I. Membership: FWMBA is open to anyone who has paid their annual membership dues, but particularly mountain bike riders and outdoor enthusiasts.
II. Dues: Annual dues shall be $20 per individual or $25 for a family and shall be for 12 months from the date the payment is received by FWMBA.
III. Board of Directors: (hence forth to be identified as the Board). Officers of the Board shall be:
- a. President: The President shall be the principal executive officer of the Board and shall supervise and direct the business and affairs of the Association. The President will sign legal documents or agreements entered into by the Association with any private or public body or entity and perform any other duties prescribed by the Board.
- b. Vice President: In the absence of the President or in the event of their inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers and authority of the President. The Vice President shall also perform other tasks or duties that are assigned by the President or the Board.
- c. Treasurer: The Treasurer shall have charge and custody of and be responsible for all funds of the Association; receive and give receipts for monies due and payable to the Association from any source whatsoever; and deposit all such monies in the name of the Association in such banks or other financial institution. The approved bank or financial institution will be selected by a majority vote of the Board at each January’s Board meeting for that calendar year. The Treasurer is also responsible for the fulfillment of all necessary requirements, reports and actions to maintain FWMBA’s non-profit status with the governing bodies and the community. The Treasurer shall also perform other tasks or duties that are assigned by the President or the Board.
- d. Secretary: The Secretary shall be the custodian of the Association’s records; create and distribute meeting minutes of the Board, Executive Committee and Association meetings in a timely manner; be responsible for distribution of all notices; and will surrender, within 30 calendar days, all records to the newly elected person after official elections have taken place. The Secretary shall also perform other tasks or duties that are assigned by the President or the Board.
- e. Past President: At the pleasure of the current board, the past President may be asked to serve in the position of Association Historian to assist in the transition of the newly elected Board members. The Past President shall also perform other tasks or duties that are assigned by the President or the Board.
IV. Term of Office: The term of the Officers shall run for a calendar year.
V. Election of Officers: Candidates for Officer of the Board of Directors will be a current member of FWMBA, in good standing, and may be either self-nominated or nominated by any Association member. Officer elections shall be held each November to serve for the next calendar year. An election meeting can be either a special meeting or combined with a regular Association members’ meeting. Voting can be in person or by proxy, Officers will be chosen by a majority of ballots cast or proxies submitted at that meeting, all results are final.
VI. Executive Committee: The voting Executive Committee, henceforth known in this document as the Committee, shall consist of the Board members plus any director(s) or committee chairperson(s) deemed, by a majority of the Board, to be a position beneficial for this Committee to function effectively. The Committee shall develop standards relating to; the acquisition of public and private land for the development of and use as hiking and biking trails, using the IMBA guidelines; and any FWMBA sanctioned events.
VII. Quorum: All Committee meetings shall require a quorum of at lease a majority of Committee members to be present to be considered an official meeting. Any Committee meeting that does not have a quorum will be adjourned and no business will be transacted.
VIII. Solicitation of Sponsorship: FWMBA shall actively solicit sponsorship for the promotion of the Association’s activities to include: riding clinics, trail maintenance and construction workshops, and sanctioned races from business, organization and individuals wishing to support FWMBA.
IX. Dissolution: Upon the event FWMBA becomes dissolved, all remaining assets will be used to pay any remaining unpaid bills or reimbursement of expenses by any volunteer(s) to satisfy any indebtedness, any remaining funds will be donated to a non-profit mountain biking charity.
X. Operating rules of order: Any operational rule that is not detailed in these by-laws shall be governed by Robert’s Rules of Parliamentary Procedures.
DEFINITIONS While mountain biking is an outstanding recreational sport, it also involves risks and even dangers. Some of these dangers include, but are not limited to:
Traveling on heavily rutted trails, roots, rocks, rocks both fixed and loose, steep inclines and descents, accidents, unexpected moves of another rider, person, animal (wild and/or domesticated) on the trail, physical exertion, fatigue and flat tires. Ride terrain, pace and distance may vary from the written or verbal description. I acknowledge that FWMBA encourages the wearing of helmets and agree to save and hold FWMBA harmless for any injury resulting from my failure to wear a helmet.
ASSUMPTION OF RISKS I acknowledge that the risks recited above, as well as numerous other dangers are inherent to recreational bicycling and the undersigned agrees to assume all risks associated with participation in club activities. The undersigned further agrees to save and hold harmless FWMBA, its officers, directors, coordinators executive committee members, volunteers, other club members from and all liability for any injury or damage resulting from, or in any way connected with participation in club related activities.
ASSUMPTION OF COMPETENCY I warrant that I am competent to ride safely and that my bicycle and equipment are in safe working condition. I agree to obey all safety and all traffic laws and to practice safety and courtesy when cycling. I hereby consent to and permit any emergency treatment in the event of injury and/or illness. I am aware, agree, and represent that I understand the nature of this activity, and that I am qualified, in good health, and in proper physical condition to participate in such an activity. I further agree and warrant that if at any time I believe conditions to be unsafe, or question my physical condition during the activity, I will immediately discontinue further participation in the activity.
I AM AWARE OF THE ABOVE LISTED RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In the case of children under the age of 18, I hereby agree to the terms of the above waiver on behalf of my child (children). I agree to abide by federal, state and local helmet laws as they apply to my child (children). I agree that FWMBA, its officers, activity organizers, ride leaders and other members have no obligation to provide instruction to, or supervision of my children.
I give to FWMBA, its designees, agents and assigns, unlimited permission to use, publish and re-publish in any form or media, reproductions of my likeness, (photograph or video) with or without identification of me by name. I agree to not demand payment or any other compensation and agree to hold the above parties harmless of all liability arising from such use.
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