CHUGACH MOUNTAIN BIKE RIDERS (CMBR)

RELEASE OF LIABILITY AND WAIVER

PLEASE READ CAREFULLY BEFORE SIGNING

This Is a Release of Liability and Waiver of Certain Legal Rights.

BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP YOUR RIGHT TO SUE CHUGACH MOUNTAIN BIKE RIDERS (CMBR) FOR INJURIES OR DAMAGES CAUSED BY NEGLIGENCE.

In consideration for my being permitted by Chugach Mountain Bike Riders (CMBR) to participate in the various activities that take place during the calendar year in which this agreement is signed, and any subsequent CMBR activities in which I participate until I execute a new agreement, in the backcountry, wilderness, urban, and/or rural regions of Alaska, I agree to the following waiver and release.

I UNDERSTAND THE INHERENT RISKS OF TRAIL WORK, RIDING BIKES, AND OTHER CLUB ACTIVITIES.

I acknowledge that backcountry, wilderness, urban, and/or rural travel, activities, and work projects have inherent risks, hazards, and dangers that cannot be eliminated, particularly in a natural environment.

I understand that these risks, hazards, and dangers include without limitation risks arising from any activities in areas where no outside services are available or provided; where rescue and advanced medical care and services are limited and will be slow, if available at all; where trail or road conditions vary, are not maintained or controlled and are unpredictable and changeable; where hazards may not be obvious or visible; where weather is changeable and unpredictable; risks involved in decision making and route finding in a wilderness environment; and such other risks, hazards, and dangers that are integral to wilderness travel and any and all outdoor sports and activities that take place in a wilderness environment such as hiking, biking, climbing, mountaineering, backpacking, working, winter trail grooming, and trail construction, maintenance, and repair.

I READ THIS WAIVER AND UNDERSTAND THAT I AM ASSUMING THESE RISKS.

I have read and understand the information provided by CMBR regarding club activities, work projects, and travel to and from the areas for such activities and projects, and also acknowledge that a CMBR volunteer or staff person has been available to more fully explain to me the risks, hazards, and dangers of the subject activities and projects. I understand that participation in the travel, activities, and projects in a wilderness environment may require good physical conditioning and a degree of skill and knowledge different from other activities. I understand that I have responsibilities as a backcountry user.

I agree to follow all CMBR rules, protocols, and instructions, including those given by CMBR staff, ride leaders, and volunteers, and to ensure that any minor for whom I am signing does the same.

I am voluntarily participating in the activities and projects of CMBR with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis, or death.

I KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE MY RIGHTS.

For myself, my heirs, successors and executors, I hereby knowingly and intentionally waive and release, indemnify, and hold harmless CMBR, its directors, officers, agents and employees, from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney's fees), and negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my participation in the activities and projects of CMBR, the use of its information services and traveling in a wilderness, rural, or urban environment from negligence of CMBR, its directors, officers, agents or employees, or from some other cause.

I further agree not to sue CMBR as a result of any injury, paralysis, or death that may occur while participating in its activities or projects.

I AGREE CMBR CAN USE ANY PICTURES OR VIDEOS OF ME.

I further agree that CMBR can use any pictures or videos taken of me or my children/dependents during my volunteer activity and other club sponsored races, rides and other activities for future promotional or educational campaigns.

If I am signing on behalf of a minor, this authorization also covers pictures and videos of that minor, and I represent that I have the authority to grant this permission.

I UNDERSTAND THAT RIDING BIKES IS A RISKY ACTIVITY AND I COULD DIE.

Furthermore, I understand that riding a bicycle that traverses public roads, trails, and frozen rivers and lakes is a risky activity.

These risks include the risks inherent in riding a bicycle in traffic — potentially negligent driver — the possibility of an accident with traffic, uneven surfaces or confusing signage — traversing trails with varying surfaces — weather — wildlife — pedestrians — other riders. You can fall, be hit by a car, ride off the road, be hit by a fellow bike rider, be attacked by a bear or a moose, fall through the ice and drown, or be injured by a variety of risks that exist in the world.

By signing this Assumption of Risks & Release of Liability for Negligence, I voluntarily assume all risk of death, physical or mental injury, or property damage associated with my participation in any CMBR-related cycling events and activities.

I UNDERSTAND AND ACCEPT THAT CMBR IS NOT PERFECT.

By agreeing to participate in CMBR activities, I ALSO voluntarily accept the risk that Chugach Mountain Bike Riders may be NEGLIGENT in their performance of their duties associated with these events and activities.

This negligence is beyond the inherent risks of bicycle riding, trail maintenance and other activities hosted by CMBR. This risk is the reality that CMBR does not claim to be perfect nor able to anticipate all dangers or risks that may befall you. CMBR may make a mistake and that mistake may result in injury or death. In consideration of being allowed to participate, I accept the risk that I may be killed or injured and waive any right to sue Chugach Mountain Bike Riders, its board members, employees, volunteers, or other CMBR participants for any NEGLIGENCE on their part.

SEVERABILITY

If any portion of this agreement is held to be invalid, the remaining portions shall continue in full force and effect.

MEDICAL TREATMENT AND EXPENSES

I understand and agree that I am responsible for all costs of my medical treatment and evacuation, and, if I am signing as a parent or legal guardian of a minor, for the minor's medical treatment and evacuation. I authorize CMBR staff, volunteers, and agents to obtain or provide emergency medical care and transportation for me or the minor if, in their judgment, it is needed, and I agree to release and indemnify CMBR for any costs or claims arising from such care or transportation.

IN PLAIN AND SIMPLE LANGUAGE

If you do not want to assume all of these risks and forever release the Chugach Mountain Bike Riders, do not sign this document, and do not participate in CMBR activities.

I am aware that this Release of Liability and Assumption of Risks is a binding contract between me and the Chugach Mountain Bike Riders. I am signing this release on my own behalf, and on behalf of my heirs and assigns.

I have carefully read, clearly understand, and voluntarily sign this participation, waiver, and release agreement.

This agreement is effective as of the date of my electronic signature and covers all CMBR activities in which I participate through December 31 of that calendar year.

By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.

PARENT/GUARDIAN AUTHORIZATION

This section applies ONLY when a parent or guardian is signing on behalf of a minor.

I AM A PARENT OR LEGAL GUARDIAN, AND AGREE TO THIS WAIVER ON BEHALF OF A MINOR.

IMPORTANT NOTICE: Under Alaska law (AS 09.65.292), this waiver does NOT release CMBR from claims arising from reckless or intentional misconduct.

A parent or legal guardian must sign this agreement on behalf of any minor participant under the age of 18. By electronically signing this agreement, I represent that I have the authority to sign and enter into this agreement on behalf of the minor(s) listed above.

ACTIVITIES COVERED: This waiver applies to mountain biking, training and racing-related activities, trail building, trail construction, trail maintenance and repair, winter trail grooming, volunteer work projects, and any other Chugach Mountain Bike Riders (CMBR) sponsored activities that take place in backcountry, wilderness, urban, and rural regions of Alaska.

INDEMNIFICATION AGREEMENT FOR MINORS

Participation, Waiver, and Release Agreement for participants under the age of eighteen years.

In consideration for the above minor(s) being permitted by Chugach Mountain Bike Riders (CMBR) to participate in its various activities that take place in the backcountry and wilderness of Alaska, I agree to the following waiver, release, and modification:

The undersigned parent or guardian of the above minor(s), for themselves and on behalf of said minor(s), hereby joins in and agrees to the provisions of the foregoing Participation, Waiver, and Release Agreement and hereby stipulates and agrees to save harmless, indemnify, and forever defend Chugach Mountain Bike Riders, its directors, officers, agents, and employees, from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys' fees) and negligence made or brought by said minor(s) or by anyone on behalf of said minor, as a result of said minor(s) participation in the activities of CMBR including, without limitation, his or her use of the property and facilities of the CMBR, his or her participation in specific activities and projects of CMBR, or his or her travel to and from the site of such activities and projects.

I understand that this agreement binds me in my individual capacity and as the parent or legal guardian of the above minor(s). I further understand that I am assuming financial responsibility for any claims arising from the minor's participation, and I agree to indemnify and hold harmless CMBR from any such claims, whether brought by me, the minor, or any third party on the minor's behalf.

I have carefully read, clearly understand, and voluntarily sign this indemnification agreement in consideration for the minor(s) named below to participate in the activities of Chugach Mountain Bike Riders.

By applying my electronic signature to this agreement, I confirm that I am the parent or legal guardian of the minor(s) named above, that I am at least 18 years of age, and that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.