MOUNTAIN BIKING RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

In consideration of the permission to use the roads, trails, and facilities at Horn's Hill Park, I agree, for myself and/or my child, to the following:

1. I agree, for myself and/or my child, to RELEASE AND NOT TO SUE, forever indemnify, defend, and hold harmless Horn's Hill Park, COMBO, and The City Of Newark, instructors, officers, directors, volunteers, employees, affiliates, agents and assigns, (collectively as “RELEASEES”) from liability for any and all loss or damage to myself or my child or our property arising out of my use of the roads, trails, bike shuttle, and facilities at Horn's Hill Park, including claims resulting from the RELEASEES’ NEGLIGENCE or any other cause. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury, and death in connection with my or my child’s use of the RELEASEES’ facilities and participation in mountain biking. I further agree to indemnify, defend, and hold harmless the RELEASEES from any and all loss or damage that I or my child may cause to other persons or property while using the facilities and participating in the activity of mountain biking. This includes but is not limited to any and all claims for personal injury, death, and/or property damage that may arise from the use of the roads, trails, and facilities.

2. WARNING AND ACCEPTANCE OF RISKS - Whether recreational or competitive, mountain biking presents many unique challenges heightened by the rough, ever-changing riding surface. It is an inherently dangerous activity with risks too numerous to list, which includes but are not limited to the steep, slippery, uneven condition of roads and trails which contain rocks, trees, ledges, soft sand, mud, slippery grass, water bars and other bumps, ruts, stumps, brush (all of which can be hidden or obscured by vegetation), collisions with other bikers, pedestrians and mountain vehicles or other man-made objects on the hill, including towers, racing gates, and finish line equipment; and the failure of bike components. Falls are a common occurrence of the activity. Always proceed cautiously and walk your bike whenever conditions warrant. Mountain biking equipment must be in excellent working condition, but even a recently tuned bike can develop problems on the trail. WHEN IN DOUBT, WALK!

3. COVID-19RISKS- I understand that naturally occurring disease processes(including, but not limited to, COVID-19)may exist at Horn's Hill Park, and I voluntarily assume that risk. It is my responsibility to take appropriate actions to safeguard myself and my children and to stay home if we have any symptoms of illness.

4. I certify that I and/or my child are physically fit and have no medical conditions that affect our ability to participate in mountain biking, including no symptoms of illness. I fully understand that RELEASEES are not responsible for my or my child’s medical bills, and they must be submitted through my personal health insurance plan.

5. I recognize that I and/or my child must abide by the rules of mountain biking; I and/or my child agree to continuously inspect the area while riding, obey the instructions provided, and obey all posted notices, signs, and warnings. If my child or I feel unsafe, we will immediately advise the RELEASEES and leave the area.

6. This Agreement is intended to comply with the laws of the State of Ohio to the extent allowed by law. If any part of this Agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree and understand that any claim or lawsuit against the RELEASEES may only be brought in the Superior Court of Licking County, where the resort is located.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT MY SIGNATURE BELOW EXPRESSLY WAIVES ANY RIGHTS I HAVE TO BRING A CLAIM AGAINST OR SUE THE RELEASEES FOR INJURIES OR DAMAGES. I FURTHER UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT IS BINDING UPON ME, MY HEIRS, AND LEGAL REPRESENTATIVES.

Participants Under 18 Years of Age: As parent/guardian signing this agreement for the above-named minor, I acknowledge and agree that I have read the above Release of Liability and that by signing this Release on behalf of the minor, I and the minor agree to be bound by its terms. I hereby agree to release from liability, not sue, forever discharge, indemnify and hold harmless RELEASEES for any claim or suit arising out of said minor’s participation in mountain biking and use of the facilities at Horn's Hill Park.