All the legal Stuff

 

 PLEASE CAREFULLY
READ THE FOLLOWING:

RULES OF THE TRAIL

  1. Ride Open Trails – Respect trail and road closures.

  2. Leave No Trace – Be respectful of the trail and the surrounding environment. Pack out at least as much as you pack in.

  3. Control Your Bicycle – Ride within your limits and always stay in control of your bicycle. Know when to get off and walk if the trail becomes too steep and/or technical.

  4. Yield Appropriately – Cyclists going downhill should yield to cyclists going uphill. Cyclists should yield to other non-motorized trail users. Try to anticipate other trail users as you ride around corners. Do your best to warn other trail users with a friendly greeting or bell.

  5. Mind the Animals – Give animals enough room and time to adjust to you. Do not let your pet chase wildlife or stock. Take special care with trail users on horseback or with cattle in pastures.

  6. Plan Ahead – Keep your bicycle and equipment in good mechanical condition and carry the necessary supplies to be prepared for changing weather conditions. Always wear your helmet and other appropriate safety gear and carry a first aid kit.

MOUNTAIN BIKERS RESPONSIBILITY CODE

  1. Check your helmet and safety gear for cracks and damage, and make sure it is properly fitted before each ride.

  2. Carefully inspect your bicycle before each ride for cracks and damaged areas.

  3. Ensure that your brakes are working properly and that you have sufficient brake pads for the entire length of the ride.

  4. Check that your wheels are properly fitted and tightened to your frame and fork.

  5. Your handlebars, grips, stem, seat post, saddle, and headset should be properly tightened with no free-play or ability to spin.

  6. Check that your tires are in good condition with no tears or cuts, and that they are properly inflated.

I have read the above Rules and agree to abide by them.

Participant:

____________________________________________ _____________________________

Signature of Participant Date


ACKNOWLEDGMENT, WAIVER & RELEASE OF LIABILITY AGREEMENT

By signing this document you may be waiving your legal right to a jury trial to hold the Provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the Provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.

Provider: Vigilante Shuttles and Tours LLC and its directors, officers, employees, agents, independent contractors, subcontractors, guides, representatives, successors, assigns, volunteers, sponsors, promoters, and advertisers (all of whom are hereafter collectively referred to as the “Provider”)


Participant: _____________________________________________________________________

clearly print the name of individual contracting with Provider

DEFINITIONS

In this Acknowledgment, Waiver & Release of Liability Agreement (hereinafter referred to as “Agreement”, the following definitions shall apply:

"Inherent risks" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of any sport or recreational activity and that cannot be prevented by the use of reasonable care.

“Montana Recreation Responsibility Act” refers to Sections 27-1-751 through 27-1-754 of the Montana Code Annotated (2017).

“Mountain Biking” and “Mountain Biking trip” shall refer to and include all activities, events, services, or use of facilities provided, arranged, organized or conducted by the releases, including, but not limited to the following: mountain biking, hiking, transfers by motor vehicle, ski lift, use of roads and trails, and other such activities, events and services in any way connected with or related to those activities.

“Participant” is the person whose name is written above.

"Provider" means Vigilante Shuttles and Tours LLC and its members, officers, employees, agents, independent contractors, subcontractors, guides, representatives, successors, assigns, volunteers, sponsors, promoters, and advertisers in promoting, offering, or conducting a mountain biking opportunity (also referred to as “Vigilante”).

ACKNOWLEDGMENT OF LIMITATION ON LIABILITY

I understand and acknowledge that, pursuant to the Montana Recreation Responsibility Act,  by participating in the sport of mountain biking I assume the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and I am legally responsible for all injury or death to myself and for all damage to my property that result from the inherent risks in that sport or recreational opportunity.  I understand and acknowledge that the Provider is not required to eliminate, alter, or control the inherent risks within the sport or recreational activity of mountain biking that is provided by Provider.

I understand and acknowledge that injuries are a common and expected part of mountain biking. Mountain biking with Vigilante takes place on steep and rugged terrain and features that are both technically and physically challenging and will expose the rider/participant to many dangers, hazards and risks.

The inherent risks associated with mountain biking and mountain biking trips include, by way of example and not limitation, the following: conditions, predictable or unpredictable, on U.S. Forest Service lands, BLM federal lands, State lands, leased private lands, and other private lands, streams, rivers, ponds and lakes, trails, paths and roads where mountain biking may take place; the use of chairlifts, gondolas, trams, collisions with other cyclists, pedestrians, vehicles, fixed or moving objects; falls; loss of balance, high speed descents, rapid , or uncontrolled acceleration on hills and inclines, difficulty or inability to control one’s speed and direction, becoming lost or separated from the guides or other participants; equipment failures and malfunctions; failure to negotiate obstacles and hazards, both marked and unmarked, including roots, logs, ruts, holes, potholes, rocks, stones, sand, gravel, mud, water, cliffs, oil and/or other objects on the ground or in the trail, variations or steepness in terrain; slippery terrain; steep terrain, drop-offs on the sides of trails and roads, loose soil and rocks, falling rocks, broken or falling trees, tree limbs, vegetation and branches, poisonous vegetation, poisonous and dangerous wildlife, ticks and other insects; constructed features such as bridges, ramps, ladders, bumps, berms and drops; varying visibility; fatigue; exhaustion; dehydration; heatstroke; hypothermia; high altitude sickness; remoteness from medical treatment; varying weather conditions, encounters with wild or other animals; risks associated with impure water and/or food; criminal activity; stolen, lost, damaged or misplaced luggage or property. transportation associated with Vigilante activities and adventures; changing weather conditions.

I am aware that Vigilante mountain biking trips may take place in regions and countries in where medical facilities, supplies and services may not be easily accessible or adequate and where safety and other standards, facilities, and infrastructure are basic and/or inferior of that of my home country or residence.

Knowing the inherent risks, dangers and rigors involved in the activities and adventures in which I choose to participate with Vigilante, I certify that I am fully capable of participating in the activities and adventures offered.

WAIVER AND RELEASE OF LIABILITY; HOLD HARMLESS

I understand the description of the risks listed above is not complete and that unknown or unanticipated risks may result in property damage, illness, injury, or death.

I acknowledge that (a) mountain biking is an inherently dangerous sport in which I participate at my own risk; (b) the mountain biking trip involves risks and dangers or property damage, illness, serious bodily injury, including permanent disability, paralysis, and death, (c) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of other participants on the trip, ordinary negligence on the part of the Provider, including failure on the part of the Provider to safeguard or protect me or my equipment from the risks of mountain biking or a mountain biking trip.

In consideration of my participation in the Vigilante mountain biking trip and my use of services, equipment and facilities with the Provider, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

  1. I hereby waive any and all claims that I have or may in the future have against the Provider and I release the Provider from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my kin may suffer, as a result of my participation in a Vigilante mountain biking trip and due to any cause, including ordinary negligence on the part of the Provider, including failure to safeguard or protect me from the risks, dangers and hazards of mountain biking as defined herein.

  2. I agree to hold harmless and indemnify the Provider from any and all liability for any property damage, loss or personal injury to any third party, resulting from my participation in the  mountain biking or a mountain biking trip.

SAFETY AND MISCELLANEOUS MATTERS:

Safety. I agree to comply with all Vigilante rules and regulations, including those given verbally and in writing, and to participate in safety meetings and the presentation of any safety material, such as a video on bike and trial safety, which may be designed and offered to promote safety in Vigilante activities and adventures.

Equipment and Apparel.  I acknowledge that I have been advised to wear an approved helmet while mountain biking. I agree and acknowledge that it is my responsibility to ensure that my equipment is in good and safe working order. I agree to follow all other written and verbal trip safety rules presented to me by Vigilante.

Control of Trips. I acknowledge that Vigilante reserves the right to make route and trip modifications as necessary or advisable to improve the trip quality and/or accommodate the comfort and well-being/safety of participants.

Right to Deny Participation.  Vigilante reserves the right to decline accepting or retaining any trip participant whose health or actions in Vigilante activities in its sole judgement impedes the operation of a trip or the welfare or enjoyment of fellow participants.

Physical Condition.  I understand the nature of the mountain biking trip and represent that I am qualified to participate in such activity. I further acknowledge and accept that it is my responsibility to consult with my own personal physician about my physical health, fitness, and ability to participate in the mountain biking trip and will do so before participating in the trip.

Insurance.  I acknowledge and I have been advised to obtain medical, travel and trip cancellation insurance.

Use of Images.  I hereby unconditionally and irrevocably consent, authorize and grant Vigilante the all necessary authority, right, license and permission to use photographs, audio and/or video recordings, or other forms of recordings that capture my image, likeness and/or voice (or all of these) which are associated with my trip, (collectively hereinafter referred to as “images”), in which I may be included in whole or in part, in any manner or media, including print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other technologies now known or hereafter developed. The images may be used or exploited for any commercial or non-commercial purpose whatsoever, and may be altered, modified, changed, combined or incorporated into other works. I hereby relinquish any rights that I may have in the Images; (including privacy, personality and publicity rights). No fees or other compensation whatsoever will be provided to me for or in connection with use of the Images. I hereby release Vigilante their respective licensees, assigns, representatives and agents from any and all claims which I may now or in the future have relating to the ownership, reproductions, display, distribution or other use of the Images.

Binding Effect.  This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, even in the of my death or incapacity.

Governing Law; Venue & Jurisdiction.  This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Helena Montana in Lewis and Clark County and no other jurisdiction.  Any litigation involving parties to this Agreement shall be brought solely within Lewis and Clark County and shall be within the exclusive jurisdiction of the appropriate Montana court.

Entire Agreement.  In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the releases about the mountain biking trip other than that what is set forth in this Agreement.

Enforceability.  I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

Headings.  The headings used in this Agreement have been inserted for convenience of reference only and do not define or limit this grant.

I certify that I have read this Agreement and hereby agree to all the terms, conditions, and promises contained herein.

Participant:


____________________________________________ _____________________________

Signature of Participant Date



USFS Legal Document

Vigilante Shuttles and Tours proudly operates on public lands as permitted by Helena National Forest, Helena Ranger District.

This institution is an equal opportunity provider. In accordance with Federal law and U.S. Department og agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs). To file a complaint of discrimination: write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington D.C. 20250-9410  or call (202) 720-5964 (voice and TDD). Usda is an equal opportunity provider and employer.