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. The DC Ranch Community Council reserves the right to cancel the Tour de Scottsdale. In the event of cancelation, registration fees will be refunded, minus administrative fees.
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.