READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS IN A LAWSUIT FOR ANY PERSONAL INJURY OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
1. DEFINITIONS: The person who is using the Mountain Bike Trial or Off-Road Bicycle Riding Trail shall be referred to hereinafter as “Participant”. The undersigned means only the Participant when the Participant is under the age of 18 years and means both the Participant and the Participant’s Parent or Legal Guardian.
2. INHERENT RISKS OF ACTIVITY: I, the undersigned, acknowledge and understand that Mountain Bike Trail or Off-Road Bicycle Riding is inherently dangerous in that there are dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity of Mountain Bike Trail or Off-Road Bicycle Riding, and which are not eliminated even if the Martin County Board of County Commissioners acts with due care in a reasonably prudent manner.
The undersigned also acknowledges and understands that Mountain Bike Trail or Off-Road Bicycle Riding is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those cause by the terrain, environment, facilities, temperature, weather, condition of riders, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of events, and the lack of hydration.
3. RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK: I, the undersigned, acknowledge and understand that pursuant to Section 316.0085(4), Florida Statutes, that the Martin County Board of County Commissioners and/or its employees are not liable to any person who voluntarily participates in Mountain Bike Trail or Off-Road Bicycle Riding for any damage or injury to property or persons which arise out of a person’s participation of such activity, and which takes place in an area designated for such activity.
I, the undersigned, being of lawful age, in consideration of the Minor being permitted to participate in Mountain Bike Trail or Off-Road Bicycle Riding, do hereby for myself, the Minor, and any heirs, executors, administrators and assigns of the Minor, RELEASE AND FOREVER DISCHARGE the Martin County Board of County Commissioners, their officers, agents, employees, volunteers, assigns and successors of and from any and every claim, demand, action or right of action, of whatever kind or nature, either in law or in equity arising from or by reason of any bodily injury, personal injuries whether known or unknown, death, or property damage resulting or to result from any accident which may occur as a result of Minor’s participation or any activities in connection with the Minor’s participation in Mountain Bike Trail or Off-Road Bicycle Riding; even if the accident occurs as a result of the negligence of the Martin County Board of County Commissioners, or its employees or agents, to the fullest extent permitted by Florida Law.
I, the undersigned, also acknowledge, understand, and assume all of the risks of the Participant using the Mountain Bike Trail or Off-Road Bicycle Trail provided by the Martin County Board of County Commissioners; and agree to indemnify and hold harmless the Martin County Board of County Commissioners from any and all claims or causes of action brought against it, its employees or agents, arising from or related to the Participant’s use of the Mountain Bike Trail or Off-Road Bicycle Trial, including costs, attorney’s fees, costs on appeal, and attorney’s fees on appeal.
4. REQUIREMENT TO FOLLOW ALL POSTED RULES: I, the undersigned, acknowledge and agree that the Participant shall and will follow all posted rules for the Mountain Bike Trail or Off-Road Bicycle Trail.
5. MEDICAL RELEASE: In the event that I am unable to be reached in an emergency, I hereby give permission for medical treatment, and related transportation, to any licensed physician, surgeon, clinic, hospital, or ambulance service to secure proper treatment, and to order anesthesia, for my child/ward (the Participant) as named above.
6. COMPLETE UNDERSTANDING: I, THE UNDERSIGNED, ACKNOWLEDGE THAT I HAVE READ THIS MOUNTAIN BIKE TRAIL/OFF-ROAD BICYCLE TRAIL RELEASE AND WAIVER OF LIABILITY, HAVE REVIEWED IT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR MYSELF AND THE MINOR BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I attest that my child or ward (the Minor) is physically fit and has been trained for this Mountain Bike Trail/Off-Road Bicycle Trail Riding activity. I also waive and release use of my or my minor child’s or ward’s photograph or likeness for any reason or purpose, without my permission. I WANT MY CHILD OR WARD (THE MINOR) TO PARTICIPATE IN THIS HAZARDOUS SPORT! I certify that I am over 18 years of age and am entering into this Mountain Bike Trail/Off-Road Bicycle Trail Release and Waiver of Liability and the Medical Release as the Parent and Legal Guardian for the minor Participant named above and that I also have the authority to do so on behalf of the Participant’s other parents or guardians.
7. GOVERNING LAW/JURISDICTION: This Mountain Bike Trail/Off-Road Bicycle Trail Release and Waiver of Liability for Minors shall be governed by the laws of the State of Florida, and any legal action relating to or arising out of this Mountain Bike Trail/Off-Road Bicycle Trail Release and Waiver of Liability for Minors shall be commenced exclusively in the Circuit Court of the Nineteenth Judicial Circuit in and for Martin County, Florida (or if such Circuit Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction).
8. COMPLETE AGREEMENT: I, the undersigned, acknowledge and agree that this Mountain Bike Trail/Off-Road Bicycle Trail Release and Waiver of Liability for Minors contains the entire agreement between the parties and the terms of this Mountain Bike Trail/Off-Road Bicycle Trail Release and Waiver of Liability for Minors is contractual and not a mere recital.