THE DIRT THERAPY PROJECT, INC. ACKNOWLEDGMENT OF RISK, WAIVER, AND RELEASE OF LIABILITY 

In consideration of my (“Customer”) use of mountain bikes, safety equipment, and any facilities (“Equipment and Facilities”) owned, operated, controlled, rented, or leased by THE DIRT THERAPY PROJECT, INC. (“Company”), hereby signs the following Acknowledgment of Risk, Waiver, & Release of Liability (“Agreement”). Customer represents that he or she is the undersigned or has the authority to execute this Agreement on behalf of the undersigned. 

I. ACKNOWLEDGMENT OF RISK 

Riding and operating mountain bikes and engaging in cycling or other recreational activity carries an inherent degree of risk. Despite careful and proper preparation, instruction and training, medical advice, and physical conditioning, inherent risks of serious personal injury and/or property damage still exist. All hazards and dangers cannot be foreseen. The degree of risk involved in the use of the Company’s Equipment and Facilities and participation in mountain biking, cycling, or other recreational activities offered by the Company varies depending upon a person’s physical condition, age, and/or skill level. For some, this risk can be substantial. 

Customer hereby acknowledges, and expressly assumes the risk of using the Company’s Equipment and Facilities. Customer acknowledges that the use of the Company’s Equipment and Facilities bears known risks, and unanticipated risks that could result in injury, illness, death, disease, emotional distress, loss of consortium, damage to person and/or property, including damage to him/herself and third persons. These risks include, but are not limited to the following: falls, spills, burns, road rash, broken bones, head injury, and death. 

By executing this Agreement, Customer hereby certifies that he/she is physically fit to use, and is capable of using, the Company’s Equipment and Facilities and to engage in mountain biking, cycling, or other recreational activities offered by the Company. Customer further certifies that any other Adult(s), Child(ren), or Ward(s) who accompany him/her in the use of the Company’s Equipment and Facilities are physically fit to use, and capable of using, the Company’s Equipment and Facilities and to engage in mountain biking, cycling, or other recreational activities offered by the Company. Customer further acknowledges that he/she, along with any other Adult(s), Child(ren), or Ward(s) who accompany him/her in the use of the Company’s Equipment and Facilities have been strongly urged to undergo a complete physical examination by a medical doctor and to receive a certification of fitness to participate in mountain biking, cycling, or other recreational activities offered by the Company prior to use of the Company’s Equipment and Facilities. Customer further agrees to comply with all rules imposed by the Company regarding the use of the Company’s Equipment and Facilities and agree that any other Adult(s), Child(ren), or Ward(s) who accompany him/her in the use of the Company’s Equipment and Facilities will comply with all rules imposed by the Company regarding the use of the Company’s Equipment and Facilities. Customer agrees to conduct him/herself in a controlled and reasonable manner at all times and to refrain from using the Company’s Equipment and Facilities in a manner inconsistent with their intended design and purpose. Customer further agrees that any Children or Ward(s) who accompany him/her in the use of the Company’s Equipment and Facilities will conduct him/her/themselves in a controlled and reasonable manner at all times and will refrain from using the Company’s Equipment and Facilities in a manner inconsistent with their intended design and purpose. 

By executing the Agreement, Customer expressly recognizes and acknowledges the risks described above and, on behalf of him/herself and any other Adult(s), Child(ren), or Ward(s) who accompany him/her in the use of the Company’s Equipment and Facilities, Customer voluntarily assumes the full risk of any and all injuries, death, damages, or loss, regardless of severity, that he/she or any Adult(s), Child(ren), or Ward(s) who accompany him/her in the use of the Company’s Equipment and Facilities may sustain as a result of participation in any mountain biking, cycling, or other recreational activities offered by the Company. 

CUSTOMER certifies that Customer has health, accident, and liability insurance to cover any bodily injury or property damage that Customer may cause or suffer while renting or using the Company’s Equipment and Facilities or that Customer agrees to bear the costs of such injury or damage. 

II. WAIVER & RELEASE 

AS A MATERIAL INDUCEMENT FOR THE COMPANY TO PERMIT CUSTOMER TO USE THE COMPANY’S EQUIPMENT AND FACILITIES, CUSTOMER HEREBY WAIVES, RELEASE, INDEMNIFIES, HOLDS HARMLESS, AND FOREVER DISCHARGES THE COMPANY, ITS EMPLOYEES, CONTRACTORS, VOLUNTEERS, AGENTS, SERVANTS, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS AND THEIR RESPECTIVE HEIRS, REPRESENTATIVES, LEGAL COUNSEL, LICENSEES, AND ALL PERSONS, FIRMS, OR CORPORATIONS RELATED THERETO FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, CONTRACTS, EXPENSES, CAUSES OF ACTION, LAWSUITS, DAMAGES, AND LIABILITIES, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR EQUITY, WHICH CUSTOMER, HIS/HER CHILD(REN) OR WARD(S) HAVE OR MAY HEREAFTER HAVE, ARISING FROM OR IN ANY WAY RELATING TO HIS/HER CHILD(REN)’S, OR HIS/HER WARD(S)’ USE OF THE COMPANY’S EQUIPMENT AND FACILITIES OR PARTICIPATION IN ANY MOUNTAIN BIKING, CYCLING, OR OTHER RECREATIONAL ACTIVITIES OFFERED BY THE COMPANY. THIS INCLUDES LIABILITY FOR INJURIES CAUSED BY THE NEGLIGENCE OF OTHER PARTICIPANTS USING THE COMPANY’S EQUIPMENT AND FACILITIES OR BY THE NEGLIGENCE OR INTENTIONAL ACTIONS OF THE COMPANY, ITS EMPLOYEES, CONTRACTORS, VOLUNTEERS, AGENTS, SERVANTS, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS. 

Customer hereby voluntarily releases and forever discharges the Company from any and all liability, claims, demands, actions or rights of action which relate to, arise out of, or are in any way connected with Customer’s use of the Company’s Equipment and Facilities, including any such claims which allege negligent acts or omissions attributable to the Company. 

It is further understood, specifically agreed, and expressly stipulated, that Customer will indemnify, hold forever harmless and defend the Company, or its employees, agents, services, and assigns against any loss from any and all further claims, counterclaims, crossclaims, third-party claims, demands, and actions, in law or in equity, that may be brought by anyone, including the Customer, providers of medical services, psychiatric services, and/or providers of legal services resulting from or to result from mountain biking, cycling, or other recreational activities offered by the Company; including, but not limited to, claims for wrongful death, personal injuries, medical expenses, hospital expenses, counseling fees, drug expenses, surgical and doctor fees and/or nursing fees, pain and suffering, ambulance expenses, burial expenses, emotional distress, mental anguish, loss of income and/or wage earning capacity, lost profits, loss of inheritance, attorneys’ fees, exemplary damages, prejudgment and post-judgment interest, loss of consortium, including loss of affection, solace, comfort, companionship, society, assistance, sexual relations, emotional support, love and felicity, loss of parental consortium, as well as damage for other known injuries and all other damages, whether known or unknown, whether in an individual capacity or in a representative capacity which could have resulted in the institution of a claim against the Company. 

It is the further specific intent of this indemnification clause for Customer to indemnify the Company for any loss, damage, or injury suffered by any invitee of Customer, including any other Adult(s), Child(ren), or Ward(s), family members, minors and any other person. 

It is the specific and express intent and the Agreement of the Parties that in the event one Party should cause, either directly or indirectly, damage, loss, destruction, liability, or claims against the other Party as a result of intentional conduct, negligence or otherwise, the offending Party shall hold harmless and indemnify the other Party from any and all obligations, liabilities, causes of action, lawsuits, damages, and assessments, including legal fees, etc., that result from the offending Party’s intentional actions or negligence. 

This indemnification clause shall survive this Agreement and be enforceable as a separate agreement in the event the same becomes necessary. 

III. FULL UNDERSTANDING AND AGREEMENT 

This Agreement expresses the complete understanding of the Parties and contains the full and complete agreement between the Parties; its terms are contractual and not merely a recital; and the Agreement supersedes any and all prior written and oral agreements or representations between the Parties. Any changes to the Agreement are valid only if set forth in writing and signed by all Parties. The Agreement is binding upon the undersigned Customer and his/her respective spouse, heirs, next of kin, executors, administrators, representatives, successors, and assigns. The Agreement was executed in, and shall be subject to the laws of, the State of Texas. 

By signing below, Customer acknowledges that he/she has read, understands, and fully agrees to the provisions of this Agreement. Customer acknowledges that he/she has signed the Agreement voluntarily, without duress or threat of duress. Customer is eighteen (18) years of age or older and mentally competent to enter into this Agreement. NOTE: A separate Agreement must be completed for each Adult, Child, or Ward who uses the Company’s Equipment and Facilities or accompanies Customer in mountain biking, cycling, or other recreational activities offered by the Company.