LIABILITY RELEASE/WAIVER AND INDEMNITY AGREEMENT 

I. Release and Waiver of Liability: For valuable consideration and in return for being permitted to participate in a San Diego Mountain Biking Association (SDMBA) cycling or trail work event and related social activities (“Event”), I agree to the following: 

I am aware that cycling activities and trail work activities are dangerous activities. Nevertheless, I am voluntarily participating in such activities with knowledge of their respective risks and I hereby EXPRESSLY ASSUME ANY AND ALL RISKS of personal injury, death, or property damage arising from participation in the Event. I hereby represent that (i) I am in good health and physically fit to participate in the Event; and (ii) have not been advised against participating in the Event by a qualified health professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. 

Such risks that I agree to ASSUME AND AM HEREBY RESPONSIBLE FOR include, but are not limited to, injury, death, or property damage resulting from the negligence of ANY PERSON (including the negligence of an entity such as SDMBA); hidden, latent, or obvious conditions or defects in the land or equipment used while participating in the Event; the inherent and non-inherent risks associated with cycling activities or trail work activities, and any other risks that may be associated with the Event. 

Accordingly, I hereby EXPRESSLY WAIVE ANY CLAIM OF LIABILITY AND FOREVER RELEASE AND DISCHARGE SDMBA; and their respective directors, officers, employees, liaisons, members, agents, volunteers, sponsors, promoters, and affiliates, as well as the landowners upon whose land the Event takes place (collectively, the “Released Parties”) FROM ANY AND ALL claims and liabilities arising out of the Released Parties’ negligence or the negligence of any other person who causes me to sustain injuries, death, or property damages during the Event. 

This Agreement is intended to completely release the Released Parties from any and all liability for personal injuries, death, or property damage sustained while participating in the Event, regardless of whose negligence caused such injuries or damages and regardless of whether I was engaged in cycling activities or trail work activities. Further, I agree that this Agreement is also binding upon my heirs, distributees, guardians, legal, representatives, and assigns. 

II. Duration: Duration of this Waiver and Release: This Waiver and Release of Liability is effective from the date of the Participant's signature below and remains valid for six (6) months, expiring automatically on date below. After this date, a new waiver may be required for continued participation

III. Right to Cancel/Change Event Details: I understand the Event course, distance, location, and timeline can be changed at the discretion of the Related Parties. All distances are approximate by GPS measurements. The Event can be altered, postponed or cancelled for any reason including but not limited to: inclement weather, natural disturbances, police activity, acts/threats of terrorism, or other reasons beyond the Related Parties’ reasonable control. If the Event is cancelled or altered as described above, no refunds, credits or transfers will be issued, granted or permitted. 

IV.  Indemnity: If my acts or omissions during the Event cause another person injury and there is a claim against the Released Parties for such injury, I agree to defend the Released Parties and indemnify the Released Parties for any and all expenses or liabilities resulting from such claims. Further, I agree to indemnify the Released Parties for all medical or property expenses that they may incur due to my participation in the Event. 

V. Publicity Release: I grant SDMBA the right to take photographs or video of me in connection with the Event. I authorize the SDMBA to use and publish, without my review or approval, the same in print and/or electronically for any lawful purpose (such as publicity, advertising, or Web Content) with or without my name and without payment of any kind due to me. 

VI. Full Agreement: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 

VII.  Jurisdiction Clause: Should any litigation arise out of the Event or any activity covered by this Release, whether signed electronically or in paper form, jurisdiction shall be in San Diego, California. 

Participant Acknowledgment: The Participant acknowledges that they have read, understood, and voluntarily agree to the terms and conditions of this Waiver and Release, including its six-month duration.