BikeMaine 2015 – Release of Liability and Assumption of Risk Agreement




 

RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

BikeMaine 2015 and Bicycle Coalition of Maine

In consideration of being permitted to participate in BikeMaine 2015 and any related events and activities (collectively the
“Event”), the undersigned, for himself or herself, and his or her personal representatives, heirs, spouse, parents, siblings,
and children, hereby acknowledges and agrees to the following.

1. I acknowledge and agree that riding bicycles on roads and highways and my participation in this Event bears known and unknown risks which could result in injury, death, illness, disease, or damage to me, to my property, or to other parties. Risks include, but are not limited to, those caused by terrain, road conditions, facilities, temperature, weather, my physical condition, equipment, vehicular traffic, and actions of other people including participants, volunteers, spectators, and/or the Released Parties (as defined below). I acknowledge that the Released Parties have made no representations or guarantees as to the safety of the Event to me, and that I KNOWINGLY AND FREELY ASSUME ALL RISKS ASSOCIATED WITH THE EVENT, whether known or unknown.

2. I, for myself and on behalf of my heirs, assigns, and personal representatives, VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO HOLD HARMLESS AND INDEMNIFY BikeMaine, Bicycle Coalition of Maine, volunteers in the Event, sponsors or advertisers of the Event, and if applicable, owners and lessors of premises used to conduct the Event, and all officers, agents, volunteers, contractors, and employees of each of the foregoing persons or entities, all of whom shall collectively be referred to as the “Released Parties,” or individually as a “Released Party,” from any and all liability, claims, demands, or actions for any injury, illness or death to me, or for injury or damage to my property or for which I may be liable to others, which are in any way connected with or related to my participation in the Event. I AGREE AND UNDERSTAND THAT THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF MAINE, INCLUDING THE NEGLIGECE OF ANY OF THE RELEASED PARTIES.

3. I hereby represent that I am physically capable of participating in this Event; that my bicycle and any other equipment I may use to participate in the Event are in good working condition; and that I will observe all applicable traffic laws and Event rules, will wear a helmet that meets the ANSI or SNELL bicycle safety standards, ride no more than two abreast, obey all pertinent traffic laws and the directions of all traffic control personnel, carry adequate drinking water, use   appropriate hand signals when turning, be equipped with proper lighting if riding between sunset and sunrise or in other conditions of poor visibility, and generally conduct myself in a safe and prudent manner while participating in the Event. I acknowledge that I will be unsupported and not considered part of the Event should I deviate from the official course and hours of course operation and will be responsible for my safety and welfare should I deviate from the course and hours of operation.If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest representative of the organizer immediately.

4. I hereby consent to and permit emergency treatment in the event of injury or illness while participating in the Event.

5. I give permission to BikeMaine and the Bicycle Coalition of Maine, and their assigns and licensees, to use my name and                  any photographs or video media taken of me during the Event in any promotional materials, events, or publications.

6. I represent that without the permission of the organizer of the Event I will not transfer my right to participate in the Event to any other party, or encourage any other party to participate in the Event, unless registered with the organizer, and will hold harmless and indemnify the Released Parties from any liability of the Released Parties because this representation is found to be untrue.

ALL DISPUTES BETWEEN MYSELF AND ANY RELEASED PARTY ARISING FROM MY PARTICIPATION IN THE EVENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF MAINE, AND THE EXCLUSIVE JURISDICTION THEREOF SHALL BE IN THE STATE COURTS OF THE STATE OF MAINE, AND THE VENUE FOR THESE DISPUTES SHALL BE IN CUMBERLAND COUNTY, MAINE.

IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON OR UNDER ANY CIRCUMSTANCE, IT IS INTENDED THAT ALL OTHER TERMS WILL BE ENFORCED IN ALL OTHER CIRCUMSTANCES.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND I INTEND MY SIGNATURE TO CONSITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF MAINE.

I HAVE NOT RELIED ON THE ADVICE OR INPUT OF ANY RELEASED PARTY ABOUT THE INTERPRETATION OR EFFECT OF THIS AGREEMENT, AND FURTHER ACKNOWLEDGE THAT NO RELEASED PARTY HAS THE AUTHORITY TO MAKE ANY REPRESENTATIONS CONCERNING THE INTERPRETATION OR EFFECT OF THIS AGREEMENT, OR TO VERBALLY LIMIT OR MODIFY ANY TERM OF THIS AGREEMENT.


 

Print Name __________________________________________

Signed:_______________________________________    Date Signed:____________

(PARTICIPANT SIGNATURE)

 


 

REQUIRED FOR PARTICIPANTS UNDER AGE 18 AT TIME OF REGISTRATION

The undersigned parent, or legal or natural guardian of a minor participant, for and on behalf of myself, the minor participant, and our heirs, assigns, and legal representatives, consent to the terms of the Release of Liability and Assumption of Risk Agreement set forth above. All references above to “I”, “me”, “myself”, or “my” shall refer to myself and to the minor participant. I represent that I have the legal authority to sign this Release of Liability and Assumption of Risk Agreement on behalf of the minor participant and will hold harmless and indemnify the Released Parties (as defined therein) from any liability that may be imposed against such parties because this representation is found to be untrue.                                                         r

X________________________________________ Date Signed:

(PARENT/GUARDIAN SIGNATURE)

Print Name of Parent/Guardian__________________________________

Emergency Phone #(s)______________________________

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