Release & Waiver of Liability
RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I wish to participate in the Beaver Dash Bash (Activity), a cycling and running event organized by Crank 4 A Cause (non-profit 501(c)(3)) to be held on September 24th, 2023 at the Oakdale Trails within the City of Lapeer, MI.
WARNING
Cycling and/or running can be a HAZARDOUS activity. There are many dangers and risks associated with cycling and/or running including, but not limited to injury or even death resulting from collisions with pedestrians, animals, vehicles, other cyclists, other runners, and fixed or moving objects, dangers arising from surface hazards such as pot holes, manmade objects or poor trail conditions, equipment failure, weather conditions, proximity to water, negligence of myself and/or others, and the stress from physical activity. The Activity is a trail ride and/or trail run, which will be conducted over a public trail way which will be crossing paved roads, paved trails and other public right-of ways that are shared with motor vehicles and pedestrians. Accordingly, there are hazards that are to be expected.
HEALTH AND SAFETY
I understand that cycling and/or running requires physical conditioning, and I represent that I am in sound physical condition and that I have no physical or medical condition that would endanger me or others. If cycling, I shall wear an ANSI, Snell, ASTM, or CPSC-approved helmet. I (1) can ride a bicycle; (2) am familiar with all applicable laws for bicycling in Michigan; and (3) agree to comply with all rules and laws.
ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION
I fully understand that: (a) cycling and running activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity; the condition in which the Activity takes place or the negligence of the “Releasees” named below: (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I fully accept and assume all Risks, other risks and dangers, also assume responsibility for losses, costs and damages I incur as a result of my participation.
IN CONSIDERATION of being permitted to participate in any way in the Activity, I, for myself, my personal representatives, assigns, heirs and next of kin, hereby release, discharge and covenant not to sue Crank 4 A Cause, its respective administrators, directors, agents, officers, members, volunteers and employees, other participants, any sponsors, advertisers and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, loses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, Assumption Of Risk And Indemnity Agreement (the “Release”), I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as a result of such claim.
REMOVAL FROM ACTIVITY
I understand that I may be removed from the Activity if I do not obey the laws of Michigan, the rules, or do not wear a bicycle helmet while bicycling. Furthermore, I understand that if I am asked to leave the Activity, I will not receive any refund.
PUBLICITY RELEASE
I agree that Crank 4 A Cause may share information, photographs, and video tape about my participation in this Activity to promote cycling, running, fund raising, and the work of Crank 4 A Cause with the media and in its own publications.
I have read this agreement, fully understand its terms, acknowledge that participation in this Activity is contingent upon my signing this waiver, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.