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Waiver
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RIDERS WAIVER MOUNTAIN BIKE RELEASE OF LIABILITY PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. As a condition of being permitted access to mountain biking trails during this entire season and each time I visit The Albergue Olímpico and related facilities and/or renting certain equipment for mountain biking, I agree as follows: 1. I am at least 21 years of age (or, if younger, applicant must be accompanied by a parent or guardian who indicates his/her consent to the terms of this Release by signing below). 2. I warrant and represent that I am in good health and that I have no special problems or limitations that have not been listed on this form. 3. I agree and understand that mountain biking is a HAZARDOUS activity (hereinafter the “Activity”). Further, 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, and vehicles and paved surfaces. I further understand that mountain biking is different than road biking. I recognize that injuries are a common and ordinary occurrence of the Activity. I hereby agree to freely and expressly ASSUME and accept ANY AND ALL RISKS OF INJURY OR DEATH while participating in the Activity. ASSUMPTION OF RISK CLAUSE 4. As said before, i hereby assume all risk which may be associated with and/or result from my involvement in such Activity and hereby hold harmless, release, indemnify and defend directors, agents, servants, and employees and insurers of The Albergue Olímpico Recreation Area (hereinafter “The Albergue Olímpico ”) and/or Salinas Gravity Park of and from any liability claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by damages caused by the negligence and/or breach of warranty, express or implied, on the part of The Albergue Olímpico and/or “Salinas Gravity Park” . 5. I understand that helmets, knees, gloves, body armor and elbows protections are required and I agree to wear full mountain biking body protections at all times. 6. I agree to defend, indemnify and hold harmless The Albergue Olímpico” and/or Salinas Gravity Park for and from any injury to other person(s) or property which I may cause as a result of engaging in the Activity. RENT CLAUSE 7. If I am renting any equipment related to the Activity from The Albergue Olímpico and/or Salinas Gravity Park a. I acknowledge that I will be the only person using said equipment during this rental period. I accept for use “as is” the equipment and accept full responsibility for the care of the equipment while it is in my possession. b. I will be responsible for the replacement at full retail value of any said equipment not returned to The Albergue Olímpico and/or Salinas Gravity Park I acknowledge my obligation to return this equipment by the agreed date in clean condition and agree to pay for any repairs in the event the equipment is damaged beyond normal wear and tear. c. I acknowledge that all instructions on the use of the equipment have been made clear to me and I understand the function of my equipment. SHUTTLE CLAUSE I hereby assume all risk associated with the use of the shuttle as the lift to the top of the downhill and freeride trail in the “Albergue Olímpico.” I acknowledge that I have read the shuttle instructions before making use of it. I acknowledge that all instructions on the use of the shuttle have been made clear to me and I understand the importance of safety at all times. As I make use of the shuttle y will help place bikes on the rack and help take them down on arrival at the top of the lift. While on the shuttle i will keep with me at all times my equipment and gear, including but not limited to my gloves, helmets googles and any other objects. I will stay seated at all times once the BEEP for taking off has sounded until reaching the top of the trail and the BEEP sounds again as a sign the it is safe to step down. I agree to defend, indemnify and hold harmless The Albergue Olímpico” and/or Salinas Gravity Park for and from any injury to other person(s) or property which I may cause as a result of engaging in the use of the lift shuttle. LAW GOVERNING AND JURISIDICTION CLAUSE 8. I agree that any and all disputes between The Albergue Olímpico ” and/or Salinas Gravity Park and me arising from my participation in the Activity, the lift shuttle 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 Puerto Rico and exclusive jurisdiction thereof will be in the district court residing in and for San Juan, Puerto Rico. 9. In the event any section of this Release is found to be unenforceable, the remaining terms shall be fully enforceable. 10. This Release shall be binding to the fullest extent permitted by law. 11. This Release shall be binding upon my assignees, subrogers, distributees, heirs, next-of-kin, executors, personal representatives, administrators, and insurers and may be pled by The Albergue Olímpico ” and/or Salinas Gravity Park as a complete bar and defense against any claim, demand, action or causes of action by me or on my behalf. I/WE HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
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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. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.