This Assumption of Risk and Liability Waiver (hereinafter referred to as the "Waiver") is entered into by and between Dirtastic, LLC, having its principal office at 1223 Eastside Rd, Hood River, OR 97031, USA (hereinafter referred to as the "Company") and the undersigned participant (âParticipantâ) for the dirt bike events organised by the Company (hereinafter referred to as the "Event").
This Assumption of Risk and Liability Waiver is a legally binding agreement. Participants should carefully read and understand its terms before attending and/or participating in the Event. If you have any questions or concerns about this Waiver, please contact the Company at
[email protected].
Acknowledgement of Risks: The Participant acknowledges and understands that participating in dirt bike events organised by the Company, including but not limited to single-day training sessions, multi-day camps, overnight campouts, recreational riding events, private lessons, and complementary community group rides, inherently involves certain risks. These risks include, but are not limited to, physical injuries (ranging from minor to life-threatening), environmental hazards (like adverse weather, wildlife encounters, and difficult terrain), equipment failure, collisions, falls, exhaustion, dehydration, heatstroke, hypothermia, getting lost, risk of drowning, exposure to dust and allergens, psychological stress, insect bites, plant allergies, motor vehicle accidents, infection, and even death in certain cases.
Assumption of Risks: Despite these risks, the Participant voluntarily elects to participate in these activities and assumes full responsibility for any risks, both known and unknown, associated with these activities, even if arising from the negligence of the Company or others, to the fullest extent permitted by law. This assumption of risk extends to all aspects of the event, from the use of equipment and facilities to interactions with other participants and the natural environment. The Participant understands that the risks inherent in these activities are an essential part of these experiences and accepts them as a condition of participation.
Additional Risks: For international tours, the Participant acknowledges additional risks including, but not limited to, travel complications, loss of luggage or personal items, and the need to adhere to international regulations. The Participant is advised to obtain appropriate travel insurance. The Company is not responsible for personal injury, loss of life, loss or damage to personal property, no refunds for cancellations, and any advice or information provided is not guaranteed for accuracy or completeness.
Personal Responsibility: The Participant acknowledges that they are responsible for their own welfare and for the protection of their personal belongings during their participation in Dirtastic, LLC activities.
Eligibility and Supervision: Participants who are minors (15 years or younger) require adult supervision at all times. Participants under 18 years of age must have this form signed by their parent or legal guardian. Attendance at a mandatory ridersâ meeting at the start of each event is required for all participants.
Safety Measures: Participants are required to wear DOT/Snell approved helmets at all times during riding. It is strongly recommended that participants wear moto boots, jerseys, pants, gloves, chest protectors, goggles and knee guards for their protection. Regular hydration and the use of sunscreen are encouraged to prevent dehydration and sunburn.
Medical Facilities and First Aid: Medical facilities and access to first aid vary by event. First aid kits and GPS communication devices are generally made available at all events. Ambulance services and medics will be present at the Main Event. Participants acknowledge that there may be delays in medical attention or difficulties in evacuation during certain events.
Consent to Medical Treatment: In the event of an injury or medical condition, the Participant consents to receive medical treatment deemed advisable in the best judgement of medical personnel. The Participant agrees to be financially responsible for any medical or legal costs resulting from participation in these activities.
Representation and Warranties: The Participant represents and warrants that they are engaging in the activities provided by Dirtastic, LLC voluntarily and at their own risk. The Participant understands the nature of the activities and represents that they are qualified, in good health, and in proper physical condition to participate in such activities.
Release and Waiver of Claims: The Participant hereby releases, waives, discharges, and covenants not to sue Dirtastic, LLC, its directors, officers, employees, volunteers, agents, and event sponsors (âReleaseesâ) from all liability to the Participant, his/her personal representatives, assigns, heirs, and next of kin for any loss or damages, and any claim or demands on account of injury to the person or property or resulting in death of the Participant, whether caused by the negligence of the Releasees or otherwise while the Participant is in, upon, or about the premises or any facilities or equipment therein, or participating in any program affiliated with Dirtastic, LLC. This release also extends to any claim that the Participant's estate, heirs, executors, administrators, or assigns may have in the future as a result of the Participant's participation in activities conducted by Dirtastic, LLC.
Indemnification: The Participant agrees to indemnify and hold harmless the Company from any loss, liability, damage, or cost they may incur due to the presence of the Participant in, upon or about the Company premises or in any way observing or using any facilities or equipment of the Company or participating in any program affiliated with the Company whether caused by the negligence of the Participant or otherwise.
Acknowledgment of Understanding: The Participant has read this Waiver, fully understands its terms, understands that they have given up substantial rights by signing it, and has signed it freely and without any inducement or assurance of any nature. This Waiver shall be binding upon the heirs, next of kin, executors, administrators, and assigns of the Participant.
Severability: If any part of this Waiver is found to be invalid, the rest of it will still be effective and enforceable.
Governing Law: This Waiver shall be governed by and interpreted in accordance with the laws of the State of Oregon, except its conflicting provisions. Any legal disputes arising from this Waiver shall first be attempted to be resolved amicably, failing which, they may be brought before the courts of Hood River County, Oregon.
No Refunds Policy: The Participant understands that there will be no refunds or credits for any reason including, but not limited to, personal emergencies, unexpected events, weather conditions, or expulsion from an event.
Photography and Media Release: The Participant agrees to grant Dirtastic, LLC the right to use photographs, video, or audio recordings taken during events, in which the Participant may be included, for promotional, educational, and informational purposes without compensation. You may opt out by writing to us at
[email protected].
Follow Directions: The Participant agrees to follow all instructions, directions, and rules given by Dirtastic, LLC staff, volunteers, and event coordinators. Failure to comply may result in expulsion from the event without a refund.
Signature: By signing below, the Participant acknowledges that they have read, understood, and consented to this Assumption of Risk and Liability Waiver in its entirety.
IF PARTICIPANT IS UNDER 18 YEARS OF AGE:
Parent/Guardian's Name, Relation and Signature are required.
