Waivers
SMBA COVID19 Operating Policies– 2021
•While operating, we are required to follow all state and county health guidelines. These include:
•All coaches and athletes will be required to have a face covering that meets the CDC guidelines.
•All coaches and athletes will be required to wear masks anytime a separation of 6 feet cannot be maintained
•Coaches shall work with athletes to teach, and maintain 6 feet of separation skiing, stops, and when regrouping on the trail.
•Parents must wear a mask when dropping off and picking up athletes.
•No current van use. (will re-evaluate)
•All participants (Coaches, staff, athletes, and volunteers) must complete a Daily Health Screening
Health Screenings and COVID19
•All athletes, coaches, staff, and guardians (who are present for 15 minutes or more) are required to complete a daily health screening including a temperature check.
•Health checks should take place at home prior to attending training.
•Anyone who does not pass the health screening (has symptoms) is not permitted to participate and MUST provide proof of a Negative COVID19 Test in order to return training.
•Any athlete who has a household member with COVID19 or is awaiting test results must follow CDC Guidelines for quarantine.
COVID19 Related Refund Policies
Cancellation Prior to Start of Season
•A registration may be cancelled up to 24 hours prior to the start of the first day of your program and refunded (minus $250 deposit for Full Season Programs, $75 deposit for Team Programs, $50 Deposit for Camps) by contacting the LERT Office (trish@lertprorams.com or rachel@lertprograms.com)
Refund Policy
•Partial Program Fees will only be eligible to be refunded to those who drop out of the Team program during the first 25% of the season. In addition, a portion of the fees will be considered to be non-refundable (the deposit). Other non-refundable portions include any fees that LERT incurs due to the athlete enrolling (Trail Permits, USSA, Etc.). The remaining fees will be prorated for the time the athlete has participated.
Refund due to Injury
•Injury refunds will be given only for season-ending injuries. For an injury refund a note from a medical doctor attesting to the season ending nature of the injury will be required.
COVID19 Related Cancellations
•If all training options must be cancelled for at least 3 consecutive weeks due to COVID19 between the first scheduled program training day and July 1st, 2021 members are eligible for a partial credit for the future programming. After July 1st, no COVID19 related refunds will be issued. Partial credit amounts will be determined based on the percentage of programming that took place prior to the cancellation and vary depending by each program.
•Governing bodies (such as The Forest Service, Boulder County, CDC) may place additional COVID19 related restrictions on our operations. As well, competitions/races could be changed or canceled. These restrictions and cancellations are outside of the control of LERT Programs and will not be a cause for refunds.
•Any partial refunds or credits will be issued after the end of the program.
SINGLETRACK MOUNTAIN BIKE ADVENTURES
2021 ASSUMPTION AND ACCEPTANCE OF RISK, RELEASE AND INDEMNITY
NOTICE: THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING OR ENGAGING IN THIS ACTIVITY.
I/We,___________________________________ and ,
(parent(s) or legal guardian) of , (a minor) (“Participant”), and Participant (collectively, the “undersigned”), in consideration of the Participant’s participation and membership in Single Track Mountain Bike Association (the “Club”) to engage in mountain biking and mountain bike racing competition, training (both “dry land” and on paths) and all other activities, whether bike related or otherwise, in connection with Participant’s participation the Club, and including specifically, without limitation, Club provided transportation to and from paths or other race areas in any Club vehicle or Club employee’s vehicle, and accommodations arranged by the Club in connection with such transportation to and from other ski areas (collectively, the “Activities”), understand, acknowledge and agree as follows:
1. Acknowledgment of Risks Inherent in the Activities. I/we agree with the premise that the Participant is a competitor at all times, whether practicing for competition or in competition. I/we acknowledge that I/we am/are fully aware that mountain biking in its various forms are action sports that are HAZARDOUS and that have significant risks of serious personal injury, death or property damage. I/we further acknowledge that there are natural, mechanical, environmental and other hazardous conditions and risks that, independently or in combination with Participant’s Activities, may result in serious physical injury, death or property damage to Participant or others. I/we acknowledge and understand that the Activities are more hazardous than Regular Mountain biking and that injuries are a common occurrence to those participating in the Activities. I/we expressly acknowledge that in the ordinary course of the Activities, Race Participant swill routinely ride on chair lifts, without the assistance or presence of Club personnel. I/we agree that in his or her sole judgment, Participant is capable of riding such lifts alone or with people other than Club personnel. I/we hereby give permission for Participant to ride such lifts alone or with people other than Club. I/we further acknowledge that Participant in voluntarily engaging in the Activities and that no representations or warranties have been made to the me/us by any agent or representative or anyone associated with the Club regarding the safety of the Activities.
WARNING
Under Colorado law, a mountain biker assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of mountain biking, including: changing weather conditions, existing and changing snow and weather conditions, bare spots, rocks, stumps, trees; collisions with natural objects, man-made objects, or other skiers; variation in terrain, and the failure of bikers to bike within their own abilities.
2. Assumption of Risk. I/we represent that I/we have read Section 1 and that I/we are fully aware of the risks associated with the Activities, (if Participant is a minor) I/we have discussed with Participant the risks inherent with Participant’s involvement in the Activities, and acknowledge and agree that Participant and the undersigned are solely responsible for: (a) Participant’s safety while participating in the Activities and (b) providing, utilizing and maintaining the equipment necessary for the safe enjoyment of Participant’s participation in the Activities. I/we agree that the Participant is and will always be provided an opportunity to conduct a reasonable visual inspection of the training or race venue and that the Participant will be held to assume the risk of all equipment and course conditions including but not limited to, weather and rain, snow conditions, course construction or layout and obstacles. I/we specifically acknowledge that the Club, its coaches, volunteers, officers and directors, the individual promoters, sponsors and organizers of various racing events, the promoter clubs, the race officials, the resort areas at which races are held, and all past or present representatives, officers, directors, shareholders, attorneys, employees, agents, nominees, members, affiliates, subsidiaries, successors and assigns of any person or entity named above (hereinafter collectively, the “Released Parties”) are not responsible for Participant’s safety, and that as a condition to Participant’s participation in the Activities, I/we RECOGNIZE, ACCEPT AND ASSUME ALL RISK OF PERSONAL INJURY OR DEATH or property damage associated with Participant’s participation in the Activities, whether such risks (including, without limitation, those risks listed in Section 1 above) are known or unknown, and regardless of whether such risks are caused by (a) the intentional acts, negligence or carelessness of the Released Parties, any other person or participant, equipment failure, or otherwise, or (b) the breach of any express or implied warranty.
3. Waiver, Release, Discharge, Agreement Not to Sue, Indemnify and Hold Harmless. The undersigned Participant, the parent(s) and/or guardian of Participant, or anybody representing Participant, on behalf of themselves, their successors, assigns, heirs, personal representatives and all persons claiming by, through or under them, hereby fully and forever RELEASE, WAIVE, RELINQUISH AND DISCHARGE the Released Parties from any and all liabilities or claims of any nature whatsoever (including, without limitation, attorneys’ fees) at law or in equity, whether known or 1 unknown, for personal injury, death or property damage to Participant or others, and agree further to forever INDEMNIFY and HOLD HARMLESS the Released Parties from any and all loss, liability or damage, including attorneys’ fees, that the Released Parties may incur in any suit, demand, legal action or claim of any nature made by the undersigned or any representative of the undersigned, and regardless of whether such injury, death or property damage: (a) was foreseeable, (b) arises during or after Participant’s membership or participation in the Activities of the Club, (c) arises out of the actual or alleged intentional acts, negligence or carelessness on the part of the Released Parties or (d) is a result of the breach of any express or implied warranty.
4. Representations and Warranties of the Undersigned. I/we represent and warrant that:
a) Insurance: Participant currently has, and I/we agree to maintain throughout the time that Participant participates in the Activities, valid and sufficient medical and/or accident insurance. I/we understand that this is my/our sole responsibility and I/we hereby release the Released Parties from providing this coverage for Participant;
b) Physical Capability of Participant: Participant is in good health, is physically able to engage in the Activities, has no special problems with Participant’s care and I/we have left no special instructions regarding Participant that have not been listed on the medical information form at the bottom of this Agreement. Further, I/we have/has consulted a physician regarding Participant’s engagement in the Activities, and Participant’s participation has been approved by such physician;
c) Rules and Regulations; Publicity: I/we will explain to Participant the rules and regulations of the Club, and any other rules or regulations imposed by the organizers of any particular competition or resort area at which Participant may ride, and Participant represents that he/she will accept and abide by all such rules and regulations. Further, I/we consent to and authorize the use and reproduction, for any purpose and without compensation, of all videotape recordings and photographs taken of Participant while engaging in the Activities.
5. Authorization for Medical Treatment. (for minor Participants only) I/we authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I/we agree that upon Participant’s transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for Participant. I/we further consent to and authorize the administration and performance of all treatments and anesthetics that, in the judgment of a licensed physician, may be considered necessary, advisable, or lifesaving. Further, I/we agree to pay all costs associated with such medical care and related transportation provided for Participant and I/we shall indemnify and hold harmless the Released Parties of and from any costs incurred therein.
6. Agreement Required as Condition of Participation. I/we understand and agree that Participant’s participation in the Activities is expressly conditioned upon the agreement by me/us to all of the terms and conditions contained in this Agreement, and that this Agreement shall be kept in the records of the Club and shall remain in full force and effect whenever Participant is engaged in the Activities, and is not limited solely to the 2021 mountain bike season.
7. Effect of Agreement. THE UNDERSIGNED UNDERSTANDS THAT THIS AGREEMENT, AMONG OTHER THINGS, RELEASES THE CLUB AND OTHERS FROM RESPONSIBILITY FOR PARTICIPANT’S INJURIES OR DEATH AND MAKES THE UNDERSIGNED RESPONSIBLE FOR INJURIES TO OR DEATH OF OTHERS CAUSED BY PARTICIPANT.
8. Governing Law; Binding Effect. In exchange for and in consideration of the Released Parties making the area available to Participant for participation in the Activities, I/we CONTRACTUALLY AGREE that ALL claims for injury and/or death shall be GOVERNED BY COLORADO STATE LAW and EXCLUSIVE JURISDICTION shall be in the District Court residing where the alleged incident occurred or in Federal Court for the State of Colorado. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall remain enforceable. The undersigned parent or guardian acknowledges that (a) he/she is also signing this Agreement on behalf of the minor Participant, (b) I/we will indemnify the Released Parties in the event of a suit between said minor and the released parties and (c) the minor Participant shall be bound by all of the terms of this Agreement. This Agreement shall be binding upon my/our heirs, assigns, subgroups, distributors, next of kin, executors and personal representative.
9. Legal Guardian/ Participant Not a Minor. If Participant is under the age of 18, this Agreement is being executed by Participant’s legal guardian, I/we represent that I/we are, in fact, the legal guardian of Participant and no other person has been appointed as guardian of Participant. If Participant is over the age of 18 years old, Participant may execute this Agreement in his or her own capacity.
This Agreement has important legal consequences. Accordingly, I/we have read fully and understand the statements made above and voluntarily sign this Agreement and agree that no oral representations, warranties,
statements or agreements, apart from this Agreement, have been made to me/us. Participant:
Are there any other health problems of which the coaching staff should be aware? If so, please notify the coach prior to the start of camp.
PARTICIPANTS WITH ASTHMA, OR OTHER MAJOR HEALTH PROBLEMS, MUST INCLUDE A DOCTOR'S RELEASE WITH THIS MEDICAL AUTHORIZATION/INFORMATION.
I have read and agree to the terms of the liability waiver *
