Waiver of Liability

RELEASE, WAIVER OF LIABILITY AND INDEMNITY FOR USE OF TONY'S BIKE TRACK

Tony Taylor offers to allow the undersigned Rider to have access to, and use, a Bike Track and adjacent premises located at 301 Peaceful Oaks Lane, Watsonville, 95076 (collectively referred to herein as the “Bike Track”), for the purpose of a recreational “pump track.” As a condition of allowing such use, the Rider and the other undersigned agree to release and indemnify Tony Taylor (and all other owners of the Bike Track and premises) (“Releasees”) as follows:

1. RIDER ASSUMES ALL RISKS OF INJURY. The undersigned acknowledge that the risks of use of the Bike Track are numerous and include, but are not limited to, the following: injury; death; paralysis; head injuries; broken bones; cuts; scrapes; damage to bikes, gear, and clothing; negligence by other riders, spectators and persons on or near the premises; negligent or dangerous design, maintenance and supervision of the premises and Bike Track; liability for damage or injuries to others; and the negligent or other actions or omissions regarding the design, maintenance and supervision of the Bike Track. Rider expressly assumes all risks of loss, damage or injury occurring as a result of use of the Bike Track, including but not limited to, each of the risks described above in this paragraph, including but without limitation, any alleged negligence of the Releasees.

2. RIDER WILL RIDE SAFELY. Rider agrees to ride safely and with consideration to all other users of the Bike Track. Rider agrees that he/she will wear a helmet at all times that Rider is riding a bike on the Bike Track. Rider represents and warrants that all equipment that Rider is using or will use on the Bike Track is safe and in good working order.

3. RIDER RELEASES PROPERTY OWNER FROM ALL CLAIMS. Rider hereby releases the Releasees (including Releasees’ officers, directors, employees, contractors, representatives, agents, and volunteers) from any and all claims and causes of action that may accrue to Rider (including Rider’s estate, heirs, survivors, executors, or assigns) for any personal injury, damage, loss, or other claim arising out of, or relating to, Rider’s use of the Bike Track, including but not limited to that arising out of any alleged negligence or other wrong of the Releasees. Rider agrees that no lawsuit will be filed by Rider or on Rider’s behalf against Releasees as a result of Rider’s use of the Bike Track. Without limitation to any other term of this agreement, the undersigned agree that Releasees have no obligation to supervise nor maintain nor inspect the Bike Track.

4. OWNER TO BE HELD HARMLESS. By executing this document, the undersigned agree to indemnify and hold Releasees harmless against any and all injury, disability, death, claim, loss, liability, damage, suit, attorneys fees, expense, settlement or judgment arising out of, resulting from, or in any way relating to, the Rider’s use of the Bike Track, the Rider’s use of the surrounding premises, and any act, omission, negligence, or conduct of any person, including Releasees, related thereto.

5. PARENT OR GUARDIAN OF MINORS TO SIGN AGREEMENT. All Riders under the age of 18 years are required to have a parent or legal guardian read and sign this document. By signing this document the undersigned parent or guardian confirms that such parent or guardian has read, understands and agrees to be bound by this agreement, and further, agrees that each of the provisions applicable to the Rider in this Agreement are equally applicable to, and bind, the undersigned Parent or Guardian. Without limitation to the foregoing, each of the undersigned Parents or Guardians agrees to defend and hold harmless the Releasees from any injury, disability, death, claim, loss, liability, damage, suit, attorneys fees, expense, settlement or judgment arising out of, resulting from or in any way relating to, the Rider’s use of the Bike Track, and the Rider’s use of the premises, including but not limited to that arising out of any alleged negligence or other wrong of the Releasees.

6. GENERAL TERMS AND CONDITIONS. The undersigned understand this is a contract, which limits the undersigned’s legal rights, and it is binding upon Rider, Rider’s heirs, Riders’ Parents/Guardian, and the legal representatives of each of them. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. By signing this document, the undersigned acknowledge that he, she or they have fully read and understand this agreement. Releasees reserve the right to revoke and terminate the Rider’s use of the Bike Track or the premises at any time, without notice, for any reason, or without a reason.