2. PARTICIPANT ACKNOWLEDGES THAT THE MOUNTAIN BIKING IS INHERENTLY DANGEROUS AND INVOLVE INHERENT RISKS OF PHYSICAL INJURY AND/OR POSSIBLY DEATH. SUCH INHERENT RISKS ARE RISKS THAT CANNOT BE ELIMINATED COMPLETELY (WITHOUT CHANGING THE NATURE OF THE PROGRAMS)REGARDLESS OF THE CARE AND PRECAUTIONS TAKEN BY RELEASEES (AS DEFINED BELOW). PARTICIPANT UNDERSTANDS THAT PARTICIPATION IN THE PROGRAMS MAY INVOLVE SERIOUS RISKS AND HAZARDS TO PARTICIPANT, WHICH COULD INCLUDE BUT ARE NOT LIMITED TO: SERIOUS INJURY, DEATH, BROKEN LIMBS, CONCUSSIONS, DROWNING, PARALYSIS, OR OTHER POTENTIAL RISK WHICH MAY BE PRESENTLY UNKNOWN, ALL OF WHICH MAY RESULT FROM, WITHOUT LIMITATION, COLLISION WITH OTHER PERSONS OR THINGS; LOSS OF BALANCE; CRASHING INTO OTHER PEOPLE OR OBJECTS; TRIPPING AND FALLING; FALLING OFF SPORTING EQUIPMENT OR OTHER OBJECTS; TRAFFIC HAZARDS; EXPOSURE TO EXTREME WEATHER OR WATER TEMPERATURE; MECHANICAL FAILURE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO CRASHING, TRIPPING AND FALLING; AND NEGLIGENCE ON THE PART OF THE RELEASEES NAMED BELOW, INCLUDING FAILURE TO SAFEGUARD OR PROTECT PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE, THAT MAY CAUSE SERIOUS INJURY AND POSSIBLY DEATH TO PROGRAM PARTICIPANTS. PARTICIPANT UNDERSTANDS THAT PARTICIPANT’S PARTICIPATION IN THE PROGRAMS MAY CAUSE SUCH SERIOUS INJURIES, DISABILITY, PARALYSIS AND/ OR DEATH. PARTICIPANT IS AWARE OF THE RISKS THAT MAY RESULT FROM PARTICIPANT’S PARTICIPATION IN THE PROGRAMS AND PARTICIPANT ASSUMES ALL RISKS ASSOCIATED WITH PROGRAMS PARTICIPATION. SOME OF THE PROGRAMS MAY BE CONDUCTED IN REMOTE PLACES, AND RESCUE AND EMERGENCY MEDICAL CARE MAY BE SIGNIFICANTLY DELAYED.
3. PARTICIPANT IS PHYSICALLY CAPABLE AND FIT TO PARTICIPATE IN THE PROGRAMS AND HAS NO MEDICAL CONDITIONS, ILLNESS, OR IMPAIRMENT THAT WOULD PREVENT PARTICIPANT’S PARTICIPATING IN THE PROGRAMS.
4. PARTICIPANT’S PARTICIPATION IS PURELY VOLUNTARY AND PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR ANY PARTICIPANT OR THIRD-PARTY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY EVEN IF CAUSED IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW. PARTICIPANT FREELY ACCEPTS AND VOLUNTARILY ASSUMES ALL SUCH RISKS, DANGERS, HAZARDS, AND THE POSSIBILITY OF PARTICIPANT’S OR THIRD-PARTY PERSONAL INJURY, DISABILITY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING FROM PARTICIPANT’S INVOLVEMENT WITH AND PARTICIPATION IN THE PROGRAMS.
5. PARTICIPANT MUST FOLLOW ALL INSTRUCTION GIVEN BY RELEASEES REGARDING THE PROGRAMS. PARTICIPANT SHALL, DURING THE PROGRAMS, ACT IN A REASONABLE AND SAFE MANNER AND SHALL TAKE ALL REASONABLE PRECAUTIONS WHEN USING PROGRAM EQUIPMENT. PARTICIPANT MUST FOLLOW SAFE PRACTICES AND WEAR HELMETS, PROPER ATTIRE, AND SAFETY EQUIPMENT, AS APPROPRIATE FOR EACH ACTIVITY.
6. PARTICIPANT SHALL STOP PROGRAM PARTICIPATION IF PARTICIPANT SENSES OR OBSERVES ANY UNUSUAL HAZARD OR UNSAFE CONDITION, OR IF, AT ANY TIME, PARTICIPANT FEELS OR IS UNABLE OR UNFIT TO SAFELY CONTINUE FOR ANY REASON IN THE PROGRAMS. PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT PARTICIPANT’S SAFETY DURING THE PROGRAMS IS PARTICIPANT’S SOLE RESPONSIBILITY.
7. IN THE EVENT OF ACCIDENT OR INJURY, PARTICIPANT AUTHORIZES THE RELEASEES OR THEIR SERVICE PROVIDERS TO OBTAIN MEDICAL ASSISTANCE DEEMED NECESSARY IN THEIR DISCRETION. PARTICIPANT ASSUMES RESPONSIBILITY TO PAY FOR ANY AND ALL MEDICAL AND EMERGENCY EXPENSES, INCLUDING TRANSPORT, IN THE EVENT OF ANY ACCIDENT OR INJURY INCURRED BY PARTICIPANT DURING AS A RESULT OF PROGRAM PARTICIPATION REGARDLESS OF WHETHER PARTICIPANT SUBSEQUENTLY AUTHORIZED SUCH EXPENSES.
8. PARTICIPANTS UNDER THE AGE OF 18 MUST HAVE THE EXPRESS PERMISSION OF A PARENT/GUARDIAN, WHOSE SIGNATURE APPEARS BELOW AND WHO MUST REMAIN PRESENT DURING MINOR’S PROGRAMS PARTICIPATION.
9. PARTICIPANT KNOWINGLY AND VOLUNTARILY IRREVOCABLY WAIVES ANY AND ALL CLAIMS THAT PARTICIPANT OR PARTICIPANT’S NEXT OF KIN HAS OR MAY HAVE IN THE FUTURE AGAINST THE RELEASES, AND RELEASE AND FOREVER DISCHARGE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, CLAIMS, SUITS, DAMAGES, EXPENSES, OR DEMANDS, ARISING FROM OR CONNECTED WITH PERSONAL INJURIES, INCLUDING DISABILITY, DEATH, AND PROPERTY DAMAGE, HOWSOEVER CAUSED, THAT PARTICIPANT OR PARTICIPANT’S NEXT OF KIN OR THIRD PARTIES MAY SUFFER, WHETHER SUCH LIABILITY ARISES BY NEGLIGENCE, BY REASON OF BREACH OF A LEGAL OR STATUTORY DUTY OF CARE, OR OTHERWISE, ON THE PART OF THE RELEASES ARISING OUT OF OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE PROGRAMS. “RELEASEES” MEANS CLIF BAR AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR SUCCESSORS AND ASSIGNS; THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, TRUSTEES, AGENTS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, AND REPRESENTATIVES, INCLUDING EACH OF THEIR HEIRS SUCCESSORS, ADMINISTRATORS, AFFILIATES AND ASSIGNS.
10. PARTICIPANT SHALL INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY, EXPENSE OR COSTS (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) SUFFERED OR INCURRED BY ANY THIRD PARTY RESULTING FROM PARTICIPANT’S PARTICIPATION IN THE PROGRAMS.
11. PARTICIPANT AGREES TO AND SHALL NOT SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASEES FOR INJURY OR DAMAGE HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE, AS A RESULT OF PROGRAM PARTICIPATION.
12. THE LAWS OF THE NEW YORK STATE (WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES) GOVERN THIS AGREEMENT. THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF NEW YORK, AND IF ANY PORTION THEREOF IS HELD INVALID, THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
13. THIS AGREEMENT WILL BE EFFECTIVE AND BINDING, NOT ONLY ON PARTICIPANT BUT ALSO ON HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS AND ASSIGNS OF PARTICIPANT, IN THE EVENT OF PARTICIPANT’S DEATH OR INCAPACITY. PARTICIPANT HAS CAREFULLY READ THIS ASSUMPTION & ACKNOWLEDGEMENT OF RISKS, WAIVER AND RELEASE OF LIABILITY, INDEMNITY, AND FILM RELEASE AGREEMENT AND FULLY UNDERSTANDS AND AGREES TO ITS CONTENTS. PARTICIPANT IS NOT RELYING ON ANY ORAL OR WRITTEN STATEMENT, HOWSOEVER MADE BY THE RELEASEES, TO INDUCE PARTICIPANT TO PARTICIPATE IN THE PROGRAMS ON ANY BASIS OTHER THAN MY ASSUMPTION OF ALL RISKS ON BEHALF OF PARTICIPANT.