V41 User Agreement, Liability Waiver, and Code of Conduct

1. Scope of Agreement

This User Agreement, Waiver, and Release of Liability (the "Agreement") is entered into by and between the participant (referred to as "User," "Rider," or "I") and V41, along with its officers, directors, representatives, agents, employees, volunteers, sponsors, and, most critically, the owners and lessors of the land on which any V41 activity takes place (collectively referred to as the "Releasees").

This Agreement governs the User's creation of an account, participation in any V41 race, practice, event, or activity (collectively, the "Activity"), and use of any related V41 facilities or services.

2. Acknowledgement and Assumption of Risk

I understand and acknowledge that mountain biking, particularly racing and riding on natural, unprepared, and rugged terrain, is an inherently DANGEROUS ACTIVITY that may result in serious injury, permanent disability, death, and property damage.

A. Inherent Risks:

The risks associated with the Activity include, but are not limited to:

• Falls, collisions, and crashes with natural objects (trees, rocks, dirt, water, roots, cliffs) or man-made objects.
• Injuries from cycling equipment, including mechanical failure, brake failure, or tire blowouts.
• Variable and unpredictable terrain and course conditions, including hidden obstacles, steep descents, jumps, and poor visibility.
• Risks related to weather, extreme temperature, and physical exertion, including hypothermia, hyperthermia, dehydration, and cardiac events.
• Actions or inactions of other participants, volunteers, spectators, and Releasees.
• The unavailability of immediate or adequate medical care or rescue services.

B. Assumption of Risk:

I hereby FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS associated with my participation in the Activity, even those risks arising from the NEGLIGENCE of the Releasees. I confirm that my participation is voluntary and that I have the necessary skills, training, and physical condition to participate safely.

3. Waiver and Release of Liability

In consideration of being permitted to create an account and participate in the Activity without charge, I hereby agree as follows:

A. WAIVER & RELEASE:

I WAIVE AND RELEASE any and all claims, demands, and causes of action whatsoever that I have or may in the future have against the Releasees from any and all liability for any loss, damage, expense, or injury, including death, that I may suffer or that my next of kin may suffer, resulting from or arising out of my participation in the Activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF STATUTORY DUTY OF CARE.

B. LANDOWNER PROTECTION:

I specifically understand that this release extends to and covers the specific, private, or public landowners and lessees of the land used for the Activity, providing them the maximum legal protection against any claim brought by me or on my behalf.

4. Indemnification and Hold Harmless

I agree to INDEMNIFY AND HOLD HARMLESS the Releasees (including V41, its volunteers, and the Landowners) from any and all liability, loss, damage, claims, costs, or expenses, including legal fees, which may be incurred by the Releasees as a result of:

1. Any claim made against them by any third party (including another participant or a government agency) resulting from my actions or inactions during the Activity.
2. Any damage I cause to any private or public property, including but not limited to the land, structures, or trails.
3. Any breach of this Agreement by me.

5. Medical Consent and Responsibility

I consent to the Releasees obtaining medical treatment for me in the event of injury, accident, or illness during the Activity, with the understanding that I am solely responsible for all costs of rescue, medical transport, and medical treatment. V41 does not provide insurance coverage for injuries that occur at any event. I affirm that I possess adequate health and accident insurance to cover any such expenses.

6. Rules of Conduct and Equipment

I agree to abide by the following rules at all times while participating in any V41 Activity or utilizing associated property:

• I will follow all instructions, directions, and rules of V41 officials and volunteers.
• I will ride only within designated areas and will NEVER trespass onto private property not explicitly approved for the Activity.
• I will not consume alcohol or use illegal drugs before or during the Activity.
• I certify that my bicycle and all safety equipment (e.g., helmet, padding) are in safe, working, and mechanically sound condition.
• I agree to treat all land, facilities, and the environment with respect and will not litter or damage property.

7. Data Use and Third-Party Services (Strava)

A. Consent to Data Use:

By linking my Strava account, I expressly consent to V41 accessing, collecting, and storing my performance and GPS data (including, but not limited to, segment completion times, routes, speed, and elevation) for the purpose of race verification, ranking, and display on V41 leaderboards and public communications.

B. Third-Party Disclaimer:

I acknowledge that Strava is an independent third-party service not controlled by V41. I agree that V41 is not responsible for the functionality, data accuracy, uptime, or privacy policies of Strava, and V41 shall not be liable for any issues arising from the use or unavailability of the Strava service. I agree to abide by Strava's separate terms of service.

8. General Provisions

A. Governing Law:

This Agreement shall be governed by the laws of California.

B. Severability:

If any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

C. Binding Effect:

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

9. Parent or Legal Guardian Consent (For Participants Under 18)

This section must be accepted by the Participant's Parent or Legal Guardian, verified by their electronic signature.

If the User/Rider is under 18 years of age, the Parent or Legal Guardian who provides their electronic signature and agrees to these terms on behalf of the minor confirms the following:

1. Legal Authority: I am the Parent or Legal Guardian of the minor participant and possess the full legal authority to enter into this Agreement on their behalf.
2. Acceptance: I have read, understood, and agreed to the terms of this entire document, including Sections 2, 3, and 4 (Assumption of Risk, Waiver of Liability, and Indemnification).
3. Indemnification: I knowingly and voluntarily ASSUME ALL RISKS and dangers on behalf of the minor, and I RELEASE AND INDEMNIFY the Releasees (including landowners) from all liability and claims arising from the minor's participation in the Activity, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASEES.

10. Acceptance and Electronic Signature