FWMBA MOUNTAIN BIKING ACTIVITIES WAIVER
To: Fort Worth Mountain Bikers’ Association (FWMBA)
(hereinafter collectively referred to as "FWMBA"):
Definitions: The term "mountain biking" shall include all activities, services and use of facilities either provided by or arranged by FWMBA, or any of the trails that FWMBA chooses to hold an activity, including the one for which I am participating today, or in any way related to the riding of bicycles and any other vehicles (whether propelled by the rider thereof, self-propelled, or otherwise) including, but not limited to: orientation and instructional session, transportation, accommodation and recreational activities in addition to bicycling, loading, unloading and travel in or movement around the recreation area; and all other activities in the recreation area.
ASSUMPTION OF RISKS I am aware that mountain biking (including participating in races sponsored and/or hosted by FWMBA) involves risks, dangers and hazards in addition to those normally associated with bicycle riding. I acknowledge and accept that FWMBA, their duly elected Board and their volunteers may fail to predict whether the terrain is safe for mountain biking. The terrain used for mountain biking is uncontrolled, may be unmarked, may not be inspected, and involves many risks, dangers and hazards. These may include, but are not limited to: ice and snow; trees, tree wells and tree stumps; creeks and running water; rocks; boulders; forest deadfall; holes and depressions; cliffs; variable conditions; crevasses; road banks, fences, and other man-made structures; impact or collision with other riders; the failure to bicycle safely or within one's own ability or within designated areas; negligence of other cyclists; and NEGLIGENCE ON THE PART OF FWMBA, THEIR DULY ELECTED BOARD AND THEIR VOLUNTEERS, INCLUDING THE FAILURE OF FWMBA, THEIR DULY ELECTED BOARD AND THEIR VOLUNTEERS THEIR DULY ELECTED BOARD AND THEIR VOLUNTEERS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING. Communication in the terrain where mountain biking takes place is difficult, and in the event of an accident, rescue and medical treatment may not be available. I AM AWARE OF THE ABOVE LISTED RISKS, DANGERS and HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I represent that I am qualified, in good health and in proper physical condition to participate in mountain biking. I further agree 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of FWMBA allowing me to participate In mountain biking, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against FWMBA and their directors, officers, employees, volunteers, guides, agents, independent contractors, representatives, insurers, successors and assigns (all of whom are hereinafter collectively referred to as the "Releasees") AND TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in mountain biking, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE (whether in whole or in part), BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liabilities, obligations, damages, losses, penalties, claims, actions, costs, charges and expenses, incurred by or asserted against any of the Releasees arising out of or in connection with my participation in mountain biking, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENT ACT OR OMISSION OF THE RELEASEES;
3.That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4.This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Texas without regard to the conflicts of law principles thereof; and
5.Any litigation involving the parties to this Agreement shall be brought solely within the State of Texas and shall be within the exclusive jurisdiction of the Courts of the State of Texas. In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of mountain biking, other than what is set forth in this Agreement.
MOUNTAIN BIKING ACTIVITIES WAIVER
Fort Worth Mountain Bikers’ Association (FWMBA)
Po Box 1221
Fort Worth, Texas 76101-1221