CCC VOLUNTEER LED ACTIVITIES

ANNUAL MEMBER ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AGREEMENT

 

PLEASE READ THIS ENTIRE DOCUMENT (hereafter 'Document') CAREFULLY BEFORE SIGNING. All club members participating in official club activities must sign this Document annually. For members under 18 yrs. of age (hereafter sometimes ‘minor’ or ‘child’), parent/s or legal guardian/s (hereafter collectively ‘parent/s’) must also sign. In consideration of the services of the Coos Cycling Club, Inc., a charitable, not-for-profit corporation, organized and existing under the laws of New Hampshire, and its officers, directors, employees, representatives, agents, independent contractors, volunteers (including leaders and co-leaders), members and all other persons or entities associated with it (collectively referred to in this Document as 'CCC'), I (member and parent/s of a minor member) acknowledge and agree as follows:

CCC volunteer-led activities may include, but are not limited to mountain biking, road cycling, maintenance of trails and transportation or travel to and from activities (referred to in this Document as 'activities' or 'these activities'). The leaders of these activities are volunteers. They are not paid professional guides or leaders. In all activities, all members share in the responsibility for their own safety and the safety of the group. Members (and parents of minors) take responsibility for having appropriate skills, physical conditioning, equipment and supplies for these activities.

These activities include inherent and other risks, hazards and dangers (referred to in this Document as ‘risks’) that can cause or lead to injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to member or others. Injuries are a common and expected part of Mountain Biking. Mountain Biking takes place on steep and rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers, and hazards. These include, but are not limited to: changing weather conditions, mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks, constructed features such as bridges, ramps, bumps, berms, jumps, and drops; collisions with natural and man-made objects, other mountain bikers, vehicles, pedestrians, encounters with domestic and wild animals, including dogs and bears; negligence of other riders or users of the premise.

Road cycling activities will be conducted over public roads and facilities open to the public during the activity and upon which the hazards of traveling are to be expected.

Volunteer Trail work involve risks associated with activities such as (but not limited to) building, digging and trail maintenance, construction and clean-up projects. Projects can include the use of tools and equipment (i.e. drills, saws, power tools) that can cause injury resulting from use, misuse or malfunction. I understand that CCC cannot assure member's safety or eliminate any of these risks.

Member is voluntarily participating with knowledge of the risks. Therefore, member (and parent/s of minors) assume and accept full responsibility for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death or other loss suffered by member, resulting from those risks, and/or resulting from member’s negligence or other misconduct.

I (adult member, and/or Parent/s for themselves and for and on behalf of their participating minor child) agree to release and not to sue CCC (as CCC is defined above) in regard to any and all claims, liabilities, suits, or expenses (including reasonable costs and attorneys’ fees) (hereafter collectively ‘claim’ or 'claim/s'), including claim/s resulting from CCC’s negligence (but not its gross negligence or intentional or reckless misconduct), for any injury, damage, death or other loss to me or my child, in any way connected with my or my child’s participation in these activities, or my use of CCC equipment. I understand I agree here to waive all claim/s I or my child may have against CCC, and agree that neither I, my child, or anyone acting on my or my child’s behalf, will make a claim against CCC.

I (member and parent/s of a minor member) agree that the substantive laws of New Hampshire govern this Document and all other aspects of my relationship with CCC, and that any mediation, suit, or other proceeding must be filed or entered into only in New Hampshire. 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.

MEMBER AND PARENT/S OF A MINOR MEMBER AGREE: I HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY SIGN THIS DOCUMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND BINDING UPON ME, MY MINOR CHILDREN AND OTHER FAMILY MEMBERS, AND MY HEIRS, EXECUTORS, REPRESENTATIVES AND ESTATE. Parent/s must sign below, both in their capacity as a member, and as Parent/s of any minor child identified below.