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Rider Waiver

All riders must sign this waiver before using Squonk Bike Park. Please read the full agreement carefully before signing.

RELEASE FROM LIABILITY AND COVENANT NOT TO SUE

("Agreement")

I sign and make this agreement on behalf of myself and, if applicable, as the parent or guardian or supervisor of the minor child(ren), to induce the property owners, Jonathan Calhoun and Lauren Calhoun, the property possessors, Calhoun Trails, LLC including any and all of its Members, to allow me and, if applicable, the minor child(ren), to enter onto or to utilize in any way the real property identified as 469 Feathers Rd, Imler, Pennsylvania 16655, also known as Squonk Bike Park, a mountain biking park (hereinafter, "the Property").

Anywhere the word "I", "me", "my", "myself" or similar pronoun appears, it shall refer to myself, individually, and my heirs, estate, personal representatives, wrongful death beneficiaries, successors, and/or assigns, and, if a minor child(ren) is/are identified above, as the parent or guardian or supervisor of the above minor child(ren), on behalf of the minor child(ren) and the minor child(ren)'s heirs, personal representatives, wrongful death beneficiaries, successors, and/or assigns.

Anywhere the phrase "Property Owners" appears, the phrase shall refer to Jonathan Calhoun, Lauren Calhoun, Calhoun Trails, LLC, and any and all of their/its Members, employees, affiliates, heirs, personal representatives, independent contractors, partners, volunteers, successors, and/or assigns.

Because of the nature of mountain biking, I understand that no other person, including the Property Owners, are aware of my mountain biking skills and/or abilities and/or the quality of my equipment; only I can judge whether I have the ability to safely ride on, over, and/or across any mountain biking trails and/or obstacles. I take full responsibility for determining whether I have the skills and ability to ride on, over, and/or across any mountain biking trails and/or obstacles.

I understand and agree that I am solely responsible for the condition of my bicycle, including the responsibility for ensuring it is safe for any and all mountain biking activities. I understand and agree that I am solely responsible for my safety in general, and, if biking, I agree to wear a helmet at all times. I am responsible for supplying my own helmet and ensuring it is in good condition.

I understand that no medical personnel are on site, and that I should always ride with a partner in case of accident or injury.

I am aware that mountain biking and spectating thereat are HAZARDOUS ACTIVITIES and involve certain RISKS, including but not limited to, injuries and death, including serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles and internal organs, and may result from various incidents, including, but not limited to, slips, trips, falls, crashes, flying objects, falling branches/trees, loose rocks/dirt/boards, moss/mold, collisions, entry to and from the premises, and/or the negligent or reckless conduct other participants and/or spectators. I am VOLUNTARILY participating in this activity with knowledge of the dangers involved.

Understanding the above, I ASSUME ALL RISKS of injury, loss of life, and damage to my person and/or property while on or utilizing, in any manner and for whatever purpose, the Property, including, but not limited to, the mountain biking trails and/or the obstacles thereon, whether natural or man-made, or having any obvious or latent defects therein, or whether I am merely spectating on the Property. I fully agree that I HOLD AND WILL HOLD HARMLESS the Property Owners from any and all liabilities, claims, demands, costs, losses, judgments, expenses, or compensation of whatever nature for any injury, loss, loss of life, or damage to my person and/or property resulting from or in any way connected with my entry onto or use of the Property, and regardless of whether the Property Owners directly or indirectly and/or actively or passively caused or contributed to said injury, loss of life, damage, or injury to my person or property by their negligent or grossly negligent acts or omissions.

I further PROMISE NOT TO SUE the Property Owners for any loss, damage, loss of life, or injuries to my person and/or property resulting from or in any way connected with my entry onto or use of the Property, including, but not limited to, the mountain biking trails and obstacles thereon, whether natural or man-made, or having any obvious or latent defects therein, and regardless of whether the Property Owners directly or indirectly, or actively or passively, caused or contributed to said loss, damage, loss of life, or injury to person or property by their negligent or grossly negligent acts or omissions. I further agree to REIMBURSE AND INDEMNIFY the Property Owners for all court costs and reasonable attorney's fees they spend in defending any action brought by me.

I further agree to fully and completely INDEMNIFY the Property Owners for any and all wrongful death claims and/or judgments related to my death resulting from or in any way connected with my entry onto or use of the Property, and additionally agree to INDEMNIFY the Property Owners for any and all court costs and reasonable attorney's fees in defending any such wrongful death action.

The parties hereto agree that if any word or phrase of this agreement is held unconscionable or unenforceable, said phrase or word shall be severed from this contract and the balance of the sentence and/or the contract shall remain in full force and effect, with the understanding that any such changes made to this agreement by any Court are to be made so as to grant the greatest possible release of liability to the Property Owners.

This agreement shall be construed according to the laws of the Commonwealth of Pennsylvania, and jurisdiction and venue over any cause of action arising hereunder shall be solely in the courts of Bedford County, Pennsylvania.

This Release From Liability and Covenant Not to Sue shall continue in full force and effect until revoked in writing and such writing is received by the Property Owners, either by hand delivery or by certified mail, return receipt requested, at which time, I understand I shall no longer be allowed on the Property for any reason.

PHOTO RELEASE.

I hereby agree to allow Squonk Bike Park to record and publish photos and videos (including audio) of myself for the purpose of promoting the mountain biking park and for documenting, advertising, promoting, and/or reporting events and activities in perpetuity and without compensation therefore. I understand photographs, video and/or audio tape recordings may be taken of myself and/or family members at practice, during competitions, recreational play, as well as other Squonk Bike Park-related events. I understand that this media will be produced and used for promotional purposes, and I authorize Squonk Bike Park to use my/our photograph, video and/or audio recording on its Website and social media platforms, such as Facebook, Instagram, YouTube, FourSquare and Pinterest, etc., as it deems fit in its sole discretion.

Sign the Waiver

By signing below, you confirm that you have read and agree to the Release from Liability and Covenant Not to Sue above.

Having trouble with the form? Email us at jon@squonkbikepark.com.