For and in consideration of BlueWolf Events, LLC. (BlueWolf Events, LLC) allowing
me, the undersigned, to participate in the 6 Hours in the 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,
mountain bike 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 mountain
biking 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 BlueWolf Events 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: BlueWolf Events, LLC.,
its members, member clubs, associations, sport disciplines and divisions; City
of Tempe, AZ; SRP, 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), 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.