Event Assumption of Risk, Declaration, Waiver, Indemnity and
Release Form
In consideration of the issuance of a license to me by one or more Releasees or
the acceptance of my application for entry in an event ("event")
, I hereby freely agree to and make the following contractual representations
and agreements:
1. Assumption
of risk
1.1 I acknowledge
that I have been advised that and am aware that participation in the event
involves significant risks of injury, trauma, harm and damage to me, my
property, other participants, spectators and other persons attending or in the
vicinity of the event and with this knowledge I voluntarily participate in the
event fully accepting all such risks if they arise which may result in personal
injury, death and damage.
1.2 I acknowledge
that running is an inherently dangerous sport and fully realize the dangers of
participating in this event, whether as a runner, official, coach, 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 obstacles; 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").
2. Representations
and Warranties
2.1 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.
2.2 I have read it carefully before signing,
and I understand what it means and what I am agreeing to by
signing.
2.3 I have no physical or
medical condition which would endanger myself or others if I participate in
this event.
2.4 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.
2.5 I
understand and agree that the 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 and national
federation.
2.6 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.
2.7 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.
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.
2.8 This
release is a contract with legal and binding consequences and it applies to all
activities entered at the event, regardless whether or not listed
above.
3.
Consent to treatment
3.1 I agree that if
I suffer injury the releasees' may at my expense arrange for me to receive
medical treatment and emergency evacuation services as the releasees' deem
appropriate and I understand that any personal injury that I incur may be
worsened or compounded by not only my actions but by the actions, omissions or
negligence of others. 3.2
I agree that I am responsible for my own medical and
ambulance insurance as well as insurance for my personal
belongings.
4.
Release and Discharge
I hereby unconditionally release and forever discharge from all liability the
organizer of this event and their respective agents, insurers, employees,
volunteers, members, clubs, officials, sponsors, event directors, local
associations, and affiliates (collectively "releasees"), from
any and all claims, suits, demands, expenses, costs, damages or proceedings of
any nature whatsoever arising and resulting from any personal injury, death,
property damage or loss sustained by me as a result of my participation in the
event and I hereby agree not to take legal action of any kind against the
organizer in connection with the event or my participation in it.
5. Indemnity
5.1 I hereby
unconditionally indemnify and hold harmless, and shall keep indemnified and
held harmless, and promise not to sue, the releasees and all sponsors,
organizers and promoting organizations, property owners, law enforcement
agencies, public entities, local authorities, property owners 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.
5.2 I hereby
unconditionally indemnify and hold harmless, and shall keep indemnified and
held harmless the releasees and all sponsors, organizers and promoting
organizations, property owners, law enforcement agencies, public entities,
local authorities, and properties owners that are in any manner connected with
this event, as a result of, or arising out of, whether directly or indirectly,
my arrival and departure there from, attendance at registration, prize- giving or
other function thereof, any loss or damage to bicycles or other equipment,
however such loss or damage may arise regardless of whether or not the same
shall have b een caused directly or indirectly by the negligence, albeit gross,
of one or more of all the aforementioned parties as set out.
6.
Medical Information
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.
7.
Photographic Material
7.1 I hereby grant
permission to the rights of my image, likeness and sound of my voice as
recorded on audio, video or photograph without payment or any other consideration.
I understand that my image may be edited, copied, exhibited, published or
distributed and waive the right to inspect or approve the finished product
wherein my likeness appears. Additionally, I waive any right to royalties or
other compensation arising or related to the use of my image or recording. I
also understand that this material may be used in within an unrestricted
geographic area.
7.2 By signing this
release, I understand this permission signifies that photographic or video
recordings of me may be electronically displayed via the Internet or in a
public setting.
7.3 There is no time
limit on the validity of this release nor is there any geographic limitation on
where these materials may be distributed.
7.4
This release applies to photographic, audio or video recordings collected as
part of the event that I am entering.
7.5 By signing this form I acknowledge
that I have completely read and fully understand the above release and agree to
be bound thereby. I hereby release any and all claims against any person or
organization utilizing this material.
8.
Minors
I attest that I am twenty one (21) 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.
9.
Age Consent And Release Of Parent\Legal Guardian
9.1 I am the parent
or legal guardian of (child). My child is fit for the event, and I consent to
my child's participation.
9.2 I have
read and I understand the above contract.
9.3 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 or loss or damage to my or my child's property 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.
9.4 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.