Watershed Bike Park Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement and Consent for Medical Treatment

I, ____________________________, the adult participant ("Participant") or parent/guardian on behalf of a minor participant (collectively, "Participant(s)") in exchange for good and valuable consideration, including but not limited to being permitted access and entry to the Watershed Bike Park ("WBP") to participate or engage in any biking (including electronically assisted biking, mountain or trail biking), riding, bike tour, lesson, rental, use of any facility or location at WBP and all other activities, including spectating and moving about the WBP grounds (the "Activities"), am entering into this Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement and Consent for Medical Treatment ("Agreement").  Participant(s) has voluntarily agreed to participate in the Activities at WBP, operated by Foothills Farm & Butchery LLC, 655 Catawba River Road LLC and Watershed Bike Park LLC. WBP includes the 37 +/- acres at 655 Catawba River Road, Old Fort, North Carolina including the 22 +/- acres bike park and recreation area contained therein.  Participant(s) understands and agrees that Participant(s) will not be permitted to take part in the Activities under this Agreement is executed prior to such participation.

 ASSUMPTION OF THE RISKS: Participant(s) hereby acknowledges, accepts, and agrees that the Activities and undertakings associated therewith, may be strenuous, physically and/or emotionally challenging, and that participation in the Activities may be hazardous, inherently dangerous, may involve physical contact, including but not limited to physical contact with other participants, use and proximity of equipment and other dangerous apparatus, and expose to risk of accident, personal injury, death, damage to personal property, mental distress, contact with communicable diseases, viruses, or bacteria, or other serious injury. Participant further acknowledges and agrees that the Activities may involve certain risks, known or unknown, inherent or otherwise associated with participation in the Activities.  Participant(s) understands and agrees that the Activities involve strenuous physical activity that may be hazardous to some people due to physical condition or the terrain, and that outdoor activities involve dangers and risks that can lead to serious injury and death.  Such dangers and risks include, without limitation, both natural and man-made conditions including, but not limited to, rapidly changing weather conditions, exposure to ice, snow, sleet, hail, lightning, wind, or sun, hypothermia, heat stroke, rocks, boulders, gravel, water, streams, mud, exposed roots, vegetation, trees, stumps, falling or fallen limbs and trees, exposure to poisonous plants, wildlife, or insects, falling rocks, wildlife and insect encounters, steep slopes, cliffs, uneven terrain, bridges, jumps, ramps, drops, decks, stairs, ladders, bumps, berms, bridges, holes or potholes, gaps, slick or slippery trail conditions, loose gravel, wood features, streams, creeks, standing water, landslides, floods, becoming lost or disoriented, the negligence of other visitors or participants, collisions with other visitors or participants, collisions with objects, natural or manmade, due to avoiding other visitors or participants, equipment failures, debris, heavy equipment, shuttle loading and unloading, all-terrain vehicles, motor vehicles, paved surfaces, collisions with vehicles, animals, participants, or pedestrians.  

Participant(s) understands and agrees that there are risks involved in decision-making and conduct of WBP's employees involved with the Activities, including but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by WBP employees, agents, volunteers, McDowell County EMS personnel, the risks associated with decisions made by WBP personnel to open and/or close terrain, and the risk that an instructor/coach/guide may misjudge weather, trail conditions, route/terrain selection, location, and some aspect of Participant(s) abilities, conditioning, mental, emotional, or physical condition that may make a certain portion of the Activities appropriate or inappropriate for Participant(s).  eBikes include additional risks, including but not limited to failure to properly control the acceleration and deceleration of the bike, higher rates of speed, catching on fire and loss of maneuverability.

Participant(s) understands and agrees that he/she must have the necessary physical dexterity and knowledge to ride and access the selected terrain.  Participant(s) agrees to follow and abide by all rules, regulations, closures, signs, and instructions of WBP and agrees to instruct and direct Minor Participant to abide by all such rules, regulations, closures, signs, and instructions.  Participant(s) also agrees to abide by any decision of any employee, event director, organizer, volunteer, director, representative, agent, and officer of the Released Parties or their designee ("WBP Released Parties") regarding Participant(s) ability to safely participate in the Activities.  Participant(s) acknowledges and agrees that Participant(s) participation in the Activities may be terminated by any of the WBP Released Parties if they believe, in their sole discretion, that Participant(s) is unable to safely complete the Activities for any reason or is suspected to be under the influence of drugs or alcohol.

PARTICIPANT(S) IS AWARE THAT THE ACTIVITIES MAY BE DANGEROUS AND THAT PARTICIPANT(S) COULD SUSTAIN SERIOUS INJURY, DEATH, PROPERTY DAMAGE, OR EXPOSURE TO A COMMUNICABLE DISEASE, VIRUS, OR BACTERIA OR ILLNESS.  PARTICIPANT(S) IS VOLUNTARILY PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE RISKS AND DANGERS INVOLVED, AND AGREES THAT THIS PROVISION CONCERNS A SUBSTANTIAL RIGHT. PARTICIPANT(S) FURTHER AGREES TO ASSUME ANY AND ALL RISKS OF ACCIDENT, DEATH, EXPOSURE, OR ILLNESS, OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, AND EVEN IF ARISING FROM THE NEGLIGENCE OF THOSE PERSONS RELEASED FROM LIABILITY BELOW, WITH THE EXCEPTION OF GROSS NEGLIGENCE OR WILLFUL CONDUCT, AND ASSUME FULL RESPONSIBILITY FOR PARTICIPANT(S)' PARTICIPATION.

VISITOR’S ACCEPTANCE OF PARK CONDITIONS:

Participant(s) acknowledges and agrees that biking (including mountain, trail, or e-biking) is a dangerous and hazardous activity which can result in serious injury or death.  Biking done on partially improved or unimproved trails and roads, and on naturally rugged terrain, involves risks, including those set forth above. The undersigned understands, acknowledges, and agrees that the Released Parties have no duty to inspect or maintain any aspect of WBP; have no duty to provide law enforcement or security at WBP; have no duty to warn of known or unknown dangerous conditions; do not monitor or supervise WBP or the Activities of other visitors at or on the WBP grounds; make no representation concerning the riding habits, experience level, or ability of any visitor or other guest at WBP; and make no representation or warranty regarding the condition, safety, state of repair, maintenance, or fitness for use of (i) WBP, (ii) any road, trail, pathway, route, or structure built or installed thereon, or (iii) any bike or other vehicle, whether belonging to WBP or any other individual or entity.

Conditions of WBP, including its roads, trails, and features, may change quickly due to weather, use, and other factors and may be obscured by vegetation or other natural or man-made conditions. The undersigned further acknowledges that he/she is not relying on the Released Parties representations, any presence or lack of warnings, or prior experience at WBP in undertaking any Activities. Participant(s)' use of WBP is at his/her own risk. 

WAIVER AND RELEASE OF LIABILITY: For and in consideration for WBP allowing Participant(s) to participate in the Activities, Participant(s) agrees on behalf of Participant and Minor Participant and on behalf of their respective heirs, executors, administrators, and personal representatives (the "Releasing Parties") do hereby irrevocably, unconditionally, and forever, release, waive, acquit, discharge, hold harmless, and indemnify (i.e., defend and pay any judgment, costs, attorneys' fees, and expenses) Foothills Farm & Butchery LLC, 655 Catawba River Road LLC and Watershed Bike Park LLC as well as their respective directors, officers, members, managers, employees, volunteers, contractors, agents, attorneys, insurers, sponsors, advertisers, contractors, successors and assigns thereof, including all affiliated entities or subsidiaries, and all other persons and entities connected with such entities, whether herein named or not (collectively, "Released Parties") and their visitors, guests, representatives, owners, employees, staff, managers, insurers, assignees, sponsors, contributors, volunteers, successors, or assigns as well as any Activities sponsor, equipment manufacturers and distributors, the facility, venue, and property owners or operators upon which the Activities take place; any other organizers, or promoters , from any and all liabilities, obligations, promises, charges, actions, complaints, claims, and/or causes of action, controversies, damages, suits, proceedings, expenses, attorneys' fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising in contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to the Activities or my presence at WBP, except as caused by the gross negligence or willful conduct of any of the Released Parties.  I further covenant not to sue any of the Released Parties based on the same.

MEDIA RELEASE:  Participant on behalf of Participant and Minor Participant, agrees to hereby irrevocably give the Released Parties and their respective licensees, agents, affiliates, successors, and assigns and/or others working on their behalf permission and grants to Released Parties the right, to film, record, and photograph Participant(s) according to the terms and conditions set forth in this Agreement.  Participant(s) hereby grant and license to the Released Parties a perpetual, worldwide, irrevocable, non-exclusive, freely assignable with the right to sublicense (by the Released Parties), royalty-free, and paid-up right to use, reproduce, duplicate, integrate, publish, exhibit, sell, or sublicense, (collectively, "Use") Participant's and/or Minor Participant's image, portrait, picture, likeness, voice, statements (including extractions thereof), and/or performance, (as applicable), including any derivatives, modifications, alterations, or edits thereto (collectively, Participant's or Minor Participant's "Likeness") and all materials created by or on behalf of the Released Parties that incorporate any of the foregoing (the "Materials"), including video, photographs, negatives, positives, prints, digital reproductions, audio recordings, or other manifestations thereof and on, or in connection with any media, including the Internet, the Released Parties', or other relevant websites, social media sites, blogs, and any and all digital and new media along with any activating or subscription-based technical components or features provided thereon, whether now existing or hereinafter developed.  The Released Parties' use of the Materials shall be solely for the purpose of advertising and promoting WBP and the Released Parties and any of their outdoor recreation and associated services and without any additional notice to, consent by, approval by, or compensation to Participant or Minor Participant.

Participant(s) agrees that all right, title, and interest in and to the Materials are exclusively owned by the Released Parties, including all copyrights and other intellectual property rights therein, and hereby releases any rights, title, or interest Participant(s) may have to, or in connection with the Materials.  Participant(s) agree that the results of Participant(s) or Minor Participant's participation in connection with the Materials will be considered work made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent that the Materials, or any part thereof, fails to be considered a work made for hire (or for any other reason does not automatically inure to the Released Parties), Participant(s) hereby permanently and irrevocably assign to the Released Parties all rights, title, and interest in and to, if any, the Materials.  Participant(s) hereby waive the benefit of any moral rights and of any similar law anywhere in the world.  Participant(s) will not authorize any other individual or entity to Use the Materials.

To the fullest extent permitted by applicable law, Participant(s) hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, damages, and expenses arising directly or indirectly from the Released Parties' use of the Materials in accordance with the terms hereof, including what might be deemed misrepresentation due to editing, alteration, distortion, optical illusion or faulty processing or reproduction which may occur in the finished Materials or any claims of defamation, disparagement, slander, libel, false light invasion of privacy or publicity, intellectual property infringement or the like in any jurisdiction throughout the world. Nothing herein shall constitute any obligation on the Released Parties to make any use of the license granted by Participant or Minor Participant as set forth herein. The Released Parties' use is completely at its own discretion.

MEDICAL EMERGENCIES:  Participant(s) hereby give permission to the Released Parties to contact emergency services for help or provide Participant(s)  with emergency medical treatment or First Aid, whether or not the Released Parties have contacted Participant(s)  emergency contact, and give permission to a licensed physician or other licensed medical provider or first responder to provide proper treatment, including but not limited to emergency transportation, treatment, hospitalization, injection, anesthesia and/or surgery. Participant(s) hereby RELEASES, WAIVES AND FOREVER DISCHARGES the Released Parties from any and all claims, liabilities, causes of action, damages, demands, judgments, executions, liens and costs whatsoever in law or equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization, or (ii) against the Released Parties for obtaining or administering First Aid or emergency medical services for me pursuant to this authorization and waiver.  

SAFETY:  Participant(s) understand that the Released Parties are not responsible for any damaged, lost, or stolen property. Participant(s) has taken necessary steps to assure him/herself that his/her (and that of Minor Participant) bike, off-road vehicle, helmet, and protective/safety equipment are working and in safe operating order; Participant(s) will operate bikes and/or other equipment in complete control and within his/her ability level and will wear a helmet and other appropriate protective padding and equipment at all times.

Participant(s) on behalf of Participant and Minor Participant(s) further acknowledges and agrees that the Released Parties shall have no liability or obligation to Releasing Parties with respect to, arising from, related to, or in connection with Participant(s) participation in the Activities.  Participant(s) hereby represents and warrants that Participant(s) is at least eighteen (18) years of age or older, and if signing on behalf of a Minor Participant, that the undersigned is a parent or guardian of Minor Participant authorized to provide written consent for Minor Participant to participate in the Activities and to execute this Agreement on behalf of Minor Participant.  Participant(s) is not under any legal incapacity to execute this Agreement and intends to be bound (or to bind Minor Participant) by its terms and have read this Agreement and fully understands the terms and provisions hereof (including, but not limited to, that it is a liability waiver and release of claims and indemnity agreement).  Participant(s) agree that notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of this Agreement.  Any claim brought under this Agreement shall be brought exclusively in in the state or federal courts of McDowell County, North Carolina. Participant(s) agrees that the foregoing Agreement is intended to be as broad and inclusive as possible and that if any portion or provision is found to be unenforceable, it is agreed that, notwithstanding any such invalidity, the remainder of the Agreement shall continue in full force and effect.  This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements, or inducements have been made apart from this Agreement and no modification of this Agreement is permitted except by a signed writing, signed by the Releasing Parties.

Participant represents that Participant and Minor Participant are in good health, physical condition, physically fit, sufficiently trained and does not suffer from any disability, which would prevent safe participation in the Activities.

LAND USE AGREEMENT:

WARNING

Under North Carolina law, there is no liability for an injury or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity.  Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.