In Consideration of being permitted to participate in any way in an OutCycling ("CLUB") sponsored Bicycling Activity ("Activity, Bicycling Activities"), 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. I understand that serious accidents occasionally occur during the Activity, and that participants in this event may sustain mortal or serious injury as a consequence thereof. Nevertheless, I agree to assume these risks. I am responsible for providing a bicycle for use in the Activity and for ensuring that such bicycle is in a good mechanical condition. I attest that the equipment that I will use in the Activity is in good mechanical condition. I understand that bicycle helmets may (but do not always) prevent serious injury, and I agree to wear one while participating 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 conditions 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 in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the League of American Cyclists ("LAB"), the CLUB, 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, 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 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 the result of the such claim. I waive my insurers’ right to make a claim against Releasees based on payments by insurers to me or on my behalf for any reason. I acknowledge this means my insurers have no rights of subrogation against the Releasees. I will not initiate, participate in or assist anyone in connection with, any claim, lawsuit, court action or other legal proceeding or demand, whether currently known or unknown, whether anticipated or unanticipated, against Releasees, in connection with the Activity, and I waive any right I may have to do so.
4. Give permission to the CLUB to freely use my name, picture and voice in any broadcast, telecast, print account or any other account in any medium as captured via my participation in the Activity. I understand that this permission is perpetual in time and that it encompasses, without limitation, any copyright or right of publicity that i may have in my name, picture and voice.
The CLUB reserves the right to reject any entry and to disqualify, bar or remove any individual from an Activity. Reasons for this action may include but are not limited to: unsafe conduct, abusive behavior, and providing false information on the Activity entry form during the registration process. Individuals disqualified from an Activity may be barred from future activities and other CLUB events.
I AM 18 YEARS OF AGE OR OLDER, HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY CONSENTING TO THIS AGREEMENT, AM CONSENTING TO IT VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AGREE THAT ITS TERMS SHALL LIKEWISE BIND ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES AND ASSIGNEES, 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.