Bike to the Beat (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.
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 in between, at various points along the route for Bike to the Beat. 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 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, 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 RACES, 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 COURSE, 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 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.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, Bike To The Beat, sponsors, affiliates, volunteers, Bike to the Beat, and individual Bike to the Beat organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the event course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner Bike To The Beat shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner Bike To The Beat does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner Bike To The Beat is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Bike To The Beat facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner Bike To The Beat relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner Bike To The Beat.