOVES (PROTECTIVE EQUIPMENT) ARE REQUIRED AT ALL TIMES. I hereby agree to wear knee pads & full finger gloves and that the knee pads & full finger gloves I am wearing are in good working order and not otherwise damaged. I understand that KNEE PADS & FULL FINGER GLOVES are in no way a guarantee of safety and that no protective equipment can protect the wearer against all foreseeable impacts or injuries, and that biking and other activities can expose the user to forces that exceed the limits of protection provided by the protective equipment.
9: EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
10: On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
11: I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any associated costs.
12: I understand that this Agreement will apply for each and every day Participant engages in any Activity during the applicable operating season. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon my and my child’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
13: Participant assumes responsibility for maintaining control at all possible times while engaging in the Activity.
14a: I understand that during the lesson photography & videography may be taken. I hereby grant Ronnie’s Battleborn Prodigies permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, social media & other promotional items without payment or other consideration.
14b: I understand and agree that all photos will become the property of Ronnie’s Battleborn Prodigies and will not be returned.
14c: I hereby irrevocably authorize Ronnie’s Battleborn Prodigies to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
14d: I hereby hold harmless, release, and forever discharge Ronnie’s Battleborn Prodigies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
15a: I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
15b: I further acknowledge that RONNIE’S BATTLEBORN PRODIGIES has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
15c: I further acknowledge that RONNIE’S BATTLEBORN PRODIGIES cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, RONNIE’S BATTLEBORN PRODIGIES staff, and other RONNIE’S BATTLEBORN PRODIGIES clients and their families.
15d: I voluntarily seek services provided by RONNIE’S BATTLEBORN PRODIGIES and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my class/appointment.
15e: I attest that:
Ronnie’s Battleborn Prodigies LLC, 3870 Corvallis Drive, Reno, NV 89511
Nevada Business License: NV20181813655
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.