Accident Waiver, Release of Liability

And Assumption of Risk at The Happy Homestead

and A.E.M.B.A. Outings

I understand and agree that Mountain Biking is an inherently dangerous sport and agree to participate at my own risk.  Appalachian Explorers Mountainbike Association (AEMBA) or its Partners takes no responsibility for the safety of the riders using the trails operated by AEMBA.  THIS IS A COMPLETE AND TOTAL RELEASE OF ANY AND ALL CLAIMS AGAINST AEMBA AND its Partners, arising out of any use of such trails. By signing this release, I waive any claim I may have against AEMBA AND its Partners.

I understand that mountain biking is inherently dangerous with significant risk of serious injury and death. These dangers and risks include, but are not limited to, falls and collisions resulting from and due to, variations in pitch and terrain and/or obstacles and hazards such as ditches, bridges, culverts, bumps, stumps, rocks, logs, forest growth and debris and other forms of natural and manmade conditions, obstacles or hazards on and/or off designated trails, as well as collisions with equipment, other cyclists, walkers and runners, including collisions or falls caused by the inexperience or negligence of others. I acknowledge that trail conditions vary constantly as a result of weather.  I further understand that if I desire to do so, I can pre-inspect any course or trail, prior to my use of the same.

I hereby certify that I will obey all posted signs and trespass laws, will use only the areas designated on the Happy Homestead trail map and marked on the terrain with colored diamond trail blazes (“Designated Areas”), and will operate at all times in control and with proper caution and regard for the safety of others.  I have read and agree to obey the AEMBA and The International Mountain Biking Association “Rules of the Trail”, (“Rules”), which Rules are attached hereto or posted at the parking area/trailhead notice board. I will obey the Rules and wear a helmet at all times When Mountain Biking. I also understand that doing so does not eliminate the risk of serious and/or fatal injury.  I acknowledge that AEMBA AND its Partners may reasonably rely upon my promise to abide by the terms and conditions set forth in this release.

IN CONSIDERSATION OF THE PROMISES HEREIN AND THE USE OF THE DESIGNATED AREA, I AGREE AND ASSUME FOR MYSELF ALL OF THE RISKS INVOLVED AND HEREBY AGREE NOT TO SUE, TO HOLD HARMLESS AND RELEASE AEMBA, ITS PARTNERS, ITS OWNERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS WHICH MAY ARISE AS A RESULT OF THE USE OF THE DESIGNATED AREAS, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF AEMBA AND ITS PARTNERS.  I FURTHER AGREE TO INDEMNIFY AND DEFEND AEMBA, ITS PARTNERS, ITS OWNERS, AGENTS AND EMPLOYEES FROM ANY CLAIM, IN ANY WAY RELATED TO MY OR MY CHILD’S USE OF THE FACILITIES, REGARDLESS OF ANY NEGLIGENCE OF AEMBA AND ITS PARTNERS.

If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect. This Permit Application and Accident Waiver, Release of Liability and Assumption of Risk shall be binding on my heirs, assigns, personal representatives and any other person claiming through me.

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Signature of Applicant                                               Date

If Applicant is under 18:

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Signature of parent or legal guardian                        Date