Summary: Prior to participating in this event, you and your parent/guardian (if you are under 18) must read and sign this Waiver. By signing this Waiver, you and your parent/guardian is agreeing that both you and your parent/guardian will not sue the FUNduro, The City of Newark, Central Ohio Mountain Biking Organization and National Mountain Bike Patrol (collectively referred to as “COMBO”), its volunteers, or officers, or any other person for any claims that may arise from your participation in this event. You and your parent/guardian assume total responsibility for injuries or damage you may sustain arising from admission to this facility, as further detailed below
You are solely responsible for your own safety: In signing this agreement for myself or for the named participant (if the participant is under age 18), I know that those participating will be exposed to risks of serious bodily injury, sickness, or death due to circumstances inherent in this event, including the negligent acts or omissions of others. I also understand and am aware that mountain biking is an inherently dangerous activity and there are a variety of specific risks and dangers inherent in a voluntary activity such as this, including, without limitation, falls, collisions with other participants, motor vehicles, or stationary objects. I may be participating out of doors and exposed to adverse weather conditions, poor sanitation, air or waterborne microorganisms, exposure to frostbite, rising water, drowning, or falling objects. I am aware that anyone who is inadequately prepared, trained or in inadequate physical condition is more likely to be injured or killed. I further understand that there is a risk of becoming lost or separated from the rest of the group and I may incur personal liability for the costs of rescue of me or members of my family. I also understand that I may be injured while on land or while traveling via motor vehicle or on foot due to my own carelessness or because of the negligence of others. I understand that participation in group activities includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the potential for serious illness and death does exist. Despite these risks and in exchange for being permitted to participate in this event, I voluntarily agree to assume all of these and other risks inherent in the event.
I acknowledge that I (or the participant for whom I sign if under age 18) am physically capable and sufficiently trained for the completion of this event. I also attest that the equipment used by me (or the participant for whom I sign if under age 18) has been inspected by me and is in good condition and that I am familiar with its proper use. I am also aware that any medical support provided for this event, if any, is likely to be limited to that provided by volunteer personnel with limited first aid training who may be called upon to provide assistance to me during the event. I consent and authorize any such volunteer to assist me (or the participant for whom I sign if under age 18) or to perform such assistance as, in the opinion of such person, may be necessary or appropriate. I understand further that any such medical or other services provided to me (or the participant for whom I sign if under age 18) is not an admission of liability to provide or to continue to provide any such services and is not a waiver by any of said parties’ rights under this agreement. I understand that COMBO assumes no responsibility or liability with respect to my participation in this event. I agree, however, to abide by any decision of any official of COMBO relative to my ability to safely participate in this event. I promise, as well, for myself or the named participant (if the participant is under 18) to wear any safety equipment as required by an official of COMBO such as, but not limited to, helmets, guards, or personal flotation devices. The bicycle helmet will meet the standards of CPSC, ASTM or SNELL and be worn at all times while riding the bicycle. I agree to waive my rights to any benefits associated with this event if I fail to wear appropriate safety equipment.
You agree not to hold COMBO responsible: Having read this waiver and knowing these facts and in consideration of COMBO’ acceptance of my application for participation in this event, I, for myself and anyone entitled to act on my behalf, do hereby agree to release, hold harmless, and discharge COMBO, all sponsors, representatives and volunteers, any involved municipalities or other organization and the boards, trustees, officers, employees, or volunteers of any of them, from any and all claims or liabilities of any kind arising out of my participation and/or my own acts of negligence in this event whether or not liability may arise out of negligence, recklessness or carelessness on the part of the persons or entities named in this waiver. This release applies, for example, to injuries or damages related to your conduct, bicycle and equipment, the conduct or equipment of other participants, the design of the course, the condition of the course and facility, and the conduct of COMBO and its volunteers, even if such conduct by COMBO or its volunteers is negligent..
I further agree to indemnify the persons and entities listed in this agreement for any liability they incur to me, a member of my family, or the participant in connection with this event. I further agree that if, in breach of this agreement, I institute any judicial proceedings against any of the persons listed in this agreement in connection with this event, I shall bring them in the Common Pleas Court of Franklin County, Ohio, or in the United States District Court for the Southern District of Ohio, located in Columbus, Ohio, and I consent to personal jurisdiction in those courts. I further agree that, if in breach of this agreement, I institute any such proceedings, I am responsible for all costs and attorneys fees of any person or entity against whom I institute such proceedings
You allow us to use pictures and videos of this event that may include you: I also grant permission to COMBO and its sponsors to use any photographs, motion pictures, recordings or any record of this event for legitimate purposes
Race Timing Chip: If the chip is not returned there will be a $100 fee assessed.
|