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 Oregon 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, its owners, and their representatives from liability in the event of any accidents or injuries that may occur while participating in mountain biking activities. The purpose of this agreement is to clearly outline the assumption of risks and responsibilities that participants take on when engaging in mountain biking, as well as to establish the conditions under which the park and its owners will not be held liable for any resulting personal injuries or property damage. This type of agreement is typically divided into several sections: 1. Release of Liability: This section highlights that the participant or their legal representative voluntarily and willingly assumes all inherent risks associated with mountain biking, including but not limited to falls, collisions, mechanical failures, trail conditions, weather conditions, and other unforeseen events. It states that the participant will not hold the park or its owners responsible for any resulting injuries, damages, or losses. 2. Waiver of Claims: Here, the participant declares that they waive any right they may have to file a lawsuit or claim against the park or its owners for any injuries sustained during mountain biking activities. This section is intended to prevent legal actions seeking compensation for damages. 3. Assumption of Risk: This portion emphasizes that the participant acknowledges and accepts the dangers and risks associated with mountain biking, regardless of the park's efforts to minimize those risks. It also confirms that the participant is responsible for their own safety decisions and equipment choices. 4. Indemnity: This section requires the participant to agree to indemnify and hold the park and its owners harmless from any claims, demands, damages, or liabilities arising from the participant's actions, including any actions brought by third parties. There may be variations of this agreement specific to different parks or mountain biking facilities in Oregon, as there could be differing risks and other factors involved. These variations might include specifics about trail conditions, bike rental terms, safety guidelines, or any additional requirements or limitations. It is important for participants to carefully read and understand all the terms and conditions outlined in the agreement before signing it. By signing the agreement, participants acknowledge that they have read, understood, and willingly agreed to its terms, thereby consenting to participate in mountain biking activities at the park while assuming the associated risks.
