1. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that may result in permanent disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or others' equipment.
3. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS
DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear cannot guarantee the participant's safety. I further agree that no helmet
can protect the wearer against all potential head injuries or prevent injury to the wearer's face, neck or spinal cord.
4. Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and nonpadded barriers, other persons, and other
natural and man-made hazards.
5. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
6. Exposure to the elements and temperature extremes may result in frost nip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
7. Dangers associated with exposure to natural elements include but are not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and/or varied wind, temperature and other weather conditions.
8. Accidents or illness occurring in remote places where there are no available medical facilities.
9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
10. Risk of delays, inconveniences, theft, terrorism, crimes, personal losses, and mechanical problems.
11. Impact or collision with other athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
12. “Acts of God” or other actions taken by governments or their civil authorities, or common carriers that would impede Rusty Bindings delivering any or all of the contracted services, may result in injury, inconvenience, travel deviations, or unexpected cancellations relating to such risks or events, and are not within Rusty Bindings’ control.
13. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While rules and personal discipline may reduce this risk, the risk of serious illness and death does exist, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
14. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the
above-described activity(ies) and related activities, I hereby agree,
acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY
AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property,
WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or
entities, herein referred to as releasees: Rusty Bindings Ski Club.
2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury,
property damage, or wrongful death arising from the above activities whether
caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
4. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
Additional Participant Acknowledgments
Official RBSC activities and independent member activities. For purposes of this
agreement, official RBSC activities are those authorized by the RBSC Board of
Directors or pursuant to documented Board-delegated authority. Independently
organized ski outings, scuba-diving trips, camping, RV trips, carpools, travel,
social gatherings and sporting events are not official RBSC activities merely
because members or officers participate or invitations are circulated through
WhatsApp, Evite, Facebook, email or text. RBSC does not organize, supervise,
administer or provide insurance for those private activities. This statement
describes Club authorization and does not itself determine legal liability or
insurance coverage.
Safety rules and
participant conduct. I agree to follow applicable RBSC safety procedures,
venue rules, and reasonable instructions from authorized activity leaders. I
will use appropriate safety equipment, assess my own fitness and ability, and
promptly report significant hazards when reasonably possible. Harassment,
abuse, intimidation, bullying and threatening conduct are prohibited during
official RBSC activities and may result in removal or other action under Club
procedures.
Concussion and head injury awareness. I understand that falls, collisions and other recreational incidents may cause concussion or other serious head injury. If I sustain or suspect a concussion or significant head injury, I will stop participation, notify the activity leader when reasonably possible, and seek appropriate medical evaluation. I will not resume the activity until medically appropriate. I understand RBSC volunteer activity leaders may not be medical
professionals.
Insurance clarification. I understand that signing this release does not create,
extend, or guarantee insurance coverage. Any insurance benefits or liability
coverage depend on the terms, exclusions, conditions and limits of the
applicable issued policy. Specialized activities such as scuba diving may be
excluded from general liability coverage and require separate insurance when
independently undertaken.
Policy acknowledgment. I acknowledge that RBSC maintains safety and participant-conduct procedures for its official activities and agree to comply with those policies as made available or communicated to me.
Cycling and E-Bike Safety Acknowledgment (Applies to Official RBSC Bicycle Activities)
When participating in an official RBSC bicycle ride, I acknowledge the risks of motor vehicles, pedestrians, other cyclists, road defects, changing surfaces, weather, falls, and equipment failure. I agree to:
• Use a bicycle or permitted e-bike that is in safe operating condition and appropriate for the planned route; inspect and maintain my own equipment.
• Wear a properly fitted bicycle helmet meeting an applicable recognized bicycle-helmet safety standard.
• Obey applicable traffic laws, signs, and signals, and ride at a speed and distance appropriate to road and group conditions.
• Assess my fitness and ability to complete the ride; notify the activity leader of significant hazards when reasonably possible; stop or leave the ride if I cannot continue safely.
• For an e-bike, comply with applicable classification, access, speed, and equipment rules, and operate within my ability.
• Understand that RBSC ride leaders are volunteers and cannot eliminate the inherent risks of public-road cycling.
For each official cycling event, RBSC may also require a ride registration, roster acknowledgment, or activity-specific release as directed by its insurer. This annual waiver does not replace any separately required event document.
Participant Acknowledgment and Signature
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK
AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
