IN
CONSIDERATION of being permitted to participate in any way in Tour of Kansas
City sponsored Bicycling Activities (“Activity”) I, for myself, my personal
representatives, assigns, heirs, and next of kin:
1.
ACKNOWLEDGE, agree, and represent that I understand the nature of Bicycling
Activities and that I am qualified, in good health, and in proper physical
condition to participate in such Activity. I further acknowledge that the
Activity will be conducted over public roads and facilities open to the public
during the Activity and upon which the hazards of traveling are to be expected.
I further agree and warrant that if, at any time, I believe conditions to be
unsafe, I will immediately discontinue further participation in the Activity.
2.
FULLY UNDERSTAND that: (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF
SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH
(“RISKS”); (b) these Risks and dangers 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; and I
FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES,
COSTS, AND DAMAGES I incur as a result of my participation or that of the minor
in the Activity.
3.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Tour of Kansas City
their 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,
LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN
PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT
RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER
OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my
behalf, makes a claim against any of the Releases, 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 the result of
such claim.
I AM 18
YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT,
HAVE SIGNED IT VOLUNTARILY 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. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT
IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL
FORCE AND EFFECT.
I agree to follow
all traffic laws during the rides. I understand that the rides take place on the
open road under ordinary traffic laws and that the course is NOT CLOSED.
Photo release: The Tour of Kansas City, its representatives and affiliated
organizations may use photographs taken of me during the Tour of Kansas City
events, with or without my name and for any lawful purpose, including for
example such purposes as publicity, illustration, advertising, and online.
