In consideration of the acceptance of my application for entry in
the event to me by one or more Releasees, I hereby freely agree to and make the following contractual representations and agreements.
I acknowledge that by signing this document, I am assuming risks,
and agreeing to indemnify, not to sue and release from liability the organizer of this event, 12 Hours of Penitence, and their respective agents, insurers, employees, volunteers, members, clubs, officials, sponsors, event directors, local associations, campground
owners, and affiliates (collectively "Releasees") and that I am giving up substantial legal rights. This release is a contract with legal and binding consequences and it applies to all races and activities entered at the event, regardless whether or not listed
above. I have read it carefully before signing and I understand what it means and what I am agreeing to by signing.
I acknowledge that cycling is inherently dangerous and fully realize
the dangers of participating in this event, whether as a rider, official, coach, mechanic, spectator, volunteer, or otherwise, and fully assume the risks associated with such participating including, by way of example and not limitation: dangers associated
with man-made and natural jumps, the dangers of collisions with pedestrians, vehicles, other riders and fixed or moving objects; the dangers arising from surface hazards, including pot holes, equipment failure, inadequate safety equipment, use of equipment
or materials provided by the event organizer and others, the Releasees own negligence, the negligence of others and weather conditions; and the possibility of serious physical and/or mental trauma or injury or death associated with the event. For myself, my
heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, Successors) I hereby waive, release, discharge, hold harmless and promise to indemnify and not to sue the Releasees and all sponsors, organizers and
promoting organizations, property owners, law enforcement agencies, public entities, special districts, and properties that are in any manner associated or connected with this event, and their respective agents, officials, and employees through or by which
the event will be held, the foregoing are also collectively deemed to be Releasees, from any and all rights claims including claims arising from the releasees' own negligence to the maximum extent permitted by law, which I have or which may hereafter accrue
to me and from any and all damages which may be sustained by me directly o indirectly in connections with, or arising out of, my participation in or association with the event, or travel to or return from the event. I agree it is my sole responsibility to
be familiar with the event course and agenda, the Releasees rules and any special regulations for the event and agree to comply with all such rules and regulations. I understand and agree that situations may arise during the event which may be beyond the control
of the Releasees and I must continually ride and otherwise participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment, any equipment provided for my use and my conduct in connection with
this event. I will wear a helmet which satisfies the requirements of the Releasees' Racing Rules and Regulations and that can protect against serious head injury and assume all responsibility and liability for the selection of such a helmet and any modifications
or attachments made thereto. I have no physical or medical condition which would endanger myself or others if I participate in this event or would interfere with my ability to safely participate in this event.
I agree for myself and my Successors that the above representations
are contractually binding and are not mere recitals and that should I or my Successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in
defending the claims. This contract may not be modified orally and a waiver or modification of any other shall not be construed as a waiver or modification of any provision shall not be constructed as a waiver or modification of any other provision herein
or as a consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carries of my name and medical information that may relate solely to any injury or death I may suffer arising from the event.
If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
I attest that I am eighteen (18) years of age or older (or that
if I am younger, my parents or legal guardian have executed this waiver below) and that I am physically fit and sufficiently trained to participate in all activities associated with the program and events and my participating in such program and events is
Consent and Release of Legal Guardian or Parent
I am the parent or legal guardian of ___________________________
(child). My child is fit for the event, and I consent to my child’s participation. I have read and understand the above contract. In consideration of allowing my child to participate, I consent to the contract and agree to its terms shall likewise bind me,
my child, and our heirs, legal representatives, and assignees. I hereby release and shall defend, indemnify and hold harmless the releases from every claim and any liability that I or my child my allege against the Releasees (including reasonable legal fees
and costs) as a direct or indirect result of injury or death to me or my child because of my child’s participation in the event, whether caused by the negligence of the releases or others to the maximum extent permitted by law. I promise not to sure releases
on my behalf or on behalf of my child regarding any claim arising from child’s participation in the event.