For and in consideration of BlueWolf Events, LLC., a Colorado
LLC, (“BWE”) allowing
me, the undersigned, to participate in the 12 Hours of Papago event described
above (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children,
guardians, heirs and next of kin, and any legal and personal representatives,
executors, administrators, successors and assigns, hereby agree to and make the
following contractual representations pursuant to this Waiver and Release of
Liability, Assumption of Risk and Indemnity Agreement (the Agreement”);
1. I hereby represent that (i) I am at least eighteen (18)
years of age or older; (ii) I am in good health and in proper physical
condition to participate in the Event; and (iii) I am not under the influence
of alcohol or any illicit or prescription drugs which would in any way impair my
ability to safely participate in the Event. I agree that it is my sole
responsibility to determine whether I am sufficiently fit and healthy enough to
participate in the Event, that I am responsible for my own safety and
well-being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in cycling
Events is inherently dangerous and represents an extreme test of a person’s
physical and mental limits. I understand and acknowledge the risks and dangers
associated with participation in the Event and sport of cycling and related
activities, including without limitation, the potential for serious bodily
injury, sickness and disease, permanent disability, paralysis and loss of life;
loss of or damage to equipment/property; exposure to extreme conditions and
circumstances; contact with other participants, spectators, animals or other
natural or manmade objects; dangers arising from adverse weather conditions;
imperfect course or track conditions; land, water and surface hazards;
equipment failure; inadequate safety measures; participants of varying skill
levels; situations beyond the immediate control of the Event Organizers; and
other undefined, not readily foreseeable and presently unknown risks
and dangers (“Risks”). I understand that these Risks may be caused in whole or in
part by my own actions or inactions, the actions or inactions of others
participating in the Event, or the negligent acts or omissions of the Released
Parties defined below, and I hereby expressly assume all such Risks and
responsibility for any damages, liabilities, losses or expenses which I incur
as a result of my participation in any Event.
3. I agree to be familiar with and to abide by the Rules and
Regulations established for the Event, including but not limited to the
Competitive Rules adopted by USA Cycling and any safety regulations established
for the benefit of all participants. I accept sole responsibility for my own
conduct and actions while participating in the Event, and the condition and
adequacy of my equipment.
4.
I hereby Release, Waive and Covenant Not to Sue, and further agree to
Indemnify, Defend and Hold Harmless the following parties: 12 Hours of Papago,
City of Tempe and its Director’s, members, SRP, Inc., its members, and
divisions;; the Event Directors, Organizers and Promoters, Sponsors,
Advertisers, Coaches and Officials; the Host Organization and the Facility,
Venue and Property Owners or Operators upon which the Event takes place; Law
Enforcement Agencies and other Public Entities including Maricopa County,
its Board, officials, employees, and agents providing support
for the Event; and each of their respective parent, subsidiary and affiliated
companies, officers, directors, partners, shareholders, members, agents,
employees and volunteers (Individually and Collectively, the “Released Parties” or “Event
Organizers”),
with respect to any liability, claim(s), asserted by anyone, arising out of any
injury I suffer, demand(s), cause(s) of action, damage(s), loss or expense
(including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out
of, result from, or relate in any way to my participation in the Event,
including claims for Liability caused in whole or in part by the negligent acts
or omissions of the Released Parties. I further agree that if, despite this
Agreement, I, or anyone on my behalf, makes a claim for Liability against any
of the Released Parties, I will indemnify, defend and hold harmless each of the
Released Parties from any such Liabilities which any may be incurred as the
result of such claim. Further, I expressly
agree that this release and waiver is intended to be as broad and inclusive as
permitted by the State of Arizona, and that if any portion is held invalid, it
is agreed that the balance shall, notwithstanding, continue in full legal force
and effect.
I hereby warrant that I am of legal age and competent to enter
into this Agreement, that I have read this Agreement carefully, understand its
terms and conditions, acknowledge that I will be giving up substantial legal
rights by signing it (including the rights of my spouse, children, guardians,
heirs and next of kin, and any legal and personal representatives, executors,
administrators, successors and assigns), acknowledge that I have signed this
Agreement without any inducement, assurance or guarantee, and intend for my
signature to serve as confirmation of my complete and unconditional acceptance
of the terms, conditions and provisions of this Agreement. This Agreement
represents the complete understanding between the parties regarding these
issues and no oral representations, statements or inducements have been made
apart from this Agreement. If any provision of this Agreement is held to be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
Print Name: _______________________________________ Age: ______ Date of Birth: ________/________/_________