WINDROCK BIKE PARK
RELEASE OF LIABILITY & BIKE / GEAR RENTAL AGREEMENT
I, the undersigned, accept for use ‘AS-IS’ the equipment listed on the other side of this form and accept full responsibility for its care while it is in my possession. I understand that the rented mountain bike is to be returned before 5:00 PM, and agree to reimburse Windrock Bike Park for any theft, loss, or damage, other than reasonable wear and tear resulting from normal use at full retail price.
I verify that I am FAMILIAR WITH THE PROPER USE of the bicycle listed on this form, including use of the brakes, suspension, gear shifting, and hardware. I have inspected same, and it is in good condition and working order.
I understand that mountain biking is a HAZARDOUS ACTIVITY. Further, I recognize that there are risks, inherent and other, including but not limited to, steep and narrow trails and roads, man-made obstacles, jumps, and other features, natural variations in terrain, bumps, stumps ruts, forest growth, debris, rock and other hazards and obstacles, including vehicles and other park users and varying weather conditions. I further realize that falls and collisions which may cause injuries or death can occur. I agree to ASSUME ALL RISK AND RESPONSIBILITY for myself and/or for my dependent minor listed on the other side of this agreement, for such incidents and injuries.
I AGREE TO RELEASE FROM ANY LEGAL LIABILITY, INDEMNIFY, DEFEND, HOLD HARMLESS, AND NEVER SUE Windrock Bike Park, the United States of America, special event organizers, sponsors, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members agents, employees, owners landowners, parent and subsidiary companies, and affiliated companies and bike parks, collectively (‘Windrock’) for any injury or damage to persons or property, including myself, which may result from the use of the Windrock Bike Park facilities, including the trails, roads, parking areas, store, and shuttle transportation, to the fullest extent allowed by law, including negligence. I agree that Windrock has no duty to supervise my conduct, that of others or to maintain any bicycling surface.
I understand that HELMETS ARE REQUIRED and my dependent minor and I agree to wear my (our) helmet(s) at all times. I understand that while the helmet is necessary equipment to help protect against injury, it does not guarantee the elimination of risk of injury or death to the user.
I agree to REMAIN ON ESTABLISHED TRAILS at all times. Failure to do so will result in loss of ticket/pass. I understand that if I become lost, I may be held responsible for the cost of search and rescue. I also understand that if I ride on public roads, I am responsible for following all traffic laws and rules of the road.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releases with respect to the safety of my use of the Equipment, other than what is set forth in this agreement.
I understand that this is a contract that limits my legal rights and that it is binding upon me, my heirs, and legal representatives. I understand and agree that this agreement will be interpreted under Tennessee law. Any litigation involving the parties to the Agreement shall be brought solely within the State of Tennessee and shall be within the exclusive jurisdiction of the Courts of the State of Tennessee.
