SIERRA BUTTES TRAIL STEWARDSHIP
2024 VOLUNTEER AND TRAIL CREW
RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY,
AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT
READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
In consideration for my participation as a volunteer or as part of a trail crew, including any and all associated events, such as, but not limited to,
camping, hiking, riding a bicycle or motorcycle, swimming, eating, drinking alcoholic and/or non-alcoholic beverages, and/or traveling to/from any
such activity (the “Activity”) for any event organized by, put on by, hosted by, or sponsored by the SIERRA BUTTES TRAIL STEWARDSHIP, a
California non-profit corporation, and/or the officers, directors, employees, affiliates, agents, volunteers, contractors, and other persons associated
therewith (collectively, “SBTS”), including, but not limited to, Epics, the Downieville Classic Mountain Bike Race and Festival, Lost and Found Gravel
Grinder and Bike Ride, and Mountains to Meadows Festival. I HEREBY VOLUNTARILY AGREE to the following:
1) I AGREE to observe and obey all posted rules and warnings which may be present at the location of the Activity or given by SBTS and to follow
and abide by any verbal and/or written instructions or directions given by SBTS about the Activity, if any.
2) I UNDERSTAND THAT THE ACTIVITY IS INHERIENTLY DANGEROUS AND INVOLVES THE RISK OF PROPERTY DAMAGE,
PERSONAL INJURY, SERIOUS BODILY INJURY, SERIOUS PERMANENT DISABILITY, AND EVEN DEATH. I further understand
that some, but not all, of the risks associated with the Activity, both known and unknown, include, but are not limited to: automobile accidents
and collisions; equipment failure; collisions with natural and manmade objects such as rocks and/or tools; collisions with other participants or
volunteers; encountering steep, rocky, and/or uneven terrain; encountering snakes, bears, insects, and other large and/or poisonous animals;
fatigue; exhaustion; sunburn; heatstroke; hypothermia; dehydration; drowning; limited access to and/or delay of medical attention; negligence of
others; etc.; which may result in physical, mental, and/or emotional distress from exposure to any of the foregoing; pulled and/or torn muscles,
ligaments, and/or tendons; broken bones; sprains; joint injuries; and/or other injuries and/or losses, including permanent disfigurement, disability,
and even death. By signing this agreement, I EXPRESSLY AGREE TO ACCEPT ALL DANGERS AND RISKS ASSOCIATED WITH THE
ACTIVITY, including those risks that are not expressly listed in this agreement, and including those risks that are both known and unknown to
me, whether or not they are inherent risks. RECOGNIZING AND ACCEPTING THE RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE
IN THE ACTIVITY. I EXPRESSLY ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH associated
with my participation in the Activity.
3) I ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT
PARTICIPATING IN THE ACTIVITY IS DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO
THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF SBTS. RECOGNIZING THE RISKS AND
DANGERS, I UNDERSTAND THE NATURE OF THE ACTIVITY AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN AND
EXPRESSLY ASSUME ALL RISKS AND DANGERS OF MY PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED
ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
4) I ALSO ACKNOWLEDGE THAT DUE TO THE REMOTE LOCATION OF THE ACTIVITY MEDICAL ASSISTANCE WILL NOT LIKELY
BE IMMEDIATELY AVAILABLE, AND THAT TRANSPORTATION TO A HOSPITAL OR OTHER MEDICAL FACILITY MAY TAKE
MORE THAN A DAY, AND THAT THERE MAY BE DIFFICULTIES AND/OR DELAY WITH COMMUNICATION, TRANSPORTATION,
AND/OR MEDICAL CARE. I AGREE THAT SBTS MAY CALL FOR MEDICAL CARE FOR ME AND MAY TRANSPORT ME TO A
MEDICAL FACILITY OR HOSPITAL, AND I CONSENT TO SBTS PROVIDING ME WITH EMERGENCY CARE, IF, IN SBTS’S SOLE
OPINION, MEDICAL ATTENTION IS NEEDED. IN SUCH AN EVENT, I AGREE TO PAY ALL COSTS ASSOCIATED WITH SUCH
MEDICAL CARE AND/OR TRANSPORTATION.
5) I AGREE it is my sole responsibility to be familiar with the Activity, including traveling to/from the Activity, and any special regulations for the
Activity, and agree to comply with all such rules and regulations. I UNDERSTAND AND AGREE that situations may arise during the Activity
which may be beyond the control of SBTS, and that I must participate in a manner so as to neither endanger myself nor others. I ACCEPT
RESPONSIBILITY for the condition and adequacy of my equipment, any equipment provided for my use, and my conduct in connection with
the Activity. I will wear a helmet at all appropriate times, and I assume all responsibility and liability for the selection of my helmet and any
modifications or attachments thereto. I further represent that I have no physical or medical condition which would endanger myself or others
during my participation in the Activity, or that would interfere with my ability to safely participate in the Activity.
6) In consideration for SBTS allowing me to participate in the Activity, and with knowledge of the risks and dangers involved, I AGREE to: (1)
ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH to me while engaged in, or as a result of
participating in, the Activities, including traveling to/from the Activities; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM, OR
FILE ANY ACTIONS against SBTS, or any of its board members, trustees, operators, affiliates, members, managers, employees, contractors,
volunteers, staff, agents, representatives, other personnel, carriers, and insurers (collectively, the “Released Parties”) that are based on, arise or
result from, in whole or in part, my attendance at or participation in the Activity, and, without limitation, claims arising out of or resulting from
ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT,
OR BREACH OF WARRANTY by any of the Released Parties; (3) HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED
PARTIES from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to the
Activity, and any loss, damage, or injury, including death, that may be sustained by me, or caused to others or their property by me, or brought by
me. I AGREE to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an
investigation, claim, and/or suit brought on my behalf as a result of my presence at or participation in the Activity. I UNDERSTAND AND
AGREE that by accepting these terms on behalf of any person other than myself, I am representing and warranting that I am legally authorized
to execute this agreement as either the parent or legal guardian of that person, or that I have been given the express authority and permission from
that other person to accept the terms and conditions on their behalf, and I FURTHER UNDERSTAND that by doing so I AGREE to
PERSONALLY INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from and against any and all claims brought by,
against, or on behalf of any person on whose behalf I have executed this agreement, should they refuse to accept or carry out the terms and
conditions of this agreement.
7) I AGREE that SBTS may take and/or use photographs, videos, audio, and/or likenesses of me and/or my property, for trade, advertising,
marketing, promotions, internet use, and/or any other purpose, print, digital, audio, or otherwise, without restriction or my approval. I HEREBY
RELEASE SBTS from any claim and/or liability relating to SBTS’s right to take, use, alter, and/or composite said photographs, videos, audio,
and/or likenesses. I UNDERSTAND AND AGREE that I will not receive any compensation, credit, and/or recognition for SBTS’s use of such
photographs, videos, audio, name, image, and/or likenesses.
8) This agreement contains the entire agreement concerning the subject matter of this agreement and supersedes any prior written and/or oral
agreements. The provisions of this agreement cannot be waived, altered, amended, modified, revoked, or terminated, in whole or in part, without
a subsequent written agreement specifically referring to this agreement and signed by all parties. This agreement shall stay in full force and effect
until revoked, and this agreement will inure to the benefit of and be binding on my heirs, personal representatives, assigns, and other successors
in interest.
9) This agreement shall be construed, interpreted, and enforced in accordance with, and governed by, the laws of the State of California, except that
this agreement will not be construed in favor of or against either party, but in a manner that is fair to all parties, and without regard to conflicts of
law principles. I further agree that any mediation, arbitration, lawsuit, or other proceeding filed to enforce this agreement, or arising out of the
subject matter of this agreement, shall be instituted and maintained only in the State of California, County of Nevada, Town of Truckee. If any
such action is removed to federal court for any reason, jurisdiction and venue shall be in the United States District Court for the Eastern District
of California in Sacramento, California. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND
JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL
RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY,
INCLUDING FOR INJURY TO PERSON, DAMAGE TO ANY PROPERTY, AND/OR DEATH.
10) If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent
of such invalidity or unenforceability. All other terms shall remain in full force and effect, and, to the extent permitted and possible, the invalid or
unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such
invalid or unenforceable term.
11) By signing this agreement, I, UNDER PENALTY OF FRAUD, REPRESENT that I am at least 18 years of age, or that I am under 18 years of
age and expressly authorize my parent and/or guardian to execute this agreement on my behalf, and that I am mentally sound and have capacity
to enter in this agreement.
12) Participants under the age of 18 years are required to have a parent or legal guardian read and sign this agreement.
13) I ACKNOWLEDGE that I have had an opportunity to review this agreement with independent legal counsel and have exercised that right to the
extent deemed necessary. I FURTHER ACKNOWLEDGE that I enter into this agreement of my own free will and accord, voluntarily, without
coercion, duress, or undue influence from any source. Therefore, I AGREE to be bound by the terms of this agreement. This agreement shall be
binding to the fullest extent permitted by law and shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and
personal representatives.
I HAVE READ AND UNDERSTAND THE FOREGOING RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF
RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT AND I UNDERSTAND THAT BY SIGNING
THIS DOCUMENT I AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS AND THAT I AM PHYSICALLY FIT AND SUFFICIENTLY
TRAINED TO PARTICIPATE IN THE ACTIVITY AND MY PARTICIPATION IN THE ACTIVITY IS VOLUNTARY.
PLEASE COMPLETE THE FOLLOWING INFORMATION
