THE
GRIND (GIANTS RIDGE® IRON N DIRT) EVENT WAIVER,
ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT.
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND
WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE OLD SCHOOL
PRODUCTIONS LLC AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE
READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF
ITS EFFECT.
In consideration for Giants Ridge®, Iron Range Resources
and Rehabilitation Board, Old School Productions LLC and their subsidiaries,
affiliates, employees, representatives, subcontractors, volunteers, and agents allowing
my participation in the GRIND (Giants Ridge IRON N DIRT) bike race (the
“Event”) I, the undersigned, and on behalf of my spouse, heirs, next of kin,
any legal and personal representatives, 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”);
PARTICIPANT
REPRESENTATIONS:
I hereby represent that (i) I am in good health and physically fit to
participate in the Event; and (ii) have not been advised against participating
in the Event by a qualified health professional. I agree that it is my sole
responsibility to determine whether I am sufficiently fit and healthy enough to
participate in the Event.
ASSUMPTION
OF RISK:
I understand and acknowledge that there are dangers, hazards and risks of
injury or damages, some of which are inherent, in my use of, presence at, or
participation in the Event. I understand that these dangers, hazards and
risks, arising from my use of, presence at, or participation in the Event,
whether standing, walking, bicycling, or participating in other portions of the
Event, include but are not limited to: the potential for serious bodily injury,
permanent disability, paralysis and death; drowning; loss or damage to
property; exposure to extreme conditions and circumstances; accidents, illness,
contact or collision with other participants, spectators, animals, pedestrians,
vehicles, or other natural or manmade objects; dangers arising from adverse
weather; imperfect course conditions; water, road and surface hazards;
equipment failure; inadequate safety measures; participants of varying skill
levels; and other accidents or incidents that may result in injury or damage
(“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 acts, inaction or ordinary negligence of the Released
Parties and I hereby voluntarily and willingly assume all such Risks and any
other damages, liabilities, losses or expenses to my person or personal
property which I incur as a result of my participation in the Event.
RELEASE
OF LIABILITY:
I hereby Release, Waive and Covenant Not to Sue: Giants Ridge®, Old
School Productions LLC, Iron Range Resources and Rehabilitation Board, all
Event sponsors, and all Host Cities, Local Organizing Committees, Venues and
Property Owners upon which the Event takes place, Law Enforcement Agencies and
other Public Entities 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), demand(s), cause(s) of action, damage(s), loss or
expense (including court costs and reasonable attorneys fees) of any kind or
nature (“Liability”) from my use of, presence at or participation in the Event,
which may arise out of, result from or relate to the ordinary negligence of the
Released Parties.
INDEMNIFICATION: 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 Liability which may be
incurred as the result of such claim.
RELEASE
FOR PERSONAL LIKENESS: I understand that Old School Productions LLC and Giants
Ridge®, and/or those otherwise authorized by such parties, will be
taking photographs, making audio recordings and video recordings of the Event
and its related events. I hereby irrevocably consent to and grant Old School
Productions, LLC and Giants Ridge®, and/or anyone authorized
by those parties, the exclusive right to the ownership and use of any and all
photographs, audio recordings and/or video recordings, containing my image or
likeness and taken at the Event, for any lawful purpose.
ADDITIONAL
TERMS: I
understand the Event course, distance, location, and timeline can be changed at
the discretion of the Released Parties. All distances are approximate by GPS
measurements. The Event can be altered, postponed or cancelled for any reason
including but not limited to inclement weather, natural disturbances, police
activity, acts/threats of terrorism, or other reasons, including those
beyond the Released Parties’ reasonable control. If the Event is cancelled
or altered as described above, no refunds, credits or transfers will
be issued, granted or permitted.
I have
read this Agreement carefully, understand its terms and conditions, understand
that I will be giving up substantial legal rights by signing it (including the
rights of the minor, my spouse, heirs and next of kin, and any legal and
personal representatives, successors and assigns), acknowledge that I have
signed this Agreement freely and voluntarily, 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.
MINOR CONSENT [NEED SEPARATE CHECKBOX] As the Parent and/or
Legal Guardian to the minor identified above, I hereby accept and agree to all
of the terms and conditions of this Agreement in connection with the minor’s
participation in the Event(s). If, despite this Agreement, I, or anyone on the
minor’s 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. PARENT/GUARDIAN
SIGNATURE (required if participant is under the age of 18)