FLOW STATE
The VERMONT MOUNTAIN BIKE FESTIVAL
PARTICIPANT WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY & FORUM SELECTION AGREEMENT
I acknowledge that I am voluntarily participating in Ascutney Trails Association’s (ATA) AND Mountain Flyer’s (MFM) 2024 Flow State Vermont Mountain Bike Festival.
I am aware of the many inherent risks and dangers associated with mountain biking participation and assume all of these risks. I am aware that I could be seriously injured or killed as a result of participating in mountain biking. I am voluntarily participating in ATA/MFM programs/events and assume any and all risks of bodily injury, death or property damage, whether known or unknown.
RELEASE AND WAIVER OF LIABILITY: I WAIVE, RELEASE, AND DISCHARGE VMBA and ITS CHAPTERS, and/or its directors, officers, employees, volunteers, representatives, and agents, the activity or Event holders, sponsors, Event volunteers (the “Releasees”), from any and all liability, including but not limited to, any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ fees), arising out from my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me as a result in my participation in the Event; REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES, AND REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH OCCURS WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE PREMISES WHERE THE EVENT, OR ANY ADJUNCT TO THE ACTIVITIES, OCCURS OR IS BEING CONDUCTED. I further agree that the Releasees are not in any way responsible for any injury or damage that I sustain as a result of my own negligent acts. I understand and agree that VMBA, ATA ,MFM, Town of West Windsor, and Ascutney Outdoors shall not in any way be responsible for other contingent losses arising from any injury I sustain, including but not limited to loss of wages and that I am responsible for the cost of all medical services I may require as a result of participating in the Event. {B2361599.2 16389-0000} ASSUMPTION OF RISK: I acknowledge that this Event may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, and/or producers of the Event. These risks are not only inherent to participants, but are also present for volunteers. I further understand and agree that any injury, illness, property damage, disability, or death that I may sustain by any means is my sole responsibility. I understand that participating in the Event may subject me to various dangers inherent in that activity, and I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THE EVENT.
I agree to take full responsibility for the rides/trails I choose to ride/participate in and will walk around any obstacles I am not comfortable riding. I understand and accept that I am ultimately in charge of gauging my own riding abilities, levels of excursion, and agree to ask questions to those in charge of the event if I need assistance.
COVID-19: I HEREBY FURTHER UNDERSTAND AND ASSUME ALL RISKS ASSOCIATED WITH MY POTENTIAL CONTRACTION OF COVID-19 WHILE PARTICIPATING IN ANY EVENT. I agree to review and comply with any and all COVID-19 protocols and procedures adopted by VMBA and its CHAPTERS to participate in any Event. I acknowledge and understand that these protocols are not a guarantee that I will not contract COVID-19 while participating in the Event, and that VMBA cannot guarantee that all other participants will follow VMBA’s protocols.
COMPLIANCE WITH RULES: I agree to conduct myself in accordance with any applicable VMBA and Chapter policies and procedures. I further agree to abide by all the rules and requirements of the Event. I acknowledge that VMBA has the right to terminate my participation in the Event if it is determined that my conduct or continued participation in the Event is detrimental to the best interests of VMBA, my conduct violates any rule of the VMBA and its CHAPTERS, or for any other reason in VMBA’s sole discretion.
RELIANCE: I acknowledge that this Release will be used and relied upon by the Event holders, sponsors, and organizers, including VMBA and its CHAPTERS, for the activity or Event in which I am participating, and that it will govern my actions and responsibilities at the Event.
MEDICAL HISTORY: I certify that 1) I possess a sufficient degree of physical fitness to safely participate in ATA/MFM programs/events, 2) I understand that I am to discontinue any activity at any time I feel undue discomfort or stress, 3) I take full responsibility for any health-related conditions that might affect my ability to safely participate, and 4) I understand that I am taking full responsibility for any pre-existing medical condition that may impact while participating.
EMERGENCY MEDICAL CARE: In the event of a medical emergency, I authorize and give my consent and permission to ATA/MFM representative to provide any and all medical assistance, including but not limited to first aid, arranging treatment by medical personnel, physicians, nurses, or paramedics, and to authorize any emergency medical treatment. I further understand that in the event of a medical emergency that I will be financially responsible for any and all expenses invoked.
INSURANCE: I understand that I am solely responsible for any medical, health, or personal injury costs relating to my participation in ATA/MFM programs/events. I understand that I am strongly encouraged to have a medical physical examination and purchase health insurance prior to any and all participation in any ATA/MFM program/event. I also understand that I am solely responsible for any damage to my bicycle during the Festival.
INDEMNITY: I AGREE TO INDEMNIFY, HOLD HARMLESS, DEFEND, AND PROMISE NOT TO SUE Releasees from any and all actions, suits, liabilities, damages, injuries or claims arising out of the Event and/or my participation in this Event, whether caused by the negligence of the Releasees or otherwise. I also agree to HOLD HARMLESS AND INDEMNIFY ATA, MFM, AO and ToWW from all claims resulting from my negligence and to reimburse them for any expenses incurred as a result of my involvement in any ATA/MFM program/event. I further agree to pay all costs and attorneys’ fees incurred by ATA/MFM in investigating and defending a claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that ATA/MFM is not responsible for the injury or loss.
RIGHT TO USE: I hereby authorize VMBA, ATA, and MFM, to use, without compensation, my name, and images of me or my likeness, including, but not limited to films, videos, photographs and otherwise on any medium, including, but not limited to, Facebook, websites, blogs, brochures, newsletters, that were taken or prepared during the Event. I hereby release VMBA and its CHAPTERS and their representatives from any and all liability in connection with the use of my name, likeness, portrait, picture, photograph, voice, biographical materials, or statements as described in this paragraph.
MEDICAL TREATMENT: I have informed VMBA ATA ,MFM, Town of West Windsor, and Ascutney Outdoors and its CHAPTERS of any medical or mental conditions that would affect my ability to safely participate in any Event. I consent to receive emergency medical treatment in the event of any injury or illness, including transportation to a medical facility, and I agree to be responsible for any and all costs related to such treatment.
CHOICE OF LAW: I hereby agree that this Agreement shall be construed in accordance with the laws of the State of Vermont.
SEVERABILITY: I also agree that the foregoing agreement is intended to be as broad as is permitted by the law of the State of Vermont, and that if any portion of this agreement is held invalid, void or unenforceable, I agree that the remainder shall nonetheless continue in full legal force and effect.
FORUM SELECTION: I further agree that any dispute arising under this Agreement and/or from my use of the premises or facilities with ATA, MFM, AO or Town of West Windsor shall be litigated exclusively in the Vermont Superior Court, Civil Division, located in Chittenden County, Vermont or the U.S. District Court for the District of Vermont.
I agree to:
Immediately make it known verbally to event organizers if I feel undue stress, fatigue or cardiovascular distress
Have any and all emergency response medications I need to appropriately respond to all known allergens to which I may react and know how to administer those medications