Mountain Bike Trails Safety Warning, Release, Indemnity And Waiver Of Liability Form printable pdf download

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BOARD OF COUNTY COMMISSIONERS

Community Services Department Parks and Recreation Division

MOUNTAIN BIKE TRAILS SAFETY WARNING, RELEASE, INDEMNITY AND WAIVER

OF LIABILITY

NOTICE: This form is a Release and Waiver of Liability, Assumption of the Risk, Indemnity, and

Parental Consent Agreement in accordance with Section 316.0085, Florida Statutes, which provides

a limitation of liability for governmental entities with respect to persons who participate in

skateboarding, in-line skating, mountain biking, and freestyle bicycling on governmental property. Be

advised that when signed, this form is a contract with legal consequences (hereinafter referred to as

“Agreement”). Please read it carefully before signing.

TO BROWARD COUNTY: In consideration of the opportunity afforded to me and/or my child/ward

named herein to participate in activities conducted at the Mountain Bike Trails, I, the undersigned, on

behalf of myself and/or my child/ward named herein, do freely agree to and make the following

representations and agreements.

I expressly acknowledge that I have watched the safety warning, been made aware and realize the

inherent risks and dangers associated with the activities conducted on the Mountain Bike Trails and the

possibility of serious physical and/or mental trauma or injury or death that may result from participation in

such activities. I herein knowingly, freely, and voluntarily agree to assume any and all liability for dangers,

known and unknown, risks, and social and economic losses associated with such participation. This

includes but is in no way limited to some of the following: risks and dangers caused by my own actions or

inaction; dangers of collision with spectators, other participants, trees, roots, rocks, and fixed or moving

objects; dangers arising from surface hazards, equipment failure, safety equipment, trail and weather

conditions.

I do hereby agree to release, waive, discharge, and covenant not to sue Broward County, its

officers, agents, employees, and volunteers (all for the purposes herein referred to as “Releasees”)

from any and all liability or claims that may be sustained by me, my child/ward, my heirs, executors,

administrators, legal representatives, assigns, and successors (hereinafter referred to collectively as

“Successors”) for any and all damages, economic and non-economic losses, and any rights or claims

that may arise directly or indirectly in connection with my and/or my child/ward’s participation in the

activity, even if caused in whole or in part by the Releasees. I further agree to indemnify and

hold harmless the Releasees from any and all liability resulting from claims, causes of action

or losses sustained by third parties arising out of my and/or my child/ward’s actions on the

Mountain Bike Trails.

I agree for myself and Successors that the above representations are binding upon me and are not

mere recitals, and that should I or my Successors assert my claim in contravention of this Agreement,

I or my Successors shall be liable for the expenses (including legal fees) incurred by the other party

or parties in defending, unless the other party or parties are finally adjudicated liable on such claim for

gross negligence. This contract cannot be amended orally.

I, the undersigned, on behalf of myself and/or my child/ward named herein, have viewed the Safety

Warning and have read this Agreement, fully understand its terms, and understand that I, on behalf

of myself and/or my child/ward, have given up substantial rights to bring suit against the Releasees

by signing it and have signed it freely and without any inducement or assurance of any nature and

intend it to be a complete and unconditional release of any and all liability to the greatest extent

allowed by law and agree that if any portion of this contract is held to be invalid, the balance

notwithstanding shall continue in full legal force and effect. By signing this waiver I agree to comply

with the Mountain Bike Trail rules listed on the reverse side of this form.

Rider Name (please print) ___________________________________

Date _________________

Address____________________________________________

Age________________________

City, State, Zip

Phone______________________________

Email______________________Emergency Contact _______________ Phone_______________

Signature of Participant

FOR PARENTS/GUARDIAN OF A MINOR UNDER 17: I, a parent/guardian of the above-named

minor, understand the inherently dangerous nature of riding in the Mountain Bike Trails. I understand

the minor’s experience and capabilities and believe the minor to be qualified to participate in such

activity. I hereby give my permission for my child/ward, having viewed the Safety Warning, to

participate in the activity and further agree, individually and on behalf on my child/ward, to be bound

by the terms of the above Agreement.

Signature of Parent/Guardian of Minor

_______________________________________

Mountain Bike Trails Safety Warning, Release, Indemnity And Waiver Of Liability Form

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