LIABILITY WAIVER AND RELEASE AGREEMENT With IDEMNIFICATION for MINORS

LIABILITY WAIVER AND RELEASE AGREEMENT With INDEMNIFICATION for MINORS

In consideration of the services of Ozark Spokes & Floats, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "OSF"), I knowingly and intentionally waive, release, indemnify, hold harmless and discharge OSF on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I, the undersigned, am aware that I am participating in a dangerous activity that can cause bodily injury, death, or property damage, and I am undertaking this activity at my own risk. I am aware that transportation services provided by OSF may suffer delays or cancellations due to weather, road conditions, and equipment failure. I acknowledge that there may be other risks inherent in these activities of which I may not be presently aware.

By signing this form, I expressly assume all risks of using OSF services, and I hereby release OSF, its agents, representatives, and affiliates from any and all claims, whether foreseen or unforeseen, arising directly or indirectly that I may have against them for injury, death, property damage, or other incidents related to (i) my participation in this activity, (ii) negligence or other acts however caused, or (iii) the condition of the premises where these activities occur.

I commit to adhering to all rules and safety instructions while on the shuttle bus. I agree that I am fully responsible for my acts and their consequences before, during, and after the use of Ozark Spokes & Floats services. I expressly agree and promise to accept and assume all of the risks existing in this activity I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless OSF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of OSF' equipment or facilities, including any such claims which allege negligent acts or omissions of OSF.

Should OSF or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. In the event that I file a lawsuit against OSF, I agree to do so solely in the state of Arkansas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

Disclaimer
In case of cancellations due to incapacity of OSF driver or OSF equipment, OSF will attempt to reschedule the event with the renter or, if not possible, will issue a refund of the deposit or prepayment already received.

OSF is not liable if the shuttle van experiences delays due to traffic, road conditions, weather, or passenger behavior, and no refund will be issued.

In case of delays caused by OSF material failure, OSF will rectify the situation at its discretion depending on the situation.
OSF is not responsible for personal items left in the van or in passenger’s car. Passengers are encouraged to keep their items secured at all times. Bicycles/watercraft equipment is the passenger’s responsibility and personal vehicles are parked at the passenger’s own risk.

OSF reserves the right to refuse service to or remove any passenger who represents a distraction or threat to the safety the group or the material, with no refund.

OSF shuttle service only comprises van transportation from designated pick-up to drop-off points, and OSF is not responsible for passengers after drop-off. It is advised that mountain biking is an inherently dangerous activity, and passengers are strongly encouraged to become familiar with the different riding trails and only undertake activities that are within their range of ability, while wearing appropriate protective gear.

Each passenger must sign this liability waiver prior to the start of service.  I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

(Must be completed for participants under the age of 18)

In consideration of ("Minor") being permitted by Ozark Spokes & Floats, LLC,(“OSF”) to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless OSF from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

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