“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement.” “Minor” or “Minor Participant” means the minor(s) participant(s) named below, if applicable. “Releasors” means all participants signing this Agreement, as well as all participants on behalf of whom any signatory below is signing this Agreement, including, without limitation, Minor Participants.
I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME AND SIGNED BY AN AUTHORIZED SIGNATORY OF BIG DAYS OUTSIDE. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY EACH AND EVERY TIME I OR ANY RELEASOR IS AT THE PROPERTY WITHOUT REQUIRING ME TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY, EACH MONTH, EACH YEAR, AND/OR EACH ACTIVITY. Whenever “you”, “I”, “me”, or “we” is used in this Agreement, I am intending to include myself and all other Releasors without having to restate that intent every time “you”, “I”, “me”, or “we” is used.
I understand that the property is a natural forest area on the side of a mountain, which includes hazardous terrain such as, but not limited to, bodies of water, falling/fallen trees, ruts and holes, steep slopes, and loose rocks and may experience forest fires and hazardous weather such as lightning, wind, rain, heat, and snow. There is also hazardous local wildlife such as, but not limited to, bears, mountain lions, racoons, snakes, mosquitoes, wasps, bees, and scorpions.
I acknowledge that participating in the High Camp Gravel Social is a potentially hazardous activity that includes, but not limited to, riding on public roadways with vehicular traffic and poorly maintained dirt roads and trails.
I verify that I am physically and medically fit to participate and have not been advised against participation by a qualified health professional.
I agree that prior to participating in the High Camp Gravel Social I will inspect my equipment and training environment and will participate only if it is safe to do so.
By signing below, I EXPRESSLY AGREE TO ACCEPT ALL DANGERS AND RISKS ASSOCIATED WITH THE ACTIVITIES AND BEING AT THE PROPERTY, including those risks that are not expressly listed in this Agreement, and including those risks that are both known and unknown to me, whether or not they are inherent risks. RECOGNIZING AND ACCEPTING THE RISKS, I VOLUNTARILY CHOOSE TO BE AT THE PROPERTY AND/OR PARTICIPATE IN THE ACTIVITY(IES). I EXPRESSLY ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH associated with my or a Releasors participation in the Activities.
I AGREE THAT BIG DAYS OUTSIDE MAY CALL FOR MEDICAL CARE FOR ME AND MAY TRANSPORT ME TO A MEDICAL FACILITY OR HOSPITAL, AND I CONSENT TO BIG DAYS OUTSIDE PROVIDING ME WITH EMERGENCY CARE, IF, IN BIG DAYS OUTSIDE’S SOLE OPINION, MEDICAL ATTENTION IS NEEDED. IN SUCH AN EVENT, I AGREE TO PAY ALL COSTS ASSOCIATED WITH SUCH MEDICAL CARE AND/OR TRANSPORTATION. I UNDERSTAND AND AGREE that Big Days Outside does not always have a representative at the property and that the activities may be unsupervised, and that Big Days Outside has no duty to provide care or to call for help or other medical assistance if I am injured.
In consideration for Big Days Outside allowing me to be at the property and/or participate in the Activities, and with knowledge of the risks and dangers involved, I, on my own behalf and on behalf of all Releasors, AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH to me while engaged in, or as a result of participating in, the Activities; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against Big Days Outside, and any of their owners, operators, affiliates, members, managers, employees, contractors, volunteers, staff, agents, and representatives and other personnel, carriers, and insurers (collectively, the “Released Parties”) that are based on, arise or result from, in whole or in part, participation in the Activities, presence at Big Days Outside’s property, and, without limitation, claims arising out of or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties; (3) HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to any Activity, and any loss, damage, or injury, including death, that may be sustained by me, or caused to others or their property by me, or brought by me.
I grant and convey unto Big Days Outside, the irrevocable and unrestricted right to use and publish video/photographs of me, obtained during my use of any property owned by Big Days Outside or during High Camp Gravel Social activities, for editorial, trade, advertising, and any other commercial or other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Big Days Outside from all claims and liability relating to said video/photographs.
I AGREE to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim, and/or suit brought on my behalf as a result of my presence at the property or participation in the Activities.
I UNDERSTAND AND AGREE that by accepting this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this Agreement as either the parent or legal guardian of that person and/or Minor Participant(s), or that I have been given the express authority and permission from that other person to accept the terms and conditions of this Agreement on each of their behalf, and I FURTHER UNDERSTAND that by doing so I AGREE to PERSONALLY INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of the Minor Participant(s), or any person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement.
Signature of participant (type your full name)