<Event Name> ACCIDENT WAIVER AND RELEASE OF LIABILITY
ACCIDENT WAIVER AND RELEASE OF LIABILITY
1. I acknowledge that <Event Name> (“Event”) is an extreme
test of a person’s physical and mental limits and carries with it the
potential for death, serious injury, and property loss. I assume
these risks. The risks include, but are not limited to, those caused
by accidents, terrain, facilities, temperature, weather, condition of
athletes, equipment, condition of others’ equipment, vehicular
traffic, illness, actions of other people including, but not limited to,
participants, volunteers, spectators, coaches, Event officials, and
Event monitors, and/or producers of the Event, and lack of
nutrition, hydration, and fitness. These risks are not only inherent
to athletics but are also present for volunteers. I hereby assume
all of the risks of participating and/or volunteering in the Event. I
realize that liability may arise from negligence, recklessness, or
carelessness on the part of the persons or entities being released,
from dangerous or defective equipment or property owned,
maintained or controlled by them or because of their possible
liability without fault.
2. I certify that I am physically fit and health and have sufficiently
trained to be a participant in the Event and have not been advised
otherwise by a qualified medical person.
3. I acknowledge that this Accident Waiver and Release of
Liability (“AWRL”) form will be used by and relied upon by Event
holders, sponsors and organizers, in any and all Events in which I
may participate and that it will govern my actions and
responsibilities at any Events.
4. I understand that I am choosing to participate in the Event and I
have the option to not participate in the Event. In consideration of
my application and permitting me to participate in the Event, and
all activities related to or connected with this Event, including
travel to and from the Event or any series including the Event, I
hereby take choose and action for myself, my executors,
administrators, heirs, next of kin, successors, and assigns as
follows: (A) Waive, Release and Discharge the Eastern Fat Tire
Association (“EFTA”), its directors, officers, employees, volunteers, agents,
attorneys, insurers, affiliates, Event holders, Event promoters,
Event sponsors, Event volunteers, Event permit grantors, Event
property owners, and Event participants (collectively
“Releasees”), from any and all liability for my death, disability,
personal injury, illness, property damage, property theft, lost
income, or any other losses, costs or actions of any kind which
hereafter may accrue to me by virtue of my training for the Event,
my participation in the Event, my travel to or from the Event, or
any other conduct by me related to the Event; (B) Indemnify and
Hold Harmless Releasees from any and all liabilities or claims
made by other individuals or entities as a result of any of my
actions during the Event; (C) Covenant not to sue Releasees and
agree that I will not make any claim against Releasees for injury,
illness, damages, death, or any other loss arising from or related
to my participation in the Event. I understand that if I attempt to
sue Releasees in violation of this agreement, Releasees may
seek to recover all of their costs, including legal fees. I agree to
indemnify, hold harmless, and defend Releasees from and
against any and all actions, causes of action, claims, charges,
demands, losses, damages, costs, attorney’s fees, judgments,
liens, indebtedness and liabilities of every kind and character,
whether known or unknown, including foreseen or unforeseen
bodily injury, illness, and personal injuries and property damage
that may be sustained by me or any other person in any way
connected to, related to, or arising out of my participation in the
Event.
5. I hereby consent to receive medical treatment which may be
deemed advisable in the event of injury, accident and or illness
during the Event.
6. I understand that at Event or related activities, I may be
photographed. I agree to allow my photo, video or film likeness to
be used for any legitimate purpose by the Event holders,
producers, sponsors, organizers and or assigns.
7. IMPORTANT: EFTA and the organizers of this race do not
provide insurance coverage for injuries that occur at the Event.
The costs related to those injuries are the responsibility of the
individual participant.
8. Bicycle use: Bicycles or bicycle equipment, wheels or other
components may be loaned or borrowed for use in the Event. A
nominal charge may be collected to cover bicycle maintenance
and purchase. This is a loan and does not constitute a rental
agreement. I understand that I assume responsibility for the
mechanical soundness of any bicycle and its parts, including but
not limited to tires, gears, wheels, spokes, hubs, chain, bolts, and
all other bicycle parts. I have examined or will examine the bicycle
and certify that it is properly assembled and fit to ride. I accept
responsibility for damaged or lost equipment.
9. The AWRL shall be construed broadly to provide a release and
waiver to the maximum extent permissible under applicable law. I
understand that I am giving up substantial rights, including my
right to sue Releasees for injuries resulting from the inherent risks
of cycling and the ordinary negligence of Releasees. I
acknowledge that I am signing this agreement freely and
voluntarily, and intend my signature to be a complete and
unconditional release of all liability to the greatest extent permitted
by law.
10. I hereby certify that I have read this document; and, I
understand its content.