This form is a model waiver and release for use of a Park regarding the use of the Park's mountain biking facilities or mountain biking at the Park. Its purpose is to limit the liability of the Park to the Biker, including Bikers under the age of 18. The necessity of an acknowledgment before a notary public by parent is to protect against someone other than the parent or guardian signing on behalf of minor Biker.
The Guam Release of Liability, Personal Injury Waiver of Claims, Assumption of Risk, and Indemnity Agreement with regard to mountain biking in a park is a legal document that aims to protect the park owners, operators, and affiliated parties from potential claims and lawsuits arising from any accidents, injuries, or damages that may occur while engaging in mountain biking activities within the park premises. This agreement is crucial to establish a clear understanding between the park and the mountain bikers regarding the inherent risks associated with the sport. By signing the agreement, the mountain biker acknowledges and accepts the risks involved, waiving their right to hold the park liable for any injuries or damages incurred. The agreement typically begins by outlining the purpose and intent of the document, emphasizing the importance of comprehension and acceptance of the risks associated with mountain biking. It explicitly states that the agreement is binding upon signing and supersedes any prior understandings or agreements between the parties. The document then specifies the obligations and responsibilities of both parties involved. The mountain biker agrees to assume all risks associated with mountain biking, including but not limited to collisions, falls, equipment failure, and natural hazards. They acknowledge that these risks are an inherent part of the sport and may result in severe injuries or even death. As part of the agreement, the mountain biker releases the park, its owners, employees, volunteers, and agents from any liability for personal injury, property damage, or wrongful death arising from participation in mountain biking activities within the park. This release of liability is comprehensive, protecting the park from claims related to negligence, lack of maintenance, inadequate warnings, or any other cause. Furthermore, the agreement includes an indemnification clause, which requires the mountain biker to compensate and hold harmless the park and its stakeholders for any losses, damages, or expenses, including attorney fees, resulting from their actions or negligence while engaged in mountain biking activities. It is important to note that specific provisions of the Guam Release of Liability, Personal Injury Waiver of Claims, Assumption of Risk, and Indemnity Agreement may vary depending on the park's policies and the nature of the mountain biking activities offered. Different parks or organizations may have their own versions of this agreement, tailored to specific requirements or circumstances. These variations might include limitations on the types of activities covered, age restrictions, or additional safety guidelines that mountain bikers must adhere to.
