pertNear Terms and Agreement:
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY, Bluedog Cycles, Vernon Trails, ITS ASSOCIATIONS, AND THEIR RESPECTIVE AGENTS, VOLUNTEERS, MEMBERS, SPONSORS, PROMOTERS, AND AFFILIATES, AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS ENTRY BLANK AND RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO IT BY SIGNING.
In consideration of the issuance of the acceptance of my application for entry in the pertNear event, I hereby freely agree to and make the following contractual representations and agreements. I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZED THE DANGERS OF PARTICIPATING IN A BICYCLE RACE, whether as a rider, coach, mechanic or otherwise, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: the dangers of collision with pedestrians, vehicles, other racers, and fixed or moving objects, the dangers arising from surface hazards, including pot holes, equipment failure, inadequate safety equipment, THE RELEASEE’S 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 cycling competition. 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 Releasee’s and all sponsors, organizers and promoting organizations, property owners, law enforcement agencies, public entities, special districts, and properties that are in any way connected with this event, and their respective agents, officials and employees through or by which the events will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEE’S OWN NEGLIGENCE, which I have or which may hereafter accrue to me, and from any and all damage 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 race course, the Releasee’s 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 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 competition equipment and my conduct in connection with the pertNear event. I will participate wearing a helmet which satisfies the requirements of the Releasee’s 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. I have no physical or mental 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 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. I understand that the organizers may have photographers and videographers covering the event and I grant Wisconsin Bikes for Good Inc the right to use and reproduce my image as they see fit for future promotion of the event and related events.
I understand that there is a no refund policy in effect.
In the event that I should suffer an injury, I RELEASE FROM LIABILITY VERNON TRAILS, BLUEDOG BICYCLES, IT’S ASSOCIATIONS, AND THEIR RESPECTIVE AGENTS, VOLUNTEERS, MEMBERS, SPONSORS, PROMOTERS, AND AFFILIATES in their efforts to provide first aid to me and I grant them license to release any personal information to medical responders in the event that I am unable to offer this informaton personally.
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.
