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Release & Waiver of Liability

RELEASE AND WAIVER OF LIABILITY,

ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

I wish to participate in the Spring R&R (Activity), a cycling and running event organized by Crank 4 A Cause (non-profit 501(c)(3)) to be held on May 31st 2025, at the D-Bar-A Scout Ranch in Metamora, 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.

INDIVIDUAL RELEASE AND INDEMNITY

I understand that the use of facilities at D Bar A Scout Ranch (the “MCC Property”), a camp or office property owned or operated by Michigan Crossroads Council, Inc. Boy Scouts of America or one of its subsidiary councils (collectively, the “MCC”), and the conduct of activities at the MCC Property are strenuous and involve risk (including, without limitation, the risks of serious injury, permanent injury and death).

After careful analysis of the risks involved, and in consideration of the benefits to be derived by the undersigned from the use of, and activities at, the MCC Property, as well as for other good and valuable consideration (the receipt and sufficiency of all of which are hereby acknowledged), the undersigned hereby: 

1.  Waiver of Liability.  EXPRESSLY WAIVES AND RELEASES all claims, causes of action, costs, damages, expenses, losses, liabilities and suits (including, without limitation, any claim, cause of action, demand or assertion of liability under any municipal, state, federal or other law (including any action under the Americans with Disabilities Act)) against (i) Boy Scouts of America, Inc., (ii) MCC, and (iii) all affiliates, agents, associates, chartered organizations, directors, employees, officers, leaders, members, representatives, servants and volunteers of each of the foregoing (all of the persons and entities described in clauses (i)-(iii) being, jointly and severally, the “Indemnified Persons”), on account of any personal injury, property loss, damage, accident, death, injury, illness, or loss suffered by the undersigned that arises from, or as a result of, or incidental to, or in connection with, the undersigned’s use of, or presence on, the MCC Property or any services, structures or equipment located in, on or about the MCC Property (a “Loss”) and further agrees and covenants not to sue or make such claims on behalf of myself, my minor children, and assigns, heirs, or survivors. 

2.  Indemnification:  AGREES TO indemnify and hold harmless the Indemnified Persons, and each of them, and will assume liability for and reimburse the Indemnified Persons, and each of them, for (i) any such Loss, (ii) any claim, cause of action, demand or assertion of liability under any municipal, state, federal, or other law (including any action under the Americans with Disabilities Act) (a “Claim”); and (iii) any loss, liability, claim, damage and expense (including, discovery costs, investigation costs and reasonable attorneys’ fees and expenses) suffered or incurred by the Indemnified Persons arising from, or as a result of, or incidental to, or in connection with, any such Loss or Claim.

3.  Fitness:  AFFIRMS that I have the mental and physical fitness for any activity in which I am participating and will comply with all applicable rules. 

I have read this waiver, understand it, and am agreeing voluntarily.