WAIVER AND RELEASE OF CLAIMS
ASSUMPTION OF RISKS | INDEMNITY AGREEMENT
PLEASE READ CAREFULLY
- I am aware that there are many known & unknown dangers & risks associated with participation in this Activity, including the risk of serious injury or death which are inherent in cycling, walking, exercise, food tasting, and related activities. These inherent risks include, but are not limited to, the dangers of food sickness, allergic reactions, choking, serious personal injury, exercise and exertion, physical contact with other vehicles, other individuals and road hazards, falling or tripping due to road hazards, uneven surfaces and debris, falling off the vehicle, and other hazards associated with travel in a vehicle. I further acknowledge and understand that these injuries and damages cannot be eliminated without destroying the unique character of the vehicle.
- I assume, without qualification or limitation, all of these known or unknown dangers and risks.
- I acknowledge that I am physically, emotionally and mentally able to participate in this Activity and that my attire and my equipment, if any, is safe and suitable for use in this Activity.
- I accept full responsibility for understanding and following the rules and safe practices associated with participation in this Activity and I accept that full responsibility for my personal safety rests with me at all times.
- I will immediately remove myself from participation, and notify the officials of City On Pedals if at any time I sense or observe any change in my physical, mental or emotional fitness for continued participation in the Activity.
- Consent to Medical Treatment. I authorize City On Pedals to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon City On Pedals to provide such assistance, transportation, or services.
- I RELEASE, WAIVE and FULLY DISCHARGE City On Pedals and its officers, directors, employees, agents, and representatives, and any other person, organization or entity involved in the Activity (all of whom are collectively referred to elsewhere in this document as “City On Pedals”), from any and all claims, demands, obligations and liabilities of any kind or nature whatsoever arising from or connected, directly or indirectly, with my presence at or participation in the Activity due to any cause whatsoever, including NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT AND BREACH OF ANY STATUTORY DUTY OR OTHER DUTY, and I accept that this release covers and includes, but is not limited to, all unknown and unforeseen claims, injuries, damages and losses, and any consequences thereof.
- I fully understand that City On Pedals has not tried to contradict or minimize my understanding of these risks. I know that injuries and damages can occur by natural causes of other persons, other users, and staff of City On Pedals or other third parties, either as a result of negligence or because of other reasons. I understand the risks of such injuries and damages involved in the vehicle and I appreciate that I MAY have to exercise care for my own person and for others around me in the face of such hazards. I further understand that there may not be medical personnel or medical facilities or expertise necessary to deal with the injuries and damages to which I may be exposed.
- I have read this document thoroughly and I understand that, by signing it, I will WAIVE AND GIVE UP IMPORTANT LEGAL RIGHTS, including the right to sue. I have been afforded a full and unconstrained opportunity to withdraw from the Activity, should I not wish to assume all of the dangers and risks associated with it, but I have freely and voluntarily elected to assume all of these dangers and risks, to give up important legal rights as set out in this document, and to participate in the Activity.
- Should any provision or any part of any provision of this Assumption of Risks Waiver and Release of Claims Indemnity Agreement (hereby referred to as the “Contract”) be held to be invalid or legally unenforceable for any reason, the remaining sections of the contract shall not be affected thereby and shall remain valid and fully enforceable.
- I hereby grant to City On Pedals the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tour, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). City On Pedals has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that City On Pedals is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to City On Pedals an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY. BY RESERVING A SLOT FOR AND PARTICIPATING IN THE TOUR, I REPRESENT THAT I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOUR, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOUR BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.