Liability Waiver* I hereby acknowledge that I have read, understood, and voluntarily agreed to the below Waiver and Release Agreement.
BOULDER MOUNTAINBIKE ALLIANCE
WAIVER AND RELEASE AGREEMENT
THIS IS A RELEASE OF LIABILITY. PLEASE READ CAREFULLY
In consideration of receiving permission from Boulder Mountainbike Alliance (BMA) to participate in its rides, clinics or events (collectively, “BMA Events”), I agree to assume all risks of loss and injury that may arise out of my participation in any and all BMA Events and I agree to waive any and all claims of any nature whatsoever in connection with BMA Events against BMA and the other Released Parties (defined below). This Waiver and Release Agreement shall remain in effect until I provide written notice that it is revoked, and this Waiver and Release Agreement shall apply to all BMA events that I participate in prior to such revocation. I also agree as follows:
I hereby irrevocably waive all claims against and release, indemnify, hold harmless and agree not to sue BMA, social ride participants, trail building BMA Event participants, repair clinic technicians and mechanics, ride guides, skills clinic instructors, trail crew leaders, volunteers and anyone else involved with any BMA Event and their respective agents, representatives, officers, employees, sponsors, successors, assigns and insurers (hereinafter referred to collectively with BMA as the Released Parties), from any and all liability, claims, demands or actions or causes of action whatsoever, arising out of damage, loss or injury to my person or property, whether anticipated or unanticipated, while participating in any BMA Event, whether such damage, loss, or injury results from the actual or alleged negligence of the Released Parties or from some other cause. This Waiver and Release Agreement shall be binding upon me, my heirs, successors, assigns, administrators and executors.
I expressly acknowledge, represent and agree that specifically identifying and naming all of the persons intended to be beneficiaries of my agreements and releases herein contained, is a practical impossibility for the Released Parties. I expressly acknowledge that, for good and valuable consideration, the terms respective agents, representatives, officers, employees, successors, assigns, and insurers, however used in this Waiver and Release Agreement, are expressly and explicitly intended to include all and each and every individual, person, firm, entity and corporation who are now, or at any time may have been included in the specifically listed categories.
I realize that participation in BMA Events may involve risks and hazards, which may include, but are not limited to risks and hazards associated with mountain bike riding, trail building and bicycle maintenance. I am aware of these and other risks and hazards inherent in participation in BMA Events and I hereby assume sole responsibility for all such risks and hazards. I understand that repair clinics are not being conducted by professional or trained bicycle mechanics and that any repairs or adjustments made to my bicycle may be of amateur quality. I agree to assume the risk of any inadequate repairs or adjustments made to my bicycle any BMA Event and of any resulting equipment failures that may result in damage to my property or personal injury.
I grant BMA and any other sponsors of this activity permission to utilize my image in photographic recordings of the activity, and I waive any right to claim compensation in exchange for participating in the activity.
I agree that any claim or suit related to any BMA Event will be governed by the laws of the State of Colorado.
I agree to abide by the rules and regulations of BMA while participating in all BMA Events.
I hereby acknowledge that I have read, understood, and voluntarily agreed to the foregoing Waiver and Release Agreement.
COVID-19 Waiver* I agree to the COVID-19 protocols.
Boulder Mountainbike Alliance: COVID-19 Agreement
For all adult or minor volunteers and contractors
All Volunteer Activities/Projects: June 1, 2020 – December 31, 2020
INTRODUCTION:
Please read this entire COVID-19 Agreement(hereafter “Document”) carefully before signing. The contractor or volunteer must sign this Document. If the contractor or volunteer is under 18 yrs. of age (hereafter sometimes “minor” or “child”) a parent or legal guardian (hereafter collectively “parent”) must also sign. In consideration of the services of Boulder Mountainbike Alliance and its officers, directors, employees, agents, representatives and volunteers (hereafter individually and collectively “BMA”), the USFS – Boulder Ranger District (hereafter “Project Partner”) in allowing volunteer to participate, I (volunteer and parent of minor volunteer) acknowledge and agree as follows:
COVID-19 AGREEMENT:
Please read carefully. I (adult contractor or volunteer, or parent for myself and for and on behalf of my participating minor child) agree as follows:
Follow all federal, state, and local public health orders as they apply. To read these orders please visit websites of: CDC, State of Colorado, Boulder County
Per public health orders, only the first ten (25) contractors or volunteers will be allowed to participate per group.
Volunteers will be required to pre-register for any BMA volunteer activity/project to keep total group size under 25 persons.
If anyone is showing signs of illness, they will be requested to leave the site
Maintain at least a six-foot distance from other individuals
Keep a reasonable and safe distance from other groups of no less than 20 feet
It is not recommended for high risk individuals and/or those with underlying health conditions to participate
If you feel sick or show any symptoms of COVID-19, you must stay home
Avoid touching your face, eyes, nose, and mouth
Cover coughs and sneezes with a tissue, bandanna, or inner elbow
No handshakes or fist bumps or any other touching
Wash hands with soap and water for at least twenty seconds as frequently as possible or use hand sanitizer
Hand washing is required before the beginning of a project, after using the bathroom, and at the conclusion of the project
Non-medical, cloth face-coverings for the nose and mouth are required for situations in which individuals must be closer than 6’
Required to wear gloves, closed toed shoes, eye protection, and long pants
Required to wear a hardhat or helmet that meets ANSI Z89.1-2009 when using equipment, overhead hazards are present, the work presents a risk of head injury, or where the Land Manager requires.
Bring your own food, water, and hand sanitizer
Do not carpool unless you are doing so with immediate member of your household
If you encounter other trail users, move your face covering over your nose and mouth, and give at least 6’ of space for them to pass
Must be able to answer “no” to these questions to participate in a BMA trail building activity (required):
Have you been in known contact with anyone who has contracted the virus within the last 14 days?
Have you been experiencing any of the symptoms associated with COVID-19?
If I test positive for COVID-19 within 14 days of participating in a BMA volunteer activity, I will voluntarily report this to the BMA
OTHER PROVISIONS:
I (volunteer and parent of a minor volunteer) agree: Colorado substantive law (without regard to its “conflict of law” rules) governs this Document, any dispute I or my child have with BMA and all other aspects of my/my child’s relationship with BMA, contractual or otherwise, and agree that any mediation, suit, or other proceeding must be filed or entered into only in Boulder County, Colorado. I will attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Colorado mediator. I authorize BMA or Project Partner staff, representatives and/or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility and to provide treatment they consider necessary for my/my child's health; I agree to pay all associated costs. BMA reserves the right to dismiss any volunteer from a BMA program/project who staff believe, in their discretion, presents a safety concern or medical risk, is disruptive, or otherwise conducts him or herself in a manner detrimental to the program. If contractor or volunteer is dismissed or departs for any reason, contractor or volunteer (and his/her parent) are responsible for all costs of early departure, including evacuation, medical treatment or other costs. I authorize BMA, Project Partner or parties they authorize, to take images, written or spoken statements or any recordings, of or including the volunteer and/or parent, without compensation, and use these materials, including for broadcast or sale, on the internet or via other media, in catalogues or other materials, or for any promotional, educational or other use. These materials are the sole property of BMA or Project Partner. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. Any portion of this Document deemed unlawful or unenforceable shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
Contractor or Volunteer and parent of a minor volunteer agree: I have carefully read, understand and voluntarily sign this Document, and acknowledge that it shall be effective and legally binding upon me, my spouse, participating child and other children, and volunteer’s/parent’s other family members, heirs, executors, representatives, subrogors and estate. Contractor or Volunteer must sign below. A parent must also sign if contractor or volunteer is a minor (those under 18 yrs. of age).
I understand that my signature is valid and legally binding whether I choose to electronically sign, or sign a printable version of this Document.