In
consideration of the issuance of a license to me by one or more Releasees or
the acceptance of my application for entry in the above event, I hereby freely
agree to and make the following contractual representations and agreements.
I
ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO
INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY THE ORGANIZER OFTHIS EVENT,THE
NAMIBIAN CYCLING FEDERATION, AND THEIR RESPECTIVE AGENTS, INSURERS, EMPLOYEES, VOLUNTEERS,
MEMBERS, CLUBS, OFFICIALS, SPONSORS,EVENT DIRECTORS, LOCAL ASSOCIATIONS, AND
AFFILIATES (COLLECTIVELY 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, REGARDLESS
WHETHER OR NOT LISTED ABOVE.
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 INHERENTLYDANGEROUS
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 way of
example, and not limitation: dangers associated with 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, the negligence of others 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 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 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, and I
must continually ride and otherwise participate so as to neither endanger myself
nor 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 which satisfies the requirements of the Releasees'
Racing Rules or Regulations and 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 made thereto. I have no physical or
medical condition which would endanger myself or others if I participate in
this event. I understand and agree that the UCI Anti-Doping Rules apply to me
and that it is my responsibility to comply with those rules. I agree to submit
to drug testing and understand that the use of methods or substances prohibited
by the applicable anti-doping rules would make me subject to penalties
including, but not limited to, disqualification and suspension. If it is
determined that I may have committed a doping violation, I agree to submit to
the results management authority of the UCI and my national federation. 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 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 PROGRAM OR EVENTS AND MY PARTICIPATION IN SUCH PROGRAM OR EVENTS IS VOLUNTARY.
AGE CONSENT
AND RELEASE OF PARENT\LEGAL GUARDIAN
I am
the parent or legal guardian of (Child). My Child is fit for the event, and I
consent to my Child's participation. I HAVE READ AND I UNDERSTAND THE ABOVE CONTRACT.
In
consideration of allowing my Child to participate, I consent to the contract
and agree that
IT’S
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.