RELEASE OF LIABILITY & HOLD HARMLESS AGREEMENT
As a condition of being permitted access to mountain biking trails during this entire season and each time I visit Detroit Mountain Recreation Area and related facilities and/or renting certain equipment for mountain biking, I agree as follows:
- I agree and understand that mountain biking is a HAZARDOUS ACTIVITY. I recognize that there are risks, including, but not limited to, rocks of various sizes, uneven and/or slippery trail conditions, varying slopes, variations in terrain, bumps, stumps, forest growth, loose gravel and dirt, wet surfaces, holes and potholes, downed timber, debris, other bikes, man-made wooden boardwalks and similar features, jumps and vehicles and paved surfaces. I understand that mountain biking is different than and with more risk of injury and death than road biking. I recognize that serious injuries and death are a common and ordinary occurrence of the activity. I hereby agree to ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH while participating in the activity.
- I agree to RELEASE and HOLD HARMLESS Detroit Mountain Recreation Area and its employees from any claims of NEGLIGENCE, STRICT LIABILITY or BREACH OF WARRANTY arising out of and related to any personal injury, death or property damage that I may experience on these premises.
- To the extent I am signing on behalf of a minor, I state that I am authorized to sign on behalf of the minor, I hereby RELEASE Detroit Mountain Recreation Area from any and all liability for PERSONAL INJURY, DEATH OR PROPERTY DAMAGE sustained by the minor which results in any way from NEGLIGENCE, STRICT LIABILITY or BREACH OF WARRANTY occurring at the area, accepting myself the full responsibility for any and all such damage or injury of any kind which may result. I further agree to DEFEND, INDEMNIFY and HOLD HARMLESS Detroit Mountain Recreation Area from any and all claims, demands, losses, damages and liabilities, contribution or otherwise with respect to PERSONAL INJURY, DEATH OR PROPERTY DAMAGE arising from my or a minor on whose behalf I signed, participation in activities at Detroit Mountain Recreation Area. I PROMISE NOT TO SUE Detroit Mountain Recreation Area on behalf of any minor. I will have no right to make a claim or file a lawsuit against Detroit Mountain Recreation Area for myself or any minor. I AGREE TO DEFEND AND INDEMNIFY Detroit Mountain Recreation Area for any and all claims, including subrogation and/or derivative claims brought by any third party or insurer, which I may cause.
- I understand that HELMETS ARE REQUIRED, and I agree to wear a helmet at all times.
- I agree that any and all disputes arising from my participation in the activity or my use of rented equipment, and including any claims for personal injury and/or death, will be governed by the laws of the State of Minnesota and exclusive jurisdiction thereof will be in the district court residing in and for Becker County, Minnesota.
I HAVE CAREFULLY READ THE FOREGOING RELEASE, UNDERSTAND ITS CONTENTS AND SIGN WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.