This Agreement is between your person and the Whitefish Bike Retreat, LLC, 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 carefully.

1. DEFINITIONS
   • “WBR” collectively includes Whitefish Bike Retreat, LLC, its heirs, successors, and assigns, and each and every company member, officer, director, volunteer, employee, representative, or agent of Whitefish Bike Retreat, LLC. 
   • “GC” collectively includes Glacier Cyclery, its heirs, successors, and assigns, and each and every company member, officer, director, volunteer, employee, representative, or agent of Glacier Cyclery.
   • “Premises” includes all property, both real and personal, owned by WBR and located at the property commonly known as 855 Beaver Lake Rd., Whitefish, Montana.
   • “Retreat Activities” include, but are not limited to, a participant’s use of and presence upon the WBR 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, 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; and (f) 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, or hazards;
      4. the danger of impact or collision with other participants;
      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 and WBR buildings; 
      7. the dangers inherent in the use of slacklines and similar outdoor activities; and 
      8. 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 implement safety protocol, 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 of the inherent risks that in any way relate to Retreat Activities.  My participation in Retreat Activities is purely voluntary, and I elect to participate in spite of 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 so as 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 any and all deficiencies, defects, or problems with the operation of the rental bike/paddleboard equipment upon returning it.
      
      
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 any and 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 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 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 to 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.

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