June 10, 2020

Welcome to TerraQuest. In exchange for our services, including your participation in Challenges, we need you to understand and agree to our Acknowledgment and Assumption of Risks and Release and Indemnity Agreement (the “Agreement”). Please read carefully. By pressing 'Accept' to accept the Agreement, you agree to terms that affect your legal rights.

You acknowledge that TerraQuest is a navigational aid only. It uses the location services of your mobile device. Errors in location data occur for many reasons, including atmospheric conditions, local topography, and other ground conditions, inaccurate maps, software and hardware malfunctions, and user error.

You promise to exercise care and caution to assess the ground conditions for yourself, including trail conditions, actual trail location, weather, vehicles, wildlife, other trail users, and other hazards. TerraQuest gives you directions, but it can’t look around for you. Trails and conditions change, pay attention!

You understand that you are not racing on a closed course. You will encounter other trail users who may be traveling in the opposite direction, stationary, and not paying attention. You promise to use the utmost caution concerning other users and to respect and be courteous to these other users. You further promise to hold harmless and indemnify TerraQuest and its Partner organizations

that add route navigation, challenges, or other activities to TerraQuest for any injuries you may cause to third-parties.

You expressly agree that TerraQuest does not assume responsibility for the preparation, supervision, inspection, or conduct of any virtual race, challenge, or activity that utilizes TerraQuest’s services, including those offered by our Partner Organizations. You acknowledge and agree that your participation in any activity involving TerraQuest is entirely voluntary. You understand that these activities (biking, hiking, running, horseback riding, or other means of traveling on trails) are inherently dangerous and have inherent and other risks that are too numerous to list here. You voluntarily assume these risks and have taken reasonable steps to inform yourself of the risks and ways to mitigate them. You understand that TerraQuest cannot mitigate these risks for you.

You promise that you have the necessary skill and fitness to do whatever activity you are planning on using TerraQuest for, and you have taken, or will take, a moment to ensure that you choose a trail that matches your experience level. TerraQuest hosts trails that range from beginner to professional level difficulty. There is something for everyone to enjoy, so please enjoy responsibly. If you aren’t sure what is right for you, ask someone with more experience!

You understand that TerraQuest cannot and will not summon aid or emergency services for you in the case of an emergency. TerraQuest is not an emergency beacon or a similar service. TerraQuest cannot send your location to authorities or emergency personnel. In the event of an emergency, call 911 or contact emergency services. You understand that trails or challenges provided through TerraQuest may take you to areas with poor or no cell phone service. Consider riding with another person and always tell someone where you are going and when you expect to return.

You agree to abide by TerraQuest’s Terms of Service. You agree that Colorado law (without regard to its conflict of laws rules) governs this Agreement. You agree that if any portion of this Agreement is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect.

You agree to release TerraQuest, its partner organizations, subsidiaries, affiliates, officers, agents, representatives, employees, and licensors (the “Released Parties”) from all liability connected with your activities and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your athletic and navigation activities. You agree to defend and indemnify TerraQuest against any third party with respect to any claims or liabilities (including attorneys’ fees and costs) for any injury, damage, death, property damage, or other loss in any way connected to your use of TerraQuest.