Participant Waiver:
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING
RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY THE
ORGANIZERS OF THIS EVENT, THE CEDAR VALLEY SPORTS COMMISSION AND COMMUNITY MAIN
STREET CEDAR FALLS, AND THEIR RESPECTIVE AGENTS, INSURERS, EMPLOYEES,
VOLUNTEERS, MEMBERS, CLUBS, OFFICIALS, SPONSORS, EVENT DIRECTORS, LOCATION
ASSOCIATIONS AND AFFILIATES (COLLECTIVELY “RELEASEES”), AND THAT I AM GIVING UP
SUBSTAINTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING
CONSEQUENCES AND IT APPLIES TO ALL RACES AND ACTIVITIES ENTERED AT THE EVENT
(CEDAR VALLEY GRAN FONDO – HEREAFTER, THE “EVENT”), REGARDLESS OF WHETHER THEY
ARE LISTED ABOVE. I HAVE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING, AND I
UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.
I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS
SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATIG IN THIS EVENT, whether as a
rider, official, coach, mechanic, volunteer, spectator, or otherwise, and FULLY
ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION, INCLUDING, by way of
example and not limitation: dangers associated with natural jumps, the dangers
of collision 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, 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 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 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 AND CLIAMS
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 or indirectly in
connection 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 (except at designated stop points) and otherwise participate
so as to neither endanger myself not 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 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 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
provision shall not be construed as a waver 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
carriers of my name and medical information that may relate solely to any
injury or death I may suffer arising from the event. Every term and provision
of this contract is intended to be severable. 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 EVENT AND MY PARTICIPATION IN SUCH EVENT IS
VOLUNTARY.
