Bike to the Beat - Winter Edition (the “Event”) Waiver and Release of Liability Agreement
WARNING: READ THIS EVENT WAIVER AND RELEASE OF LIABILITY AGREEMENT (THE "AGREEMENT") CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. BE AWARE THAT BY EXECUTING THIS AGREEMENT AND PARTICIPATING IN THIS EVENT, YOU WILL BE EXPRESSLY ASSUMING THE RISK AND LEGAL LIABILITY, AND WAIVING AND RELEASING ANY CLAIMS FOR INJURIES, DAMAGES, OR LOSS WHICH YOU MIGHT SUSTAIN AS A RESULT OF ANY ACTIVITIES CONNECTED WITH PARTICIPATION IN THE EVENT. DO NOT SIGN (OR CLICK TO AGREE TO) THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
Warning of Risks and Assumption of Risks. Participation in the Event may challenge and engage your physical and mental resources. You should not participate in the Event if you have any health conditions affecting your ability to participate. You should seek advice from your physician before participating in the Event. There is always a risk of injury when participating in exercise activities, and not all hazards and dangers can be foreseen. Participation in the Event may involve inherent risks, dangers and hazards, which may occur without warning, or be due to poor skill level, lack of conditioning, carelessness and/or other unforeseen, unidentified or unexpected perils inherent in physical activities.
By Participant:
Execution of this Agreement By executing this Agreement, I acknowledge that I understand the risk and danger of accidents, physical injury, effects of exercise, and the unpredictable nature of the human body and the activities inherent in the nature of the Event. I acknowledge that I am a voluntary participant in this Event and state that I am in good physical condition. I further acknowledge that physical exercise and participation in this Event will challenge and engage my physical resources. I have either consulted with my physician and received doctor's advice and consent to my participation in the Event or have waived such advice and consent of my doctor, and accept any and all risks.
Further, I understand and acknowledge that there may be items of food and/or drink that are made available at the beginning, end, and/or, at various times in the interim during the ride. I understand that no representations have been made, nor are they being made, with regard to whether such food/drink is safe for all individuals to consume. Specifically, there has been no testing of any of the food and/or drink (nor will there be in advance of the ride) with regard to, for example, food allergens, etc. It is important to keep in mind that not all people will react the same way or tolerate to the same extent any particular food item(s). I understand that when and if I partake in any food and/or drink offered in connection with Bike to the Beat - Winter Edition, I do so at my own risk and will be responsible for my own decisions and safety when it comes to food/drink.
Waiver, Release and Indemnification. I UNDERSTAND AND ACKNOWLEDGE THAT NEITHER FOX COMMUNITIES CREDIT UNION, NOR ANY OF ITS AFFILIATES, PARTNERS, TRUSTEES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS OR SPONSORS (THE “RELEASED PARTIES”) ARE INSURERS OF MY CONDUCT AND SAFETY. I UNDERSTAND THAT THERE ARE POTENTIAL HAZARDS INHERENT IN ACTIVITIES SUCH AS BIKE RIDES (OF ANY DURATION), AND I HEREBY ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING MY PARTICIPATION IN THE EVENT. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, HOLD HARMLESS AND AGREE NOT TO FILE SUIT AGAINST THE RELEASED PARTIES REGARDING ANY AND ALL LOSSES, DAMAGES, LIABILITIES OR OTHER CLAIMS AND CAUSES OF ACTION WHATSOEVER THAT I MIGHT OTHERWISE HAVE ARISING OUT OF MY PARTICIPATION IN THE EVENT, INCLUDING PERSONAL INJURY, DEATH OR DAMAGE SUFFERED BY ME, MY PERSONAL PROPERTY OR OTHERS, WHETHER THE SAME BE CAUSED BY FALLS, CONTACT WITH OTHER PARTICIPANTS, CONDITIONS OF THE VENUE, NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. I AGREE THAT, IN THE EVENT ANY PERSON BRINGS ANY CLAIM OR ACTION INDIVIDUALLY OR ON MY BEHALF, RELATED TO ANY INJURY OR LOSS SUFFERED BY ME AS A RESULT OF MY PARTICIPATION IN THE EVENT, THAT I WILL INDEMNIFY THE RELEASED PARTIES AGAINST SUCH CLAIMS, INCLUDING THE PAYMENT OF ATTORNEY FEES. I AGREE THAT THIS AGREEMENT SHALL BIND MY GUARDIAN, ASSIGNS, HEIRS, ADMINISTRATORS AND EXECUTORS FOREVER.
I understand that this Waiver and Release may be stored electronically, and I agree that a copy shall be deemed authentic and admissible as evidence in any future dispute or proceedings.
I understand that if I do not follow all the rules of the Event, I may be removed from the Event. I give my full permission to the Event and the Released Parties to use for any legitimate business purpose any photographs, videotapes or other recordings of me that are made during the course of this Event.
I agree that the statutes and laws of the State of Wisconsin shall apply to all matters related to this Agreement. I irrevocably consent to the exclusive jurisdiction for any dispute related to this Agreement residing in the courts of the State of Wisconsin.
Photo Release: Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose, including commercial advertising and/or marketing.
Bike to the Beat - Winter Edition. CycleBar Terms and Conditions.
In consideration for being permitted to sign up for, access and/or attend classes, events, activities, and other programs (individually and/or collectively, the “Classes”) and for using the premises, facilities and equipment (individually and/or collectively, the “Studio”) of this independently owned and operated CycleBar Franchise (“CycleBar Franchise”), I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
I am aware and acknowledge that there are certain inherent risks and dangers associated with indoor cycling and the exercise equipment used in the Classes and the Studio, whether caused by me or not.
I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that this CycleBar Franchise provides the Studio “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Upon entering this CycleBar Franchise, I will inspect this CycleBar Franchise and my observation and use of the same shall constitute an acknowledgment that I find and accept such premises to be safe and reasonably suited for their intended purpose(s).
If I do find any unsafe or unreasonably suited conditions with this CycleBar Franchise I will immediately cease to continue with any activity and will immediately notify an employee of this CycleBar Franchise of the unsafe or unreasonable suited conditions.
I assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of this CycleBar Franchise and agree to use care in the use of this CycleBar Franchise and to protect against accidents to and by other participants.
I am aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death.
I understand that this CycleBar Franchise and CycleBar Franchising, LLC (“CycleBar Franchising”) shall have no responsibility to pay for medical treatment and related costs if I am injured.
At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of this CycleBar Franchise.
I am aware and acknowledge that I should consult with my physician or have a physical examination before participating in Classes at this CycleBar Franchise or enrolling in any Classes at this CycleBar Franchise, especially if I have a history of heart disease, high blood
pressure or other chronic illness, or am unaccustomed to physical exertion or have other physical limitations.
If in the subjective opinion of this CycleBar Franchise staff, I would be at physical risk participating in this CycleBar Franchise’s Classes, I understand and agree that I may be denied access to the Classes until I furnish this CycleBar Franchise with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the concerns of this CycleBar Franchise and stating that the concerns of this CycleBar Franchise are unfounded and without medical merit.
I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studio; release, indemnify, and hold harmless CycleBar Franchising, LLC (“CycleBar Franchising”), this CycleBar Franchise, and their direct and indirect parent, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Classes or use of this CycleBar Franchise’s Studio; and represent
that I:
(a) have no medical or physical condition that would prevent me from properly using any of this CycleBar Franchise’s Classes,
(b) do not have a physical or mental condition that would put me in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise such as that offered by this CycleBar Franchise.
I further understand and acknowledge that neither this CycleBar Franchise nor CycleBar Franchising manufactures fitness or other equipment or products available in this CycleBar Franchise’s Studio and therefore this CycleBar Franchise and CycleBar Franchising will not be held liable for defective equipment or products.
Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge this CycleBar Franchise and CycleBar Franchising from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my participation in Classes and use of the Studio against this CycleBar Franchise, CycleBar Franchising, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless this CycleBar Franchise and CycleBar Franchising from and against any such Claims.
I am aware and acknowledge that if I have any chronic disabilities or conditions, I am at risk in using this CycleBar Franchise’s Classes and Studio, and should not be participating in any Classes which could cause increased risk of injury or adverse health consequences as a result of exercise.
I am aware and acknowledge this CycleBar Franchise and CycleBar Franchising make no claims as to medical results that can or may be obtained through participation in Classes and use of the this CycleBar Franchise’s Studio. This CycleBar Franchise has neither suggested nor will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee of this CycleBar Franchise unless such advice has been verified by participant’s licensed
physician.
I hereby irrevocably consent to and grant CycleBar Franchising the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by this CycleBar Franchise’s employees, CycleBar Franchising’s employees, or at this CycleBar Franchise’s Studio and events of this CycleBar Franchise, that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, CycleBar Franchising records, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press conferences, meetings, hearings, educational conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and CycleBar Franchising may make any and all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.
I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in force and effect.
I acknowledge that I have read this PARTICIPATION waiver AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights including my right to sue this Cyclebar Franchise and Cyclebar Franchising, LLC under certain circumstances. further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.
