• WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE JAKES WITCH PROJECT AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
2019 Jakes Witch Project and Warren County Chamber of Business and Industry Waiver & Release of Liability, Assumption of Risk, & Indemnity Agreement, &
General Media Consent & Release
IN CONSIDERATION of Jakes Witch Project (“JWP”) and the event organizer allowing me to participate in this event (“Event” or “Events”); for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns (collectively “Successors”), I HEREBY AGREE TO AND MAKE THE FOLLOWING CONTRACTUAL REPRESENTATIONS AND AGREEMENTS PURSUANT TO THIS WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT, GENERAL MEDIA CONSENT & RELEASE (“Agreement”).
I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE THE RELEASEES (defined below) FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW, which I or my Successors may have or which may hereafter accrue to me or my Successors, and from any and all damages which may be sustained by me or my Successors directly or indirectly in connection with, or arising out of, my Participation in or association with this Event, or travel to or return from this Event.
Releasees are defined as: JWP, Warren County Chamber of Business and Industry (“WCCBI”), event owners and organizers, race directors and promoters, and their respective agents, insurers, employees, volunteers, members, officials, sponsors, local associations, and affiliates; other Event Participants (defined below); sponsors, advertisers, host cities, local organizers and promoting organizations, venues and property owners upon which the Event takes place, law enforcement agencies and other public entities providing support for the Event, special districts and properties that are in any manner connected with the Event in which I Participate, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, officials, employees and volunteers (individually and collectively, “Releasees”).
ACKNOWLEDGMENTS & REPRESENTATIONS
1. Risks & Dangers: I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE RISKS AND DANGERS OF PARTICIPATING IN CYCLING EVENTS, whether as a rider, official, coach, mechanic, volunteer, spectator, driver, course marshal, or otherwise, (individually and collectively “Participant”, “Participate” or “Participation”) and FULLY ASSUME THE RISKS AND DANGERS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and without limitation, the following risks and dangers:
(a) Contact or collision with other Participants, pedestrians, vehicles, or other natural or man-made, fixed or moving objects; possibility of serious physical or mental injury, sickness and disease, permanent disability, loss of life; THE RELEASEES’ OWN NEGLIGENCE, inadequate safety measures, Participants of varying skill levels; man-made and natural jumps, bridges, stairs, and other obstacles; road, trail, and other surface hazards, including pot holes, roots, rocks, level changes, and otherwise imperfect course conditions; adverse weather conditions, and exposure to other extreme conditions and circumstances; equipment failure, inadequate safety equipment, use of equipment or materials provided by the event organizer and others, loss of or damage to equipment/property; situations which may or may not be beyond the immediate control of the Event organizers and other Releasees; and other undefined risks and dangers which may or may not be readily foreseeable or are presently unknown (individually and collectively “Risks”).
(b) I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of other Participants, or the acts, inaction or negligence of the Releasees, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my Participation in the Event.
2. Course, Rules & Regulations, Safety: I agree it is solely my responsibility to be familiar with the Event course(s) and agenda(s), the Releasees’ rules and laws, and any special regulations for the Event, and agree to comply with all such rules, laws and regulations. I understand and agree that situations may arise during the Event which may or may not be beyond the control of the Releasees, and I must continually ride and otherwise Participate so as to not endanger myself and others.
3. Equipment & Conduct: I assume all responsibility and liability for the condition, choice, suitability and adequacy of my equipment, any equipment provided for my use, any modifications or attachments made to my equipment or equipment provided for my use, the safe operation of all such equipment, and my conduct in connection with the Event.
4. Helmet: I will always wear a helmet when riding a bicycle at an Event in order to help protect against serious head injury. My helmet shall meet one of the following standards: CPSC, ASTM F1447, Snell B90A, or Snell B95; shall be in good and undamaged condition; and will satisfy the requirements of the Releasees’ Racing Rules and regulations. I will assume all responsibility and liability for the selection of such a helmet and any modifications or attachments made thereto.
5. No Medical/Physical Conditions: I have no physical or medical condition which would endanger myself or other Participants. I agree it is solely my responsibility to determine if I am sufficiently fit and healthy enough to participate in the Event.
6. Anti-Doping: I understand and agree that either the U.S. Anti-Doping Agency (USADA) Protocol or the Canadian Anti-Doping Program (CADP) applies 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 processes of USADA or CADP.
7. Agreement Complete, Not Modified Orally: I acknowledge this Agreement 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. This Agreement may only be modified in writing by a JWP or WCCBI principal or designee, and subsequently signed by Participant, or Participant’s parent or legal guardian. This Agreement is the complete understanding between the parties and no oral representations, statements or inducements have been made apart from this Agreement.
8. Agreement Provisions Severable: I acknowledge that every provision of this Agreement is intended to be severable. If any provision is found to be unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, which shall remain binding and enforceable to the maximum extent permissible under law. Headings are solely for ease of reading this Agreement.
9. Release of Medical Information: I consent to the release by any third party to Releasees and their insurance carriers of my name, contact and medical information that may relate solely to any injury or death I may suffer arising from the Event.
10. Media Consent & Release: I hereby authorize JWP, WCCBI and Event owners, organizers, race directors and promoters, and their authorized representatives: to record my likeness and voice on video, audio, photographic, and electronic formats and all other media (“Recordings”); the right to use my name in connection with these Recordings; and an irrevocable right to use, reproduce, publish, republish, exhibit, edit, modify, or distribute, in whole or in part, without limitation, these Recordings and my name in all media without compensation for any purpose. I hereby release Releasees from all claims and demands arising out of or in connection with any use of Recordings, including, without limitation, all claims for invasion of privacy, infringement of my right of publicity, libel, defamation and any other personal and/or property rights which may exist now or in the future.
I agree, for myself and my Successors, that the above acknowledgements and representations are contractually binding, are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this Agreement, we shall be liable for the expenses (including court costs and reasonable legal fees) incurred by the Releasees in defending the claims.
Acknowledgements & Signature
I ACKNOWLEDGE I HAVE READ THIS ENTIRE WAIVER AND RELEASE CAREFULLY BEFORE SIGNING, UNDERSTAND ITS TERMS AND CONDITIONS AND WHAT THEY MEAN, THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND THAT THIS IS AN AGREEMENT WITH LEGAL AND BINDING CONSEQUENCES WHICH APPLIES TO ALL ACTIVITIES AT THE EVENT IN WHICH I PARTICIPATE.
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE, AND RELEASE FROM LIABILITY ALL RELEASEES PURSUANT TO THE TERMS AND STATEMENTS MADE ABOVE AND HEREIN.
I ACKNOWLEDGE THAT MY ELECTRONIC SIGNATURE SHALL BE DEEMED TO BE MY PERSONAL SIGNATURE AS IF I SIGNED IN PERSON, AND I WILL NOT ASSERT THAT MY ELECTRONIC SIGNATURE IS INVALID OR IMPROPER IN ANY MANNER OR FORM IN ANY VENUE OR COURT OF LAW.
I ATTEST I AM OF LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT IN THE COUNTRY, AND STATE OR PROVINCE IN WHICH I RESIDE, AND IN THE COUNTRY, AND STATE OR PROVINCE WHERE THE EVENT IS LOCATED; THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER [19 IN ALABAMA] (OR THAT IF I AM YOUNGER THAN THE LEGAL AGE WHERE I RESIDE OR WHERE THE EVENT IS LOCATED, OR LACK THE LEGAL CAPACITY TO ENTER INTO AN ENFORCEABLE CONTRACT (hereafter “Child”), MY PARENT OR LEGAL GUARDIAN HAS EXECUTED THE WAIVER AND RELEASE BELOW); I AM PHYSICALLY FIT AND SUFFICIENTLY TRAINED TO SAFELY PARTICIPATE IN ALL ACTIVITIES AT THE EVENT I PARTICIPATE IN; AND THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE, AND INTEND FOR MY SIGNATURE TO SERVE AS CONFIRMATION OF MY COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS, CONDITIONS AND PROVISIONS OF THIS AGREEMENT.