Agreement and Release
This Agreement and Release is entered into this day Between Midwest Freeriders, Inc. (hereafter "Provider") and the above registrant (Hereafter "Participant"). Participant desires the services of Provider for personal enjoyment, training, use of the Provider's equipment and Provider offers services and/or facilities or both for the instruction and enhancement of skiing, boarding, jumping and ariel tricks in return for the payment of a fee entitling the Participant to use the services or facilities. In consideration of the foregoing and the mutual promises and covenants herein, the parties agree as follows:
- Services. Provider agrees to provide equipment and services geared toward training and enhancement of ability for skiing, snowboarding, jumping, ariel tricks and stunts of Participant through the performance of various exercises as supervised by Provider and use of Provider's equipment. Participant agrees to follow directions by Provider and understands that results are not guaranteed. Further, Participant understands that failure to follow Providers' specific directions or misuse of equipment may result in serious injury or death to Participant.
- Payment. Participant agrees to pay for sessions or runs at the rates specified by Provider. Participant understands and agrees that if sessions or runs are cancelled or unattended by Participant, no refunds will be offered.
- Acknowledgment of Rules. Participant acknowledges that they have received oral instruction and/or a written copy of the rules regarding the use of the equipment. Rules include, but are not limited to that Participant assumes all risk for their own safety, shall respect equipment and facility at all times.
- Express Assumptions of Risks. Participant hereby affirms and acknowledges that Participant has been fully informed of the inherent hazards and risks associated with this extremely physical and potentially dangerous activity involved in this extreme training, including the use of equipment associated therewith. Hazards and risks include, but are not limited to:
- Risk of injury from the activity and equipment utilized is significant, including the potential for permanent disability, disfigurement and even death.
- Possible equipment failure and/or malfunction of my own or others' equipment.
- Activities may take place outdoors and therefore includes risks associated with exposure to elements, excessive cold, hypothermia, encountering objects either natural or man-made, exposure to other Participants or to animals with the risk of impact or moving in an unanticipated manner causing injury and/or death.
- Participant's own negligence and/or the negligence of others including, but not
limited to, Provider error.
- Accidents or illness occurring in remote places where there are no immediate medical facilities.
- Fatigue, chill, over-exertion and/or dizziness, which may diminish reaction time andincrease the risk of accident or injury.
Participant understands each of the aforementioned description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
- Release of Liability, Waiver of Claims and Indemnity Agreement. In consideration for being permitted to participate in the activity(ies) described above and related activities, Participant hereby agrees, acknowledges and appreciates that:
- Participant understands there are risks of injury and death associated with the activities described above. Participant acknowledges and voluntarily assumes the risks of illness, injury and death associated with these activities, inherent and otherwise, and whether or not described above, including those which may result from the negligent acts or omissions of other participants or the Provider.
- I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DISFIGUREMENT OR DEATH, or loss or damage to personal property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, Midwest Freeriders, Inc., its owners, officers, directors, agents, representatives, employees and volunteers, and the owner or owners of the property on which the activities are conducted (the Released Parties) from, and agree not to make any claims for damages against them and especially no to sue them for, any liability for causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, prope1iy damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the Released Parties or otherwise, claims and demands of any kind and nature whatsoever that may arise out of or relate in any way to me or my minor child's enrollment or participation in the programs or activities offered by Provider. The claims hereby released and indemnified include, but are not limited to, claims of other Participants and of members of Participant's family or associates and claims of negligence of a released party, but not claims of willful injury.
- Participant accepts responsibility for any and all expenses that may be incurred for any illness or injury that may result from my, or my minor child's enrollment or participation in the above programs or activities, including the costs of evacuation, hospitalization, and medical treatment and any sums payable to anyone by reason of any injury or loss of life that Participant may sustain through participation in the programs or activities and does hereby consent to receive medical treatment if an injury occurs.
- If Participant is the parent or guardian of the minor child whose name appears on this release form, I have discussed the terms of the above Agreement with my child and am assured by my child that he or she understands the agreement and has freely accepted its terms. I give my child permission to participate in these programs or activities. Submitting this form reflects my agreement to fully release, indemnify and defend the Released Parties, as provided above, from any claim which I may have, and, to the fullest extent permitted by law, to release such persons on behalf of my child, for any claim the child may have.
- Participant declares that they are physically able to safely participate in rigorous physical activity. Participation in this activity is purely voluntary, no one is forcing anyone to participate, and I have elected to participate in spite of the risks. I am not pregnant. I am not currently under the influence of alcohol, illegal drugs, or impairing legal drugs.
- Participant has been advised to consult with a physician prior to engaging in these activities.
- By entering into this Agreement, Participant not relying on any oral or written representation or statements made by the Released Parties, other than what is set forth in this Agreement.
I have read, fully understand, and hereby agree to the terms of this agreement, voluntarily and with knowledge of the activities and their risks. I acknowledge that this agreement shall be effective and binding upon Participant, Participant's heirs, assigns, personal representatives, and estates.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
- Governing Law. It is the intention of the parties hereto that all questions with respect to the construction of this agreement and the rights and liabilities of the parties shall be determined in accordance with the laws of the State of Iowa and any suit brought against any party hereto shall be brought in the State of Iowa.
- Entire Agreement. This agreement constitutes the entire agreement between the parties and may only be modified by other written instrument. Should any provision of this agreement be held to be illegal, unenforceable or inoperative, the remaining provisions hereof shall remain in full force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SUBMITTING THIS FORM, AND I SUBMIT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this Participant do consent and agree not only to his/her release of the Released Parties to the extent permitted by law, but also to release, protect, indemnify and defend the Released Parties from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.
Code of Conduct
We recognize that youth sports programs play an important role in promoting the physical, social and emotional development of children. It is therefore essential for parents, coaches and officials to encourage youth athletes to embrace the values of good sportsmanship. Moreover, adults involved in youth sports events should be models of good sportsmanship and should lead by example by demonstrating fairness, respect and self-control.
- I will not engage in unsportsmanlike conduct with any coach, parent, player, participant, official or any other attendee.
- I will not encourage my child, or any other person, to engage in unsportsmanlike conduct with any coach, parent, player, participant, official or any other attendee.
- I will not engage in any behavior which would endanger the health, safety or well-being of any coach, parent, player, participant, official or any other attendee.
- I will not encourage my child, or any other person, to engage in any behavior which would endanger the health, safety or well-being of any coach, parent, player, participant, official or any other attendee.
- I will not use drugs or alcohol while volunteering and will not attend, coach, officiate or participate in a practice, contest or event while under the influence of drugs or alcohol.
- I will not permit my child, or encourage any other person, to use drugs or alcohol during contests, or event and will not permit my child, or encourage any other person, to attend, coach, officiate or participate in a youth sports event while under the influence of drugs or alcohol.
- I will not engage in the use of profanity.
- I will not encourage my child, or any other person, to engage in the use of profanity.
- I will treat any coach, parent, player, participant, official or any other attendee with respect regardless of race, creed, color, national origin, sex, sexual orientation or ability.
- I will encourage my child to treat any coach, parent, player, participant, official or any other attendee with respect regardless of race, creed, color, national origin, sex, sexual orientation or ability.
- I will not engage in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
- I will not encourage my child, or any other person, to engage in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
- I will not initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
- I will not encourage my child, or any other person, to Initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
I pledge to be responsible for my words and actions while attending, coaching, officiating or participating in Midwest Freerider events and will conform my behaviors to the code of conduct above
Minor (Child) Photo Release
If applicable (minor child participant above) - I as parent/guardian registered above
grant Midwest Freeriders Inc. my permission to use the photographs described as "Recreation Marketing" for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content.
Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.