Schmittenhöhebahn AG
WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT
I recognize that
- operating one of the vehicles offered for use is dangerous and poses the risk of serious injury;
- riding in a group poses additional risks and dangers; and
- improper use of one of these vehicles can be especially dangerous.
Such risks and dangers may include, but are not limited to, personal injury, physical pain, emotional suffering, trauma, illness, and death, whether as a result of inadequate supervision or training by the personnel;
material flaws, defective design, or faulty construction; contact with other participants or other obstacles
on the course and its surroundings; and weather or ground conditions. By using one of these vehicles, I
acknowledge and accept all of the risks and dangers involved, whether before, during, or after the ride. I am
aware of all of these risks and dangers and hereby declare that I am willing to forego any separate additional
instruction on the matter.
I acknowledge all of these facts, voluntarily assume all risks and dangers, and hereby submit the following
Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
I herewith surrender and waive – also on behalf of my heirs and legal successors, and as far as it is legally
permissible – any and all rights to sue or exercise any legal right to seek damages (in particular for property
damage, bodily injury, or death) from the Schmittenhöhebahn AG or its affiliates, including their respective
directors, officers, agents, and employees, arising from, or related to, my use of one of these vehicles. If the
occasion arises, I agree to pay the costs of my emergency medical care, nursing care, and further health care.
Furthermore, I unconditionally agree – also on behalf of my heirs and legal successors – to indemnify the
Schmittenhöhebahn AG or its affiliates, including their respective legal representatives, directors, officers,
agents, and employees, for any and all damages caused by me, directly or indirectly, in the course of operating one of these vehicles; e.g., repairs, pain and suffering, etc. This includes any and all attorney’s fees and
litigation expenses to the full extent permitted by applicable law. Should I cause property damage to one of
these vehicles, I agree, if requested, to reimburse the Schmittenhöhebahn AG for the cost of repairs to the
vehicle.
Concerning this Waiver of Liability and Assumption of Risk and Indemnity Agreement, the statements herein
shall apply exclusively, meaning that I may not refer to any other written or oral representations or warranties made by third parties in regard to the risks and dangers associated with the use of one of these vehicles.
I hereby declare that I enter the grounds of “E-Cross Terrain” of my own free will and that I can accurately assess the risks and dangers involved with riding one of these vehicles over this terrain. I therefore avow that
- I consent to being contacted by KTM and/or Schmittenhöhebahn for informational and advertising materials;
- I will observe all instructions given by the personnel and in particular the operating instructions and
manufacturer’s information for the vehicle offered for use;
- I will wear appropriate protective gear while riding the vehicle offered for use, which includes at the minimum an approved crash helmet;
- I consent that my name, as well as any and all photographs, films, or other images taken of me by the
Schmittenhöhebahn AG, may be appropriately used and reproduced by the Schmittenhöhebahn AG and
KTM without further consent on my part. I may can withdraw this consent at any time via e-mail under
[email protected] and that thereafter any transfer of my data is impermissible;
- I attest to being in good physical condition and am subject to no physical or psychological constraints that
could limit my operation of one of these vehicles;
- I have been granted the opportunity to inspect both the vehicle offered for use and the grounds of “E-Cross
Terrain” and to ask questions of the operating personnel; and
- I will assure myself before each and every use that the vehicle offered for use is in fully functioning condition, mechanically flawless, and ready to be ridden;
- I have fully completed and comprehended the training.
This Waiver of Liability, Assumption of Risk, and Indemnity Agreement is subject to Austrian law, with the
exception of the rules of international civil law. All legal disputes shall be heard in the competent court in
Zell am See or the regional court in Salzburg, whichever is applicable.
I declare that I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and accept them.
For minors, a parent or legal guardian must fill in the following blanks and sign the document. In so doing,
he or she grants his or her permission for the minor to use the vehicle, submits the foregoing Agreement
on the minor’s behalf, and assumes any possible ensuing legal consequences. While operating one of the
vehicles offered for use, any minor must be monitored by the signatory.
First name, last name: First name, last name and date of birth of the minor:
Home address: Telephone: E-mail address: To be contacted in case of an emergency (name, telephone number):
Place/Date: Signature: