TOUR DE SCOTTSDALE
RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT
CYCLIST MUST READ AND SIGN THE
WAIVER BELOW. IF CYCLIST IS UNDER 18, SIGNATURE OF PARENT/GUARDIAN IS ALSO REQUIRED.
In
signing this waiver as a participant in the Tour de Scottsdale, I understand
and accept that I must obey all laws of the State of Arizona, particularly
traffic laws that may apply to my activities during this event. Unless
instructed to the contrary by a law enforcement official, I must comply with
all traffic regulations including traffic signals, devices, and other traffic
rules. The Tour closes at 11:30 a.m. on event day and all course support will end
at that time. I understand that I am solely responsible for my own
safety/support, whether course support is present or not, and must obey all
laws. I hereby, for myself, my heirs, my executors and administrators, waive
and release any and all rights and claims for damages I may have against the
City of Scottsdale, the Town of Fountain Hills, the Town of Carefree, the
County of Maricopa, the Maricopa County Department of Transportation, RacePlace
Events, DC Ranch Community Council, 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 affiliates, employees, agents, officials, directors, shareholders,
partners, event sponsors, and any individuals associated with the event, their
representatives, successors and assignees (collectively, the “Releasees”), and
will hold the Releasees harmless for any and all injuries or illness suffered
in connection with the Tour de Scottsdale event.
I ACKNOWLEDGE THAT BY
SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO
SUE AND RELEASE FROM LIABILITY THE 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. 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 AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF
PARTICIPATING 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 man-made and 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 TO SUE THE RELEASEES, FROM ANY AND ALL RIGHTS AND 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 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. 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 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 the 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 in good physical
condition and capable of participating in this event, and that my participation
in the event is voluntary. Further, I hereby grant full permission to any and
all the forgoing to use my likeness in all media including photographs,
recordings, and any other record of this event for any legitimate purpose. I
understand all fees collected and donations are not refundable or transferable
to another person.
PARTICIPANTS UNDER THE AGE OF 18: I am the parent or legal guardian of the minor
named above. I have the legal right to consent to and, by signing below, I
hereby do consent to my child’s participation in the event. In consideration of
allowing my child to participate, I consent to the contract and agree that 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 RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my child may 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 RELEASEES
OR OTHERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. I PROMISE NOT TO SUE
RELEASEES on my behalf or on behalf of my child regarding any claim arising
from my child’s participation in the event.
You must scroll to the bottom of the waiver to consent.