WAIVER, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY AGREEMENT
2024 BIJOU BIKE PARK MAINTENANCE VOLUNTEER ACTIVITIES
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS.
This Waiver, Assumption of Risk, and Release of Liability Agreement (“Release”) applies to all persons participating as a Tahoe Area Mountain Biking Association Maintenance Volunteer (“Volunteer”) at City of South Lake Tahoe’s Bijou Bike Park located in the Bijou Community Park at 1201 Al Tahoe Blvd during the 2023 calendar year.
In consideration of the opportunity to participate as a Volunteer, I, an adult Volunteer or Parent of a Volunteer who is a minor (for myself and on behalf of the minor), hereby freely, voluntarily, and without duress execute this Release under the following terms:
I AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND the City of South Lake Tahoe and its elected or appointed officers, officials, employees, agents, representatives, and volunteers (the “City”), against all claims, causes of action, damages, judgement, costs, and/or expenses, including attorney’s fees and other costs, which may in any way arise from my participation as a Volunteer. I FURTHER REPRESENT AND WARRANT that I will not participate in Volunteer maintenance activities if I am experiencing symptoms of a Coronavirus or other communicable disease, including, but not limited to COVID-19, e.g., fever, shortness of breath, cough, etc.
RESPONSIBILITIES. Agree that upon each commencement of my participation as a Volunteer, I will inspect the Bijou Bike Park premises and surrounding areas, supplies provided, and equipment provided and IF I BELIEVE OR FIND ANY OF THEM TO BE UNSAFE, I WILL IMMEDIATELY ADVISE THE PERSON SUPERVISING MY VOLUNTEER ASSIGNMENT. IF ANY SAFETY ISSUES I REPORT ARE NOT RESOLVED TO MY SATISFACTION, THEN I WILL LEAVE THE PREMISES AND REFUSE TO PARTICIPATE AS A VOLUNTEER.
ACTIVITIES. Acknowledge that my participation as a Volunteer has inherent risks that no amount of care, caution, instruction, or expertise can eliminate, and that during my participation as a Volunteer, I will be involved in, or exposed to, activities and situations that may involve significant risk. I understand that these activities and situations may include, but are not limited to: (1) the nature of participating as a Volunteer itself; (2) communicable diseases; (3) natural disasters; (4) latent or apparent defects or conditions in premises, supplies, equipment, property, Bijou Community Park, or Bijou Bike Park; (5) use or operation, by myself or others, of equipment supplied by myself or other persons or the Tahoe Area Mountain Biking Association (“TAMBA”); (6) acts of guests or other persons at Bijou Community Park, including Bijou Bike Park; (7) weather conditions; (8) contact with plants or animals; (9) my own physical condition (10) my own acts or omissions; (11) condition of the Bijou Bike Park and surrounding terrain, and accidents connected with their use and maintenance work performed; (12) first-aid, emergency treatment, or other services rendered; (13) consumption of food or drink. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury, death, paralysis, permanent or temporary disability, illness, disease, or damage to myself, to my property, or to other third parties. I expressly accept those risks not specifically listed above as well. I attest that I am fully aware of the risks and hazards connected with being a Volunteer and hereby elect to voluntarily participate, knowing that my participation as a Volunteer may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, to the extent permitted by law, which may otherwise be sustained as a result of being engaged as a Volunteer.
RELEASE AND WAIVER. I, ON MY OWN BEHALF OR ON BEHALF OF MY MINOR CHILD(REN) OR WARD(S), RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS THE CITY OF SOUTH LAKE TAHOE AND ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS (COLLECTIVELY, THE “CITY ”) FROM ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM PARTICIPATING AS A VOLUNTEER. I UNDERSTAND THAT BY SIGNING THIS RELEASE, I WAIVE MY RIGHT, AND/OR THAT OF MY CHILD(REN) OR WARD(S), TO BRING A COURT OR OTHER ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR ANY INJURY TO MYSELF, MY CHILD(REN) OR WARD(S), OR MY PROPERTY OR FOR MY DEATH OR THAT OF MY CHILD(REN) OR WARD(S), HOWEVER CAUSED, ARISING OUT OF MY OR MY CHILD(REN) OR WARD(S’)’S PARTICIPATION AS A VOLUNTEER. THIS RELEASE DISCHARGES THE CITY FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THEM WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM MY OR MY MINOR CHILD(REN) OR WARD(S’)’S PARTICIPATION AS A VOLUNTEER, WHETHER CAUSED BY THE NEGLIGENCE OF TAMBA, THE CITY, THE CITY’S OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR OTHERWISE. I FURTHER UNDERSTAND THAT THE CITY DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING BUT NOT LIMITED TO ANY MEDICAL OR HEALTH PAYMENTS IN THE EVENT OF INJURY OR ILLNESS.
MEDICAL TREATMENT. I, on my own behalf or on behalf of my minor child(ren) or ward(s), do hereby release and forever discharge the City from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with participation as a Volunteer.
DAMAGE TO OTHERS. Understand and acknowledge responsibility for any injury or damage that I cause to others during my time as a Volunteer and hereby agree to indemnify, defend, and hold harmless the City of South Lake Tahoe and its elected or appointed officers, officials, employees, agents, and volunteers, to the extent permitted by law, from any and all claims for bodily injury (including death), property damage, and other liability, damages, lawsuits, and expenses, including but not limited to medical expenses and attorneys’ fees, caused by my negligence or willful misconduct in the performance of my duties as a Volunteer;
PHYSICAL HEALTH. Warrant that I have the physical health, ability, and experience to participate as a Volunteer without risk of physical harm to myself or others, have not been advised to not participate as a Volunteer by a qualified medical professional, and warrant that there are no known health-related reasons, mental impairments, or other problems that preclude my participation as a Volunteer.
DRUG USE. Attest that I will not use any form of alcohol, stimulants, or drugs (prescription or non-prescription), that could jeopardize my safety, or the safety of others, while performing maintenance work as a Volunteer.
PHOTOGRAPHIC RELEASE. Hereby grant the City of South Lake Tahoe the right to reproduce, use without restriction for promotional purposes, and distribute to third parties, including but not limited to, graphic design and marketing agencies, any and all photographs, pictures, slides, movies, or videos that may be taken of me in conjunction with my participation as a Volunteer, and hereby waive any claim for compensation or consideration.
VENUE. I agree to the sole and exclusive venue of the County of El Dorado, California, South Lake Tahoe Division. I further agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of California, and that the substantive law of California shall apply without regard to any conflict of law rules. I agree that if any portion of this Release is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, or enforceable only if modified, such finding shall not affect the validity of the remainder of this Agreement, which shall remain in full force and effect and continue to be binding on the undersigned.
THIS DOCUMENT RELIEVES THE CITY OF SOUTH LAKE TAHOE AND ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM LIABILITY FOR PERSONAL AND/OR BODILY INJURY, WRONGFUL DEATH, AND/OR PROPERTY DAMAGE WHICH MAY OCCUR AS A RESULT OF MY PARTICIPATON AS A VOLUNTEER, TO THE EXTENT PERMITTED BY LAW.
IMPORTANT: IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have carefully reviewed the foregoing ‘Agreement’ in its entirety, and I understand all of its terms. By this Agreement, I have had the opportunity to ask questions and have been advised to consult with an attorney before executing this Agreement. I knowingly, freely, and voluntarily assent to all of this Agreement’s terms and conditions including, without limitation, the waiver, release, and covenants contained in it. I FURTHER UNDERSTAND THAT THIS ‘RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT’ IS BINDING UPON MYSELF, MY FAMILY MEMBERS (TO INCLUDE MY SPOUSE), HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS TO THE FULLEST EXTENT AS PERMITTED BY CALIFORNIA LAW.
