I fully acknowledge that mountain biking is a hazardous activity and that this event carries with it the potential for death, serious injury, property damage and property loss. I hereby assume all the risks of participating in this event regardless of their cause. I certify that I am physically fit, have sufficiently trained for participation in this event and have not been advised against participating by a qualified medical person.
In consideration of my registration and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin successors and assigns as follows:
(A) Waive, Release and Forever Discharge the following entities or persons from any and all liability for my death, disability, personal injury, property damage, property theft, or any actions of any kind that may hereafter accrue to me from this event: GoodDirtRide.com including event organizers and supporters, OCMTBA, Team Africa Rising including their officers and supporters, event volunteers, Applied Medical and all other sponsors of the event, Dove Canyon Master Association, the County of Orange, California, including the following agencies or departments: Harbor, Beaches and Parks and RDMD / OM Public Works, and the City of Rancho Santa Margarita and their employees, agents and assigns. I further agree to indemnify those parties mentioned in this section (A) against any and all claims, causes of action, damages, demands, liens, rights, controversies, losses, costs and expenses (including, but not limited to, attorneys' fees and costs), or charges incurred, whatsoever nature, whether known or unknown, developed or undeveloped, suspected or unsuspected, fixed or contingent, past, present or future, including without limitation wrongful death, any and all personal injuries, and injuries to property, real or personal, whether or not liability is alleged to arise from PRODUCT DEFECT, NEGLIGENCE, FAILURE TO WARN FAILURE TO INSTRUCT, FAILURE TO CONSTRUCT PROPERLY, FAILURE TO KEEP SAFE FAILURE TO MAINTAIN OR OTHER TORTIOUS CONDUCT arising out of the Event. I also agree that in addition to those provisions agreed to in this paragraph, I further agree to never institute any action of any suit at law or in equity against Released Parties named herein, not institute, or prosecute or in any way aid in the institution or prosecution of any Claim, whether or not liability is alleged to arise from GENERAL NEGLIGENCE, PRODUCT DEFECT, NEGLIGENCE FAILURE TO WARN, FAILURE, TO INSTRUCT, FAILURE TO CONSTRUCT PROPERLY, FAILURE TO KEEP SAFE, FAILURE TO MAINTAIN OR OTHER TORTIOUS CONDUCT of Released Parties, or all of them, for damages, costs, loss of service, expenses (including, but not limited to attorney's fees and costs) or compensation for or on account of any damage, loss or injury either to person (including death and bodily injury) or property or both, whether known or unknown, developed or undeveloped, suspected or unsuspected, fixed or contingent, past, present or future, arising out of Rider's activities or association with Released Parties, while participating in this Event. I also agree and acknowledge that there is a risk that after the execution hereof, I will discover, incur, or suffer Claims that were unknown or unanticipated at the time of execution, including without limitation, unknown or unanticipated Claims that arose from based upon or are related to my operation of, physical proximity to, or other connection with any vehicles, equipment, or other items made available by or through the Released Parties, which if known by the released parties, or I agree on the date of the event may have materially affected our decision and I also agree to this release.
(B) I agree to give all hikers and uphill bike riders on the trails the right of way and conduct myself in a safe manner. I acknowledge that the use of a hard-shell riding helmet approved by CPSC, Snell, ANSI or ASTM is required. I understand that portions of the course are on the road, and I will obey all safety and traffic regulations for bicycles traveling on Orange County roadways. I also represent that I am familiar with all safety and traffic regulations so as to not cause harm to me or others.
(C) I agree it is my sole responsibility to be familiar with the course for this event. I understand and agree that situations may arise during the events that may be beyond the immediate control of the event officials or organizers. I agree to Indemnify and Hold Harmless the entities or persons mentioned in section (A) from any and all claims made by other individuals or entities as a result of any of my actions during this event.
(D) I understand that only basic first aid will be available to participants on the event course. Should I require additional medical attention, I hereby consent to receive such medical treatment that may be deemed advisable during my event and understand that I am solely responsible for all costs relating to medical transportation and evacuation.
(E) I agree that my entrance fee and any sponsor or pledge money I collect is NON-REFUNDABLE. I understand the event could be canceled due to weather or other causes and rescheduled at the discretion of the event organizers. I accept that the course may be changed due to circumstances beyond the event organizers’ control.
(F). I agree that I maintain adequate health insurance in the event that I am injured while participating in the event.
(G) I will additionally permit free use of my name and pictures in media broadcasts, print and television, etc., which shall become the exclusive property of OCMTBA. This Waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document and understand its content.
Parent or Legal Guardian must authorize IF REGISTRANT IS UNDER 18 YEARS and authorize emergency medical treatment for the participant.
(H) Parents on behalf of Rider and Parents all expressly agree that the above General Release, Waiver, and Indemnity and the Release and Waiver contained herein on behalf of the minor and attest that I am the parent or legal guardian of said minor participant. The release I provide is intended to be as broad and inclusive as permitted by applicable law and if any portion thereof is held invalid, then the balance shall nevertheless continue in full legal force and effect to the greatest extent permitted by law.
(I)Arbitration and Waiver of Trial. I on behalf of myself or as a Parent of a minor participant agree that I shall be subject to binding arbitration. As a practical matter, by agreeing to arbitrate, all parties are waiving a jury trial. This paragraph evidences an additional agreement to arbitrate disputes. This means, among other things, that, if I so choose on behalf of myself or a minor participant agree to resolve any and all disputes arising out of this event including, without limitation, in contract and tort-based claims to resolve the matters through binding arbitration. In addition to questions regarding the arbitrability of the dispute including whether the parties to this release have agreed to arbitrate the dispute, shall be decided by such arbitration. This agreement to arbitrate all disputes between the parties to this Agreement applies even if some person or entity claims that this Agreement is void, voidable, or unenforceable for any reason. Participant, Parents on behalf of Participant, and Parents all specifically agree to accept the terms of such arbitration Clause: ____________ (Participant or Parents/Guardian on behalf of Participant’ initials).
(J) Arbitrator and Place of Arbitration. The arbitration shall be held in the County of Orange. California, before a retired California superior or appellate court judge or retired federal court judge from the Judicate West of Orange County. Rider, Parents on behalf of Rider, and/or Parents irrevocably and unconditionally consent to personal jurisdiction in California and venue in Orange County, in any action, including, without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Agreement. Either party may initiate an arbitration by filing a claim with Judicate West. The procedure governing the selection of arbitrators and the arbitration shall be as set forth in Judicate Wests’ then-current rules, except that depositions and document requests shall be permitted. Judgment on the arbitrator's award shall be final and binding and may be entered in any competent court. The Agreement to arbitrate shall survive the termination of this Agreement. If Judicate West no longer exists at the time of the dispute, the arbitration will take place in Orange County, California, before one arbitrator, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Rider, Parents on behalf of Rider, and/or Parents specifically agree to accept the terms of such arbitration Clause: ____________ (Participant’s initials), ____________