Accident Waiver and Release of Liability
IN CONSIDERATION of being permitted to participate in any way in any type of Racer X Cycling or Big Time Racing, LLC activities (collectively, “Activities”), I acknowledge that these Activities are an extreme test of a person’s physical and mental limits, and I voluntarily assume all risks of all loss, damage or injury occurring in connection with such Activities. I fully understand that my participation carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, conditions of athletes, equipment, vehicular traffic, lack of hydration, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event. These risks affect not only athletes but also volunteers. I hereby assume all of the risks of participating and/or volunteering in these Activities. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, or from dangerous or defective equipment or property owned, maintained or controlled by them.
I certify that I am physically fit, have sufficiently trained for participation in these Activities and have not been advised otherwise by a qualified medical person.
I acknowledge that this Accident Waiver and Release of Liability (“Waiver and Release”) will be used by the event holders, sponsors and organizers, in which I may participate and that it will govern my actions and responsibilities at said Activities.
In consideration of my application and permitting me to participate in these Activities, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) WAIVE, RELEASE and DISCHARGE from any and all liability, claims, demands, actions or rights of action, which are related to my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me which are related to or are in any way connected with participation in any and all Racer X Cycling or Big Time Racing, LLC Activities (related and sponsored) or result from my traveling to or from these Activities, THE FOLLOWING ENTITIES OR PERSONS: Racer X Cycling, and Big Time Racing, LLC and its directors, officers, employees, volunteers, representatives, agents, contractors, sponsors, the event holders, event sponsors, event directors, event volunteers and their successors, assigns and insurers; and (B) INDEMNIFY AND HOLD HARMLESS the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during these Activities. I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against Racer X Cycling or Big Time Racing, LLC and all other entities and persons mentioned in this paragraph.
I intend this Waiver and Release to be effective whether or not any loss, damage, injury or death RESULTS FROM NEGLIGENCE of Racer X Cycling or Big Time Racing, LLC or any of its directors, officers, employees, volunteers, representatives, agents, contractors, sponsors, the event holders, event sponsors, event directors, event volunteers and their successors, assigns and insurers. I understand that negligence means a failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect himself, herself or others from injury or death.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this event. In the event of an accident and/or injury I further consent to the release of any and all transport, treatment and or medical information to Racer X Cycling or Big Time Racing, LLC relating there to.
I understand that at these Activities or related events, I may be photographed. I agree to allow my photo, video, film likeness and email address to be used for any legitimate purpose by the event holders, producers, sponsors, organizers and or assigns.
I agree to wear an ANSI or SNELL approved helmet and to ride in accordance with all applicable laws.
I ATTEST THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR THAT IF I AM YOUNGER, MY PARENTS OR LEGAL GUARDIAN MUST SIGN A PAPER WAIVER PRIOR TO MEMBERSHIP ACCEPTANCE), 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.
This Waiver and Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.