CMX Motorcycle Coaching user agreement, release of liability and assumption of risk

For Minor Participants: If you are submitting this form for your minor child but you – the legal guardian – will not be present for the first visit/activity but rather have your child accompanied by another authorized adult, it will be required to bring a copy or photo of the legal guardian’s ID upon their first visit/activity with CMX Motorcycle Coaching.

This user agreement, release of liability and assumption of risk must be completed for each adult and minor who will be attending any activity with CMX Motorcycle Coaching and is valid for 12 months.

You have the right to refuse to complete/sign/agree this form and CMX Motorcycle Coaching their agents, owners, officers, volunteers, participants, employees, and all the persons or entities acting in any capacity on their behalf (here in after collectively referred to as “CMX MC”) have the right to refuse to let your child participate if you do not complete/sign/agree this form.

Note Regarding Emergency Contacts: Ideally, please use someone who is NOT attending the activity with you during the day (or who will NOT be with you regularly).

THIS IS A LEGALLY BINDING AGREEMENT. Read it carefully before accepting it, and consult with an attorney if you are uncertain about its items. Alterations are not permitted. This CMX Motorcycle Coaching user agreement, release of liability and assumption of risk must be read, completed and accept it by all participants of 14 years of age and older. If the user is a minor (under 18), it must be signed also by the child’s natural guardian (defined by pertinent Florida law as the child’s mother or father, by birth or adoption, or, if the parents are divorced, the parent to whom custody is awarded). The natural guardian signs/agrees for himself or herself and on behalf of the child. Minors presenting this form bearing the signature of a natural guardian may be required to prove the authenticity of the signature/agreement. A minor who signs/agrees this CMX Motorcycle Coaching user agreement, release of liability and assumption of risk does so to reflect his or her understanding of the activities/places and their risks.

SPECIAL NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN read this form completely and carefully. Your are agreeing to let your minor child engage in a potentially and dangerous activities. You are agreeing that even if CMX Motorcycle Coaching their agents, owners, officers, volunteers, participants, employees, and all the persons or entities acting in any capacity on their behalf (here in after collectively referred to as “CMX MC”) uses reasonable care in providing these activities, there is a chance your child may be seriously injured or killed by participating in this activities because there are certain dangers inherent in the activities which cannot be avoided or eliminated. By signing/agreeing the CMX Motorcycle Coaching user agreement, release of liability and assumption of risk you are giving up your child’s right and your right to recover from CMX MC in a lawsuit for any personal injury, including death, to your child or any property damage that results from the risks that are natural part of the activities. You have the right to refuse to complete/sign/agree this form and CMX MC have the right to refuse to let your child participate if you do not complete/sign/agree this form.

In consideration of the services of CMX Motorcycle Coaching, their agents, owners, officers, volunteers, participants, employees, and all the persons or entities acting in any capacity on their behalf (here in after collectively referred to as “CMX MC”), I hereby agree to release, indemnify, and discharge CMX MC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and state as follows:

1. I acknowledge that my participation in motorcycle riding, motorcycle parks, motorcycle tracks, motorcycle coaching and physical training programs, use of weight lifting equipment, engaging in heavy body calisthenics activities and places entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities.
2. The risks of the activities and places mentioned in point 1 include, among other things: use of weight lifting equipment, and engaging in heavy body calisthenics; accidents involving other vehicles, collision with fixed or movable objects; slips and falls; the possibility of rough terrain; drivers may be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers, equipment, or other objects; the condition of the tracks; injuries can be sustained from the trail, equipment of from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; musculoskeletal injuries including head, neck, and back injuries; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; further, passengers can be thrown off their machine which can result in any of the above events occurring; collisions, and flipping over, accidents or illness can occur in remote places without medical facilities, my own physical condition, and the physical exertion associated with these activities. Furthermore, CMX MC employees have difficult jobs to perform. They seek safety, but are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
3. I expressly agree and promise to accept and assume all the risks existing in this activities, My participation is purely voluntary, and I elect to participate in spite of the risks.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CMX MC’s equipment or facilities, including any such claims which acts or omissions of CMX MC.
5. Should CMX MC 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.
6. I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health history form). I state that I have had a recent physical check up and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.
7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
8. I expressly agree to notify CMX MC immediately of any incident, accident, or injury that occurs or which I witness while participating in CMX MC’s activities. I agree that by failing to immediately report and incident, accident, or injury to CMX MC I am waiving my right to later assert a claim against CMX MC.
9. I understand that photographs and video recordings which include me or the child I represent may be taken during the CMX MC activities. I agree that CMX MC may use my or my child’s likeness in any and all of its publications and advertisements without payment or any other consideration.
10. In the event that I file a lawsuit against CMX MC, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in the 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 un full force and effect.