Whitefish Bike Retreat, LLC
Acknowledgment of Risk, Voluntary Release, and Waiver of Liability
This Agreement is between you and the Whitefish Bike Retreat, Inc., and if you are renting a bike, then Glacier Cyclery is an additional party to this Agreement. By signing this Agreement, you will voluntarily waive certain legal rights. Please read this Agreement carefully.
1. "WBR" collectively includes Whitefish Bike Retreat, Inc., Deanoshome, LLC, and GEMtronics, LLC, their heirs, successors, and assigns, and all of their company members, officers, directors, volunteers, employees, representatives, or agents.
2. "GC" collectively includes Glacier Cyclery, its heirs, successors, and assigns, and every company member, officer, director, volunteer, employee, representative, or agent of Glacier Cyclery.
3. "Premises" includes all property, both real and personal, owned by WBR and located at the properties commonly known as 855 Beaver Lake Road and 747 Beaver Lake Road, Whitefish, Montana.
4. "Retreat Activities" include, but are not limited to, a participant's use of and presence upon the Premises for the purpose of any of the following activities: (a) riding a bike, or spectating others who are so riding, whether on the access roads, parking areas, trails, or trail features; (b) renting a bike/paddleboard; (c) day or overnight use of the Lodge, its kitchen, the sauna, campsites, cabins, and all other WBR facilities and amenities; (d) attending competitions, events, instructional classes, or similar services provided or sponsored by WBR, or spectating others who are so attending; (e) use of slacklines or similar activities; (f) use of the dog hostile; (g) use of shuttling service; and (h) any and all other activities provided or sponsored by WBR and/or GC that in any way relate to use of a bike, or the use and enjoyment of the Premises.
2. ACKNOWLEDGMENT OF RISKS:
1. I acknowledge that Retreat Activities involve INHERENT RISKS, which means that there are dangers or hazardous conditions that are an integral part of using the Premises, including but not limited to the following:
1. biking, walking, or traversing on uneven terrain consisting of snow, ice, dirt, and/or gravel;
2. changing weather conditions which may cause the access road, parking areas, walkways, trails, and trail features to be icy, muddy and/or slippery, or to have unexpected depressions, bumps, ruts, rocks, or other hazardous conditions;
3. the danger of impact or collision with natural and man-made obstacles, trail features (including but not limited to jumps), pedestrians, vehicles or bikes, or other hazards; 4. the danger of impact or collision with, or caused by, other participants, including through their own negligence;
5. other dangers inherent in biking beyond those listed elsewhere herein, including but not limited to falling trees, exhaustion, sunburn, dehydration, and exposure to potentially dangerous plants or animals.
5. the danger of bike/paddleboard equipment failure;
6. the dangers inherent in the use of a kitchen, stairs, bunk beds, and all other amenities of the Lodge, cabins, and any other WBR buildings;
7. the dangers inherent in the use of the sauna, including but not limited to burns, hyperthermia, overheating, heat exhaustion, dehydration, blood pressure injuries or conditions, or pregnancy complications;
8. the dangers inherent in the use of slacklines and similar outdoor activities, including but not limited to lines snapping, being whipped by a line, and falling; and
9. the dangers inherent in camping, including but not limited to dangerous weather and temperatures, exposure to potentially dangerous plants or animals, natural features, and a lack of lighting.
10. the dangers inherent in use of a dog hostile, including but not limited to bites to people or dogs, fights between dogs, and sickness.
11. the dangers inherent in use of a shuttling service, including but not limited to the possibility of impacts with other motor vehicle accidents, pedestrians, or other objects, theft, vandalism, damage from natural elements, and risks associated with decision- making of the driver and other passengers.
12. the dangers inherent in consumption of alcohol, including but not limited to disease, impaired judgment and motor function, alcohol poisoning, and risky behaviors.
13. the negligence of other participants.
2. I acknowledge that such inherent risks simply cannot be eliminated without jeopardizing the essential qualities of the Retreat Activities. I acknowledge that such inherent risks could cause participants to fall, suffer bodily injury or even death, or suffer damage to their equipment or personal property. I further acknowledge that WBR and GC have difficult jobs to perform. They seek safety and to implement safety protocols, but they are not infallible. They may be unaware of a participant's fitness or abilities. They may be unaware of dangers or hazardous conditions on the Premises or dangerous conditions pertaining to a particular bike/paddleboard. They may be unaware of incomplete signage on the Premises. I acknowledge that WBR and GC are not guarantors of my safety or that of my minor child(ren).
3. ASSUMPTION OF THE RISKS: As a condition of my participation in Retreat Activities, I expressly agree and promise to accept and assume all the inherent risks that in any way relate to Retreat Activities, including those listed herein. My participation in Retreat Activities is purely voluntary, and I elect to participate despite the inherent risks. I certify that I am properly prepared to engage in Retreat Activities and that I have recently consulted a physician to establish that it is safe and appropriate for me to do so. I further certify that I have adequate insurance to cover any injury or damage that I may suffer or cause to third parties while participating in Retreat Activities, or else I agree to bear the costs of such injury or damage myself.
4. CODE OF CONDUCT: As a condition of my participation in Retreat Activities, I expressly agree and promise to follow the following Code of Conduct:
1. I will know the range of my ability and safely participate within the limits of that ability; 2. I will yield to people ahead of me on the trail as I know it is my responsibility to avoid them;
3. I will maintain control of speed and course to prevent injury to myself or others;
4. I will not stop where I obstruct a trail, or where I am not visible by others;
5. I will obey all posted signs and warnings, and will keep off closed trails and out of closed areas;
6. I will use the rental equipment for its intended purpose, within the limits of my ability, and I agree to report all deficiencies, defects, or problems with the operation of the rental equipment upon returning it.
7. If I choose to consume alcohol, I will do so responsibly, and will not do so to the point that it impairs my judgment or motor functions to an extent it increases the risks to myself or others of engaging in other Retreat Activities.
5. RELEASE AND WAIVER OF LIABILITY: I expressly agree to release, waive, discharge, and covenant not to sue WBR and GC from all liability to myself, my legal representatives, guardians, heirs, or assigns, for bodily injury, death, or property damage arising out of or resulting from my participation in Retreat Activities.
6. INDEMNIFICATION: I expressly agree to indemnify and hold harmless WBR and GC from any demand, claim, loss, liability, damage, or cost it may incur due to my participation in Retreat Activities. Should WBR or GC, or anyone acting on either's behalf, be required to incur attorney fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
7. NO DAMAGE WAIVER (pertaining to bike/paddleboard equipment rentals): I agree to be responsible for, and to pay the costs of repairing, all damage to bike/paddleboard equipment rentals, including parts and labor, to restore such bike/paddleboard equipment rentals to their original condition as when I rented it. See attached Exhibit A, Rental Intake Form, incorporated herein by this reference.
8. PHOTOS: As a condition of my participation in Retreat Activities, I expressly grant WBR the irrevocable right and permission to photograph and/or record me or my minor child(ren)/wards while engaging in Retreat Activities on the Premises. I further grant WBR the irrevocable right and permission to use the photographs and/or recording for all purposes, in any manner, now or in the future in perpetuity, in any media including print, digital, or the Internet, without restriction as to use or alteration. I waive any right to inspect or approve use of the photograph and/or recording, and acknowledge and agree that the rights granted through this photo release are without compensation of any kind. All photographs and/or recordings are owned by and exclusive to WBR.
9. MINORS: If a participant is under 18 years of age, I, as a parent or legal guardian of such minor participant, agree to the same terms, conditions, release, indemnification, and waiver of liability set forth in this Agreement. I represent that I have full authority as a parent or legal guardian to bind the minor participant to this Agreement.
10. APPLICABLE LAW: If I file a lawsuit against WBR, I agree to do so solely in the state of Montana, and I further agree that the substantive law of Montana shall apply in that action without regard to the conflict of the laws of that state. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
11. VOLUNTARY EXECUTION: I have had sufficient opportunity to read this entire Agreement. I have read and understand it, and I voluntarily sign it and agree to be bound by its terms.
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE.
Participant’s Name: ________________________________________
Participant’s Signature: _____________________________________ Date:_______________________________
Participant’s Parent/Legal Guardian’s Name (if minor): __________________________________________
Participant’s Parent/Legal Guardian’s Signature (if minor): ____________________________________ Date: ___________________________