FLATHEAD AREA MOUNTAIN BIKERS, INC. 

WAIVER OF LIABILITY AND ACKNOWLEDGEMENT OF RISK

This Waiver of Liability and Acknowledgement of Risk (“Waiver”) is executed by the undersigned participant (“Participant”) in favor of Flathead Area Mountain Bikers, Inc. (“FAMB”).  Participant desires to participate in events organized or run by FAMB as other entities that FAMB may, from time to time, partner with. The activities at issue may include, but are not limited to bicycle related events, overseeing bicycle related events, and other activities associated with FAMB’s mission of preservation and development of mountain bike activities in the Flathead Valley.

RELEASE AND WAIVER.  Participant does hereby release and forever discharge and hold harmless FAMB and its successors, assigns, directors, officers, employees, and agents from any and all liability, claims, and demands of any kind or nature, either in law or in equity, which arise from Participant’s participation or work with or on behalf of FAMB. Participant understands and agrees that this Waiver discharges FAMB from any and all liability or claims that the Participant may have against FAMB with respect to any bodily injury, illness, disease, death, or property damage that may result from Participant’s participation or work with or on behalf of FAMB, whether caused by the negligence of FAMB or its officers, directors, employees, agents, or otherwise.

MEDICAL TREATMENT.  Participant, or in the case of a minor, Participant’s parent or legal guardian, agrees and understands that they must adequately prepare themselves for medical needs that may arise during any activity contemplated hereunder. Participant does hereby release and forever discharge FAMB from any claim whatsoever which arises on account of any first aid, treatment, or service rendered in connection with Participant’s participation or work with or on behalf of FAMB.

ASSUMPTION AND ACKNOWLEDGMENT OF RISK.  Participant understands that the activities contemplated hereunder require certain skills, and he or she is the only person who can make a reasonably informed decision as to whether he or she is capable of participating in a safe manner.  Inherent risks include, but are not limited to: natural and man-made obstacles, steep grades and challenging terrain, abrupt corners, unmarked obstacles, changes in trail conditions, changes in weather, hazards due to other trail users, the failure of the user to ride within his or her abilities, wildlife encounters, equipment failures, restricted visibility, illness or disease transmission, and any other dangers or conditions that are characteristic of, intrinsic to, or an integral part of the activities and that cannot be prevented by the use of reasonable care.

FAMB does not make any representations or warranties concerning the safety or reasonableness of any activities contemplated hereunder. By participating in these activities, Participant represents that they are informed and aware of all risks associated therewith. As such, Participant hereby expressly and specifically assumes the risk of injury, illness or harm which may arise from Participant’s participation or work with or on behalf of FAMB.

PHOTOGRAPHIC RELEASE.  Participant does hereby grant and convey to FAMB all right, title, and interest in any and all photographic images, video, and audio recordings that may be recorded during FAMB events contemplated hereunder. Participant agrees and releases FAMB to publish any such recordings at FAMB’s discretion.

Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by Montana law. In the event that any clause or provision of this agreement may be held invalid, the invalidity of that provision shall not otherwise affect the remaining provision of this Waiver.

By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries, illnesses or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. 

If you are a minor (under age 18), your parent or legal guardian must sign this Agreement on your behalf. 

Whitefish Mountain Resort, WSI

ACKNOWLEDGMENT OF RISK AND RELEASE OF LIABILITY WAIVER
IMPORTANT!

This release and waiver acknowledge risks and release liability for activities at Whitefish Mountain Resort including but not limited to:

Bike Events and Competitions.

I hereby agree, represent, and warrant that:

• I will abide by the Age Policy: Children under 5 are not permitted on the lift-accessed Bike Park trails. Children under 12 are permitted when accompanied by a parent or guardian.
• I will abide by the Brake Policy: All bikes must have functioning brakes on each wheel. Coaster brakes/beach cruisers are not allowed on chairlifts. Disc brakes are recommended for adequate stopping power.
• I will abide by the current Lift Policy: Bikes are permitted on Chairs 1, 2, and 10 unless otherwise posted. See Whitefish Mountain Resort website, skiwhitefish.com/hours-and-dates/ for up-to-date daily chairlift status. Riders are responsible for loading their own bikes, but lift operators are available for assistance. A Bike Trail Lift Access Ticket or Pass is required for lift-accessed trails and can be purchased at the Lift Plaza Ticket Center, Base Lodge, or Village Rentals.
• I will walk my bike through the base area of the resort including common areas and pedestrian walkways. I understand riding my bike in these areas will result in loss of riding privileges.
• When entering a trail or starting downhill, I must look uphill and yield to other riders.
• USE OF A HELMET IS REQUIRED for Mountain Biking. I understand that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the activities in which I participate can expose the user to forces that exceed the limits of protection provided by a helmet.
• I will always stay in control. I understand it is my responsibility to avoid other persons and objects around me; I will not stop where I am not visible from above; when I am involved in or witness to a collision or accident, I will stop and identify myself to the Bike Patrol; I will obey all signs and warnings and I will keep out of closed areas.
• I agree that Resort operating times and dates are at the sole discretion of Whitefish Mountain Resort and are subject to change at any time and without notice. I will plan and dress appropriately for the weather. The lift may be shut down in the event of proximate lightning strikes and refunds will not be given for weather-related closures.
• I will have my pass ready and available for the ticket checker to avoid any unnecessary wait in the lift line; I have sufficient physical dexterity, ability, and knowledge to safely load, ride and unload lifts.
• I agree to irrevocably consent to the use, by Winter Sports Inc – DBA Whitefish Mountain Resort (WMR) – advertisers, customers and successors of my picture or likeness for advertising purposes or purposes of trade, and I waive the right to inspect or approve such completed portraits, pictures, or advertising matter used in connection therewith. I hereby waive any right that I may have to monetary compensation, royalties or other consideration and agree that no additional remuneration, financial or otherwise, will be transacted.
   

ACKNOWLEDGMENT OF RISK AND RELEASE OF LIABILITY

I am signing this document as a condition to my participation in one or more of the recreational activities available at Whitefish Mountain Resort (“WMR”). My signature on this document represents my express acknowledgment that the activities in which I may choose to participate involve risks and that I could suffer injury or death while participating. I also understand that I have the right and opportunity to investigate the risks and to inspect the facilities, location, or equipment associated with the activity or activities.

I am voluntarily participating in the activity or activities with an understanding of the risks and despite the existence of the risks. I choose to participate in the activity or activities, including events and competitions, even though I know they are risky. I acknowledge my personal responsibility to advise myself of the risks of the activity or activities and to act reasonably under the circumstances of my participation.

I acknowledge my participation in the activity may result in injury, death, illness, or disease, physical or mental, or damage to my person and property. These risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, or the conditions in which the activity takes place.

Known risks of mountain biking include but are not limited to: steep slopes, rocks of various sizes, trees, roots, tree stumps, cliffs, rock drops, holes and potholes, depressions, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops, wallrides, elevated stunts, uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, loose gravel and dirt, wet surfaces, downed timber, debris, collisions, other riders, hikers, pedestrians, wildlife, heavy equipment and vehicles. Trail conditions and features may change quickly due to weather, use and other factors.

Additional known risks include injury while riding and disembarking the lifts or platforms; slides, bikes or vehicles; hiking on rough and uneven terrain; sap from trees; falling from platforms, cables, lifts and other structures; falls and abrupt and possibly harmful contact with other persons, structures and objects (fixed and moveable) natural and/or manmade; hazards associated with inclement weather including changing trail conditions and features; branches falling from trees; slippery/wet decks and stairs; changing weather conditions which may cause the trails, walkways, and equipment to be slippery; over-exertion; fear of heights; carelessness and misjudgments on the part of participants and the staff of WMR, including by failing to follow proper procedures, instructions and the operating policies; equipment malfunction including breakage of cables, tethers, or other equipment; insects, and wildlife; failure to remain within designated areas; the failure of structures and equipment; and the unpredictable forces of nature.

Participation in this activity with pre-existing medical conditions is not recommended. Participants’ medical conditions, physical or mental responses to the activities are also risks. For example, participants may experience increased heart rate and/or respiration and other symptoms of anxiety and stress due to, among other things, heights, physical exertion, and reliance on others. I acknowledge my activities could aggravate pre-existing medical conditions.

These risks are inherent in the activities and premises of WMR; that is, without them the experience would materially change and lose its value and appeal. The description of risks above is not complete and other unknown or unanticipated risks may be encountered as defined under Montana law, Title 27, Chapter 1, Part 7, Mont. Code Ann.

I have carefully read this acknowledgment of risk, release of liability and duty of care and fully understand its contents. I am aware that this is a release of liability and an agreement between myself, and Whitefish Mountain Resort and I sign it of my own free will. I agree that this Acknowledgment of Risk and Release of Liability shall be governed by and interpreted solely in accordance with Montana law and no other jurisdiction. Any litigation involving the parties to this Acknowledgment of Risk and Release of Liability must be brought solely within the Montana State or Federal Courts, which shall have the exclusive jurisdiction over any such cause. I further agree to waive and release any and all claims, actions or causes of action for damages or injuries resulting from Whitefish Mountain Resort’s ordinary negligence or for risks inherent in the sport or recreational opportunity.

 
PARENT OR LEGAL GUARDIAN AGREEMENT (for minors):

A parent or legal guardian signing on behalf of a person under 18 years of age also agrees to the following:

• Whitefish Mountain Resort, WSI, or its representatives has permission and authority to treat and address medical conditions and emergencies as they deem appropriate.
• To pay any charges for such medical treatment and will indemnify Whitefish Mountain Resort, WSI, or its representatives for the same. I have made no misrepresentation regarding my name or age.
• To all of the responsibility for the control, behavior, and ultimate safety of the child.
• To all of the responsibility of the child being left unattended, the behavior, and any injuries their child may cause or suffer.
• That the resort has no responsibility to monitor, supervise, or otherwise determine if any minor’s behavior is appropriate.

I acknowledge the application of the Montana Recreation Responsibility Act, Title 27, Chapter 1, Part 7, MCA, to the activities. In accordance with this Act:

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.