The activity for which you are
registering (the “Event”) may be physically challenging and may pose a risk of
discomfort, illness, injury, and even death. You need to be satisfied that you
are physically capable of doing the Event without undue risk to your health or
your life. We do not conduct health or fitness checks on entrants.
The Event may involve inherent risks and
dangers to participants and observers and, accordingly, you participate or
observe at your own risk.
Where you have registered or entered on
behalf of anyone under the age of 18 or have accompanied anyone under the age
of 18 to observe the Event, you also agree to the contents of this Agreement
and Waiver on behalf of the person under 18.
In consideration of being permitted to
register and/or participate in and/or observe the Event, on behalf of yourself
and any personal representatives, assigns, heirs, executors, successors, next
of kin, and persons supported by you (if relevant under the applicable laws),
you understand that:
If you are registering a child under the
age of 18 or an incapacitated adult, you represent and warrant that you are the
parent or legal guardian of that party and have the legal authority and
capacity to enter into this Agreement and Waiver on his/her behalf and by
proceeding with registration for the Event, you agree that the terms of this
Agreement and Waiver shall apply equally to all of the Registered Parties. To
the extent permitted by law, each person agreeing to this Agreement and Waiver
for him/herself and/or on behalf of another Registered Party (including,
without limitation, any minor) agrees to indemnify, defend, and hold Superior
Cycling Association and all associated organizations harmless from any
liability, claim, demand, cause of action, damage, loss, or expense (including
court costs and reasonable attorneys’ fees) of any kind or nature (each, a
“Liability” and collectively “Liabilities”) in the event the Liability arises
because a Registered Party is found by a court of competent jurisdiction to not
be bound by the terms and conditions of this this Agreement and Waiver. In
addition, if, despite this Agreement and Waiver, any of the Registered Parties
makes a claim against Superior Cycling Association and/or and other associated
organizations, you agree, immediately upon request or demand by Superior
Cycling Association, to defend, indemnify, and hold Superior Cycling
Association harmless from all Liabilities which may be incurred as the result
of such claim.
2. ASSUMPTION OF RISK. IN CONSIDERATION
OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE EVENT, YOU
ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS,
INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE EVENT,
DURING THE EVENT, WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE
TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT
MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE
MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE
PARTICIPATING IN THE EVENT. IT IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE
THAT YOU ARE AT ALL TIMES MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE
ACTIVITIES RELATED TO THE EVENT. YOU ACKNOWLEDGE AND AGREE THAT THE EVENT MAY
BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT
AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT
PARTICIPATION IN THE EVENT MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS
THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO
CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE
OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING
WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES,
CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS,
EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.
3. Representations. You represent and
warrant that you are in good physical condition, are able to safely participate
in the Event, and have no medical condition that would make your participation
in the Event more hazardous. You consent to medical care and transportation in
order to obtain treatment in the event of injury to you and understand that
this Agreement and Waiver extends to any liability arising out of or in any way
connected with the medical treatment and transportation provided in the event
of an emergency and/or injury. You understand that no medical care may be
available, but if it is, you assume liability for any and all medical expenses
incurred as a result of your participation in the Event (where such medical
expenses are not provided on a free of charge basis by any medical services
organizations, clinics, or hospitals), including, but not limited to ambulance
transport, hospital stays, physician, and pharmaceutical goods and services.
You agree to observe and obey all posted rules and warnings, to follow any
instructions or directions provided to you by Superior Cycling Association or
the Event organizer and to abide by any decision of any Event official relative
to your ability to safely participate in or attend the Event. You understand
and agree that you are expected to exhibit appropriate behavior at all times
while at the Event and to obey all applicable laws while participating in or
attending the Event. This includes, generally, respect for other people,
equipment, facilities or property. You agree that Event officials may dismiss
you, without refund, should your behavior, in the opinion of Superior Cycling
Association or the Event organizer, endanger the safety of or negatively affect
the Event. You understand and agree that you are responsible for taking care of
your own personal belongings during the Event and, to the maximum extent
permitted by law, neither Superior Cycling Association nor the Event organizer
is responsible for any personal item or property that is lost, damaged or
stolen at the Event. You understand and agree that the Event organizer reserves
the right to cancel the Event in the event of weather (including, but not
limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods),
accidents, acts of war or terrorism, military conflicts or riots, or for any
reason that would affect the safety and security of Event participants and/or
spectators or the feasibility of the Event to be held. In the event of such
cancellation or any other cancellation for any reason, there will be no refund
of your payment unless authorized and paid by the Event organizer. You agree to
hold Superior Cycling Association and all associated organizations harmless
from any liability, claim, demand, cause of action, damage, loss, or expense
(including court costs and reasonable attorneys’ fees) of any kind or nature,
related to any cancellation or disruption of the Event.
4. RELEASE AND WAIVER OF LIABILITY. YOU
HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE SUPERIOR
CYCLING ASSOCIATION AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL
LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN
THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR
DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT
RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR
OTHERWISE.
SUPERIOR CYCLING ASSOCIATION SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR
CYCLING ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION WILL NOT BE
RESPONSIBLE FOR: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENT. YOU AGREE
THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR
CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY
SUPERIOR CYCLING ASSOCIATION FROM YOU.
NOTHING IN THIS AGREEMENT AND WAIVER
SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR
THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY
GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER
MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO
EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS
AGREEMENT AND WAIVER.
5. INDEMNITY. YOU AGREE TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS SUPERIOR CYCLING ASSOCIATION AND ALL OTHER PERSONS
ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT
LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE
ATTEMPT), THE ACTION OR INACTION OF SUPERIOR CYCLING ASSOCIATION, (B) YOUR USE
OF SUPERIOR CYCLING ASSOCIATION TRAILS OR INFORMATION, OR (C) ANY VIOLATION BY
YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER.
7. Use of Likeness. You hereby
irrevocably grant Superior Cycling Association and the Event organizer
permission to record your voice and photograph you in conjunction with the
Event. You understand and agree that the term "photograph" as used
herein encompasses both still photographs and video recordings. You further
grant Superior Cycling Association and the Event organizer permission to use
your photograph, voice, and likeness taken in conjunction with the Event, in
any form, including edited versions, in or over any medium including without
limitation streaming audio and/or video over the internet, broadcast, cable,
satellite transmissions, and media that are unknown at this time, worldwide for
any legitimate purpose including, without limitation, any commercial purpose,
without compensation to you. Your further waive any right of inspection of any
such recordings and photographs. You understand that any such recordings and
photographs recorded by Superior Cycling Association and/or the Event organizer
shall become the sole property of Superior Cycling Association and/or the Event
holder, as applicable.
8. Severability. You further expressly
agree that this Agreement and Waiver is intended to be as broad and inclusive
as is permitted by applicable law, and if any provision of this Agreement and
Waiver is held to be unenforceable by a court of competent jurisdiction for any
reason whatsoever, (a) the validity, legality, and enforceability of the
remaining provisions of this Agreement and Waiver (including without
limitation, all portions of any provisions containing any such unenforceable
provision that are not themselves unenforceable) shall not in any way be
affected or impaired thereby, and (b) to the fullest extent possible, the
unenforceable provision shall be deemed modified and replaced by a provision
that approximates the intent and economic effect of the unenforceable provision
and the Agreement and Waiver shall be deemed amended accordingly.
9. ACCEPTANCE. BY INDICATING YOUR
ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ
THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT
YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE
RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND
WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE
AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE
THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM
LIABILITY ON BEHALF OF THE PARTICIPANT.