PEAK 2 PEAK BIKE RACE RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND MEDICAL AUTHORIZATION
IMPORTANT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, hereby state that I am aware that bicycle riding and participation in the Peak 2 Peak Mountain Bike Classic (hereinafter Peak2Peak), involves many RISKS, DANGERS and HAZARDS, including, but not limited to: slip and falls, illness, premises defects, dangerous conditions of property, facilities, or equipment, collisions and/or contact with other people, rock, earth, animals, objects, or structures, changes in weather conditions, variation in terrain, bicycle malfunction, bicycle damage, inappropriate use of bicycles, helmet malfunction/loss/misuse, negligence of other participants, negligence of spectators, and, negligence on the part of Crystal Mountain, Endoman Promotions, the State Of Michigan and its Department of Natural Resources, the Peak2Peak Sponsors and their respective employees, owners, officers, representatives, directors, shareholders, members, agents, volunteers, successors, subsidiaries, related entities, vendors, and all persons/companies connected with the Peak2Peak (collectively “Releasees”) singly and collectively and other risks, dangers, and hazards, any of which may result in personal injuries including paralysis, brain damage, illness, death, and property damage. I understand that cycle helmets are required to be worn for the duration of the Peak2Peak and certify that both I and the Minor (if applicable) will use cycle helmets. I further understand that while a physical examination is not required to participate in the Peak2Peak, all participants participate at their own risk. If there is any doubt as my physical condition, or the Minor’s (if applicable), to participate in the Peak2Peak, I understand that it is strongly recommended that I and/or the Minor seek the advice of a physician. I certify that I and/or the Minor am/are in good health and physically fit and have no medical condition that would affect my and/or the Minor’s ability to safely participate in the Peak2Peak. I assume responsibility for my own and/or the Minor’s (if applicable) physical fitness and capability to participate in the Peak2Peak. I agree to remove myself and/or the Minor from participation in the event should I sense or observe any hazard or unsafe condition, or feel that I and/or the Minor are unfit or unable to safely continue.
In consideration of the Releasees accepting my and/or the Minor's participation in the Peak 2 Peak, individually and/or as parent/guardian of the Minor, I hereby expressly assume and accept any and all risks and dangers associated with my and/or the Minor's participation in the bike ride including, but not limited to, the possibility of serious personal injuries, illness, death and property damage. In further consideration for participating in this bike event and using the Crystal Mountain facilities, the participant agrees NOT TO SUE Crystal Mountain, its employees, owners, officers, representatives, directors, shareholders, agents or vendors.
ADULT/PARENT/GUARDIAN: In consideration of the Releasees, including Crystal Mountain, Edoman Promotions and the Peak 2 Peak Sponsors, allowing me and/or the Minor to participate in the Peak 2 Peak, I agree to Release, Hold Harmless, Indemnify and Defend the Releasees from and against any and all claims, actions, damages, including claims or actions brought by me and/or the Minor, and claims related to or arising from incidents that occurred prior to, on and/or following the date of this Release and Indemnification Agreement, including but not limited to: allegations of negligence, including the negligence of any of the Releasees, breach of contract, breach of any statutory or other duty of care and breach of express or implied warranty. I further agree to Indemnify, Hold Harmless and Defend Releasees from any damages, costs or expenses, including actual attorney fees and costs, without limitation, which Releasees sustain in relation to or arising out of my and/or the Minor's participation in the Peak 2 Peak.
I consent to and authorize the taking of photographs and/or videos during my and/or the minor's participation in the Peak 2 Peak. I grant permission for use of said photographs and/or videos in advertising, displays, web sites, brochures and other forms of electronic or social media, illustrations or publications without notifying me. I waive any and all rights to privacy on behalf of myself and/or the Minor, in the photographs/videos and to compensation related to the use of the photographs and/or videos.
I recognize that situations may arise where emergency or emergent medical or dental care may be necessary for me and/or the Minor. I authorize Releasees to render first aid and to call for medical and/or dental care if, in their opinion, such medical or dental care is needed. I agree to pay for all expenses and costs associated with such care and related transportation. I understand this Release and Indemnification Agreement shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives and administrators and may be pled by Releasees as a complete bar and defense against any and all claims, demands or causes of action by me and/or the Minor or on my behalf and/or the Minor’s behalf. Any provision of this Release and Indemnification Agreement which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. I acknowledge that this activity is taking place in the State of Michigan and I further agree that only the laws of the State of Michigan shall apply in the construction or application of this Release and Indemnification Agreement.
I HAVE CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND MEDICAL AUTHORIZATION. I UNDERSTAND ITS CONTENTS. I HAVE THE AUTHORITY TO ENTER INTO IT AND I VOLUNTARILY SIGN IT WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
