RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS DOCUMENT PHYSICALLY OR ELECTRONICALLY YOU ACKNOWLEDGE THE RISKS INHERENT IN CYCLING
AND WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY!
In this Release Agreement the term “cycling” includes all cycling and bike-related activities including, but not limited to, guided descents and ascents, clinics, lessons, camps, and private instruction (hereinafter “riding”); the term “NAA” refers to Network For Advancing Athletes Inc.
PARTIES This Release Agreement is between Network For Advancing Athletes Inc., including members of the Board of Directors, mentors, affiliates, subsidiaries, employees, representatives, contractors, volunteers, and agents (hereinafter “the Releasees”), and the individual registering for an NAA event (hereinafter “the Rider”).(____ Initials)
ASSUMPTION OF RISKS Cycling takes place on on varied terrain and in unpredictable conditions, including but not limited to: roads which are open to traffic and which may feature hazards such as potholes, debris, motor vehicles, other cyclists, animals, natural elements, etc.; dirt and/or gravel roads, which are open to traffic and which may feature hazards such as rocks, roots, cacti, animals, water crossings, vehicles, other cyclists, natural elements, etc.; and other steep, rugged, and challenging terrain and features, and will expose the rider to many risks, dangers, and hazards. Falls and collisions occur frequently. Bicycles and related equipment may be placed under extreme stress and can malfunction. Helmets are mandatory. Rider’s personal equipment including helmet, shoes, cleats, bicycle, and related gear and components must be in safe working order prior to participation in any cycling activities. As with many adventure sports, cycling involves the risk of injury, including serious injury, head injury, paralysis or death. The risk of injury increases with the degree of difficulty of the terrain and speed. Although the risk of injury can never be eliminated, the Rider can manage the risk through controlling speed and choosing terrain appropriate for the Rider’s skill and experience. What roads, features, routes, and trails the Rider chooses to ride is always at the discretion of the Rider, not the instructor or mentor or coach or anyone else.(____ Initials)
The Rider agrees and understands that she will be held to assume the risk of all road, trail, and course conditions, including but not limited to weather conditions, traffic, trail and course layout and construction, hidden or concealed obstacles, and potential collisions with other riders, vehicles, and wildlife. The Rider has the right to stop and visually inspect course and trail conditions and may choose not to ride sections or features that she considers to be too dangerous, risky, or unsafe for a rider of her skill level.(____Initials)
WAIVER, RELEASE OF LIABILITY As the Rider, I agree to waive any and all claims and to release Network For Advancing Athletes Inc., members of the Board of Directors, mentors, affiliates, subsidiaries, employees, representatives, contractors, volunteers, and agents (“the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that I or my next of kin may suffer as a result of riding with Releasees, due to any cause whatsoever, including negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees. I understand that the foregoing release covers failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers, and hazards of riding. I also realize that Releasees may not have wilderness first aid and/or CPR training or that Releasees’ first aid and/or CPR training might have expired; that Releasees are not trained as medical doctors, nurses, or emergency medical technicians; that all Releasees may be able to do in case of an accident is attempt to call the appropriate medical personnel; and that Releasees have no control over how long it will take for the medical personnel to arrive at the scene of an accident.(____Initials)
As the Rider, I acknowledge that the decision to attempt any road, climb, descent, trail, trail feature, maneuver, skill, or obstacle encountered while riding with Releasees, was made entirely by me, without coercion or influence by Releasees, and with a full understanding and awareness of the risks to me associated with such road, climb, descent, trail, feature, maneuver, skill, or obstacle. I waive any right to a jury trial for any claims arising from or related to any services provided by Releasees, and I acknowledge that claims shall be submitted to binding arbitration, and that the agreement shall be governed by and interpreted under the laws of the state of Connecticut. I acknowledge and agree that should any part of the Agreement be determined to be void or unenforceable by a court of law, the remainder of the waiver will remain binding on the parties.(____Initials)
As the Rider, I represent and warrant that I am in good health and have no medical conditions or disabilities that restrict or impede my ability to participate in riding. I acknowledge that I have all necessary medications or aids that I might require in the event of a known medical issue (such as allergy medications, epi-pens, etc.). I acknowledge that I’m not relying on Releasees for medications. I am not relying on Releasees to provide first-aid or any other medical treatment, and I waive any claim against Releasees to provide medical treatment or care of any kind during the riding. I agree that the Releasees are authorized to obtain medical care for me or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed. I further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to me. I agree to pay all costs associated with such medical care and related transportation and to indemnify and hold harmless Releasees from any costs or claims arising from such medical care and related transportation. I have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries I suffer while riding. I understand that this is my sole responsibility and release the Releasees from any claim or responsibility for not providing such coverage, or any failure to obtain and maintain such coverage.(____Initials)
I further agree to defend, indemnify, and hold harmless Releasees from any and all claims brought by third parties which arise in whole or in part from riding with Releasees.(____Initials)
RESPONSIBILITY CODE Network For Advancing Athletes Inc. and its mentors, affiliates, and volunteers are committed to promoting cycling safety awareness through all of our activities. In addition to other cyclists, you may be sharing the road or trail with other cyclists, motorists, pedestrians, animals, and others. Always follow the law, show courtesy to others, and be aware that there are elements of risk in cycling that common sense and personal awareness can help reduce. Know your ability level and stay within it. Help promote safety awareness. Observe the RESPONSIBILITY CODE shown below and share the responsibility for a great outdoor experience.
1. Obey all traffic laws, traffic signals, signs, park rules, trail rules, posted signs, and warnings.
2. Wear a helmet at all times while on the bicycle.
3. Always stay in control, and be able to stop or avoid other people and objects.
4. It is your responsibility to keep yourself safe, but look out for and consider those around you.
5. You must not stop where you obstruct a road, intersection, or trail, or are not visible.
6. Follow the instructions and requests of the mentors; their goal is to help keep you and your fellow riders safe.
7. Where safe and possible, point out obstacles and hazards to others.
8. Keep off closed trails and out of closed areas.
9. Prior to taking part in any NAA activity, you must understand these responsibilities and have the health, skill, and awareness to abide by them at all times during the activity.
This is a partial list. Be safety conscious. Must be agreed to before registering and/or participating in any NAA-affiliated event. Any failure to adhere to this code is grounds for immediate dismissal from the event.(____Initials)
BINDING AGREEMENT, PARENTAL RESPONSIBILITY This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. If this Agreement is being signed by a parent or legal guardian on behalf of a child who is a minor, the undersigned parent or legal guardian acknowledges that he/she is signing this Agreement on behalf of him/herself and on behalf of the child, and that the child is bound by all the terms of this Agreement. This Agreement shall be binding upon the parent’s and child’s assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives. By submitting an electronic registration form via any page of http://advancingathletes.org to register for any event, and by indicating on that registration form that she has read and agreed to this Release Agreement and the Responsibility Code, the Rider hereby agrees that so doing constitutes her initials and signature in electronic form and renders all parts of this Agreement and Responsibility Code legally binding.
I am signing below because I have read and agree to this Release Agreement and the Responsibility Code.
Date _______Print Name____________________Signature___________________________
I’m signing because I, the minor, acknowledge that I was involved in the decision process of accepting the above described conditions of this Waiver and Release.
Print Minor’s Name_________________________Signature________________________