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Bike for Books

Liability Release, Acknowledgement of Risks and Hazards and Agreement Not To Sue (“Release”)

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

Participant Information

Is participant under 18?
YES participant is under 18
NO participant is over 18

Emergency Contact

  1. The Bike for Books race and event (“B4B”) is sponsored by Pope Memorial Library (“Sponsor”) and will be held on the premises of multiple private and public landowners (the “Premises”), including without limitation the Town of Conway, NH Department of Transportation, Mount Washington Valley Trails Association, CMR Properties, LLC, and CM Resort, LLC d/b/a Cranmore Mountain Resort  (“Landowners”).

  1. I acknowledge I have been given the opportunity and have been encouraged by Sponsor to inspect the facilities and course PRIOR to signing this Release. I hereby certify that I am physically fit and have no medical conditions or allergies that affect my ability to participate in this activity.  I accept responsibility for and warrant the condition of my bicycle and agree to abide by all the rules of B4B, especially as they relate to the wearing of a helmet.

  1. I understand that bicycling and mountain bicycling and associated activities, including all activities arranged by Sponsor and/or conducted on land of the Landowners involve inherent and other risks of INJURY and DEATH, and involve risks, dangers, and hazards which are greater than those normally associated with bicycle riding.  Injuries are a common and expected part of mountain bicycling, and inherent risks are risks that cannot be eliminated regardless of the care and precautions taken by any party.  I acknowledge, understand, and voluntarily accept the risks, hazards, and dangers, including without limitation:

a. Collision with persons or objects;

b. mechanical failure of equipment;

c. rapid and uncontrolled acceleration;

d. changing weather and riding conditions, including without limitation slippery terrain; 

e. natural and unseen hazards; 

f. manmade hazards, including trail features such as jumps and gaps;

g. variations in cycling terrain;  

h. judgment and behavior problems of others, including co-participants and spectators;

  1. I agree that having a Sponsor employee present does not lessen the amount or severity of the risks or hazards of these activities.

  1. I further understand and acknowledge that any of the risks discussed herein and others, not specifically named, may cause injury and injuries, including but not limited to permanent disability and death. 

  1. In consideration of being permitted to participate in B4B, I hereby agree, for myself and my heirs, issue, next of kin, legatees, beneficiaries, executors, administrators, subrogors, assigns, and personal representatives:

(a) not to bring a claim against or sue, and AGREE TO RELEASE AND FOREVER DISCHARGE the Sponsor and/or the Landowners, or any trail group that developed, maintains, or stewards the trails on the Premises (the “Trail Groups”), together with each of their employees, volunteers, agents, parent companies, owners, affiliates, vendors, agents, officers, directors, managers, and their successors in interest, (collectively “Releasees”), from all liability for injury, death, property loss and damage that results from my participation in activities at B4B, or which is related to any other activity at the Releasees’ premises including all liability that results from the NEGLIGENCE of Releasees, or any other person or cause; and


(b to INDEMNIFY, DEFEND and HOLD HARMLESS Releasees from any and all losses, damages, costs and attorney’s fees resulting from any and all claims or suits for personal injury, death and/or property damage that may in any way arise out of my participation in B4B, or any other activities on Releasees’ premises, regardless of how or by whom or by what the personal injury, death and/or property damage was caused, or any subrogation or derivative claims brought by any third party or insurer for injury or damage I may cause.

  1. In addition to this general Liability Release and waiver, I acknowledge and understand that no part of my entry fee paid to B4B has been paid or forwarded to any of the Landowners, or to any of the Trail Groups, and that I understand, acknowledge, and agree: a) that the Landowners and Trail Groups have allowed access to the properties used for the B4B for recreational purposes, including without limitation the B4B and associated activities without charge; b) that neither the Landowners or Trail Groups are or were involved in the planning, development, sponsorship, or operation of B4B; and c) that in addition to the general release provided by this Liability Release and Waiver, the Landowners and Trail Groups are additionally protected from any and all liability for my use of the Property, and I am prohibited from bringing suit against any of the Landowners and/or Trail Groups, as outlined in and pursuant to the New Hampshire Recreational Use Statute, RSA 508:14 and RSA 212:34, which I expressly agree bars any action that I might have otherwise had as against Landowners and/or Trail Groups.  I also agree that any of the Trail Groups 

  1. I authorize Releasees to administer first aid to me as they deem necessary. I authorize my transportation to a medical facility, at my expense, if deemed necessary by Releasees. In the case of serious illness or injury where I am incapacitated in any way and unable to communicate, I give permission for treatment, including medical and/or surgical care necessary for my well-being, at my expense. I agree that upon transporting me to any medical facility, clinic or hospital, if undertaken, the responsibility of the Releasees shall be totally fulfilled and the Releasees shall have no further responsibility.

  1. I hereby grant exclusive permission to Releasees to use my image(s) for the purpose of publicity, public relations, editorial, or other advertising purposes without restriction as to frequency or duration.

  1. This Release is a legally binding contract and supersedes any other agreements or representations by or between the parties and is governed by the laws of the State of New Hampshire.  It shall be interpreted to provide as broad and inclusive a release of liability as is legally permissible, but it is not intended to assert any claims or defenses that are prohibited by law. I agree that exclusive jurisdiction and venue for any legal action against the Releasees shall be in the state courts of New Hampshire and such courts shall have personal jurisdiction. If any part of this agreement is determined to be unenforceable, all other parts shall still be given full force and effect. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, I UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. I understand and agree that this Agreement will apply for every day I engage in any activity during the B4B without requiring me to sign an additional Agreement for each day and/or each activity until I revoke it in writing and that writing is accepted in writing signed by the Sponsor’s authorized representative. I agree that this is a Release of Liability and Agreement Not to Sue, which will legally prevent me, or any other person, from filing suit or making any other claims for damages in the event of personal injury, death or property damage. I FREELY AND VOLUNTARILY ENTER INTO THIS RELEASE. I UNDERSTAND THAT PERMISSION TO USE THE PREMISES, ITS FACILITIES, AND EQUIPMENT IS BEING GIVEN TO THE UNDERSIGNED PARTICIPANT (OR PARENT/GUARDIAN) IN EXCHANGE FOR THE EXECUTION OF THIS RELEASE. I have made no misrepresentations to the Releasees regarding my name, age, medical condition or any other information. This Release and all its components shall survive and continue in force beyond the termination of the current season with respect to any liability, injury or damage occurring prior to such termination. If I am not willing to accept this Release, then I should not sign this Release and I should decline the services and/or equipment described on this Release as offered to me by Releasees. This Agreement shall be binding upon myself and my heirs, issue, next of kin, legatees, beneficiaries, executors, administrators, subrogors, assigns, and personal representa

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