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.
A Montana 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 designed to protect the park management or owner from potential lawsuits or claims for personal injury or property damage that may arise from participating in mountain biking activities within their premises. This agreement, often required by the park management or owner, outlines the risks involved in mountain biking and requires the participant to assume these risks. By signing this agreement, the participant acknowledges that they understand the inherent dangers, risks, and hazards associated with mountain biking, including but not limited to falls, collisions with other bikers or objects, unpredictable terrain, weather conditions, and mechanical failures of equipment. The agreement also includes a release of liability clause, where the participant expressly agrees to release, absolve, indemnify, and hold harmless the park management or owner, their agents, employees, and volunteers from any and all claims, demands, actions, or causes of action arising out of or in connection with their participation in mountain biking activities in the park. This means that the participant forfeits their right to sue or make a claim for any injuries or damages incurred during their mountain biking experience. Additionally, the agreement may have different types or variations, depending on the specific events or activities taking place in the park. Some common variations could include: 1. Day-use Agreement: This type of agreement is typically required for participants who wish to engage in mountain biking activities for a single day or a specific period within the park. 2. Annual Agreement: Participants who are regular visitors and intend to engage in mountain biking activities throughout the year may be required to sign an annual agreement, which covers multiple visits and ensures their acknowledgement of the risks associated with such activities on an ongoing basis. 3. Group Agreement: In the case of organized group mountain biking events or clubs, a specific agreement may be necessary where the designated representative of the group signs on behalf of all participants, acknowledging the risks and releasing liability for the entire group. 4. Minor Agreement: If the participant is a minor (under 18 years old), a separate agreement may be mandated, typically requiring the signature of a parent or legal guardian, recognizing and accepting the risks on behalf of the minor participant. It is important to note that these types of agreements can vary depending on the specific park or entity and its legal requirements. It is advisable for participants to carefully read and understand the contents of the agreement before signing, seeking clarification from park officials or legal counsel if necessary, to ensure they are fully aware of the implications and their rights.
