RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY! To: Cog Wild Bicycle Tour & Cascade Junior Cycling (“Cog Wild”) participants, In this agreement the term "Activities" shall include but is not limited to: road riding and mountain biking, instructional skill sessions, coaching, group rides, seminars, hiking, stretching, consumption of food and beverage, transportation to and from activities, and other such activities and services provided by Cog Wild in any way connected with or related to those activities or services above. ACKNOWLEDGEMENT - HEALTH AND SAFETY I hereby declare myself to be physically sound and suffering from no condition, impairment, disease, or other illness that would prevent my participation in the Activities, and I do hereby assume all responsibility for my participation. I acknowledge that I am required to wear an approved helmet while cycling. I am aware that the use of the bicycle is subject to any applicable Municipal and State traffic and/or park regulations and agree to inform myself of, and adhere to, those regulations. I am familiar with the proper use of the bicycle I will be using in the Activities. I am aware that there are technicians, guides or instructors available to answer any questions that I may have as to the proper use of the bicycle. I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time, I feel unable or unfit to safely continue for any reason. I understand that the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in the Activities. ASSUMPTION OF RISKS I am aware that the Activities involve many risks, dangers and hazards, and that injuries are a common and ordinary occurrence. These risks, dangers and hazards include but are not limited to: mechanical failure of the equipment; changing weather conditions; collision with natural or man-made objects including but not limited to exposed rock, snow, ice, earth, trees, stumps or branches on or adjacent to the terrain; collision or encounters with other cyclists, wildlife, pedestrians, vehicles, fences or posts; changes or variations in the cycling or hiking surface or sub-surface; streams, creeks and holes in the cycling or hiking surface; cliffs; crevasses; road-banks or cut banks; variation or steepness of terrain; difficulty or inability to control ones speed or direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; exposure to weather, becoming lost or separated from the guides or instructors or other participants; failure to cycle safely or within one's own ability or within designated areas; negligence of other cyclists or participants; allergy or other adverse reactions to provided food or beverage and NEGLIGENCE ON THE PART OF COG WILD AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, VOLUNTEERS, SPONSORS, SUCCESSORS, ASSIGNS, AND ALL OTHERS WHO ARE INVOLVED (all of whom are hereinafter collectively referred to as "THE RELEASEES") INCLUDING BUT NOT LIMITED TO THE FAILURE ON THE PART OF COG WILD TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for the Activities, and that many are unmarked. I am voluntarily participating in the Activities. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death or property damage and loss resulting there from due to any cause whatsoever and without limitation. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration for Cog Wild allowing me to participate in the Activities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING ORDINARY NEGLIGENCE (IN THE ACT OR OMISSION), BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, AS REFERRED TO ABOVE. 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, for any damage to property of or personal injury to any third party, resulting from my participation in the Activities; 3. In the event of an accident or injury, I AUTHORIZE Cog Wild and/or its service providers to obtain medical assistance deemed necessary in their discretion. I further assume responsibility to pay for any and all medical and emergency expenses, including transport, in the event of an accident or injury during the Activities regardless of whether I have subsequently authorized such expenses. 4. I grant permission to Cog Wild and their authorized third parties to use any photographs, video, recordings, or other record of Activities in which I am included for any lawful purpose. 5. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity; 6. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Oregon without any reference to its choice of law rules; and 7. Any litigation involving the parties to this Agreement shall be brought solely within Deschutes County Circuit Court and shall be within the exclusive jurisdiction of that court. 8. This release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oregon and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities other than what is set forth in this Agreement. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I HAVE READ THIS ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Cog Waiver minor content Cog Wild Bicycle Tours 19221 SW Century Drive, Bend OR 97702 RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY! To: Cog Wild Bicycle Tour & Cascade Junior Cycling (“Cog Wild”) participants, In this agreement the term "Activities" shall include but is not limited to: road riding and mountain biking, instructional skill sessions, coaching, group rides, seminars, hiking, stretching, consumption of food and beverage, transportation to and from activities, and other such activities and services provided by Cog Wild in any way connected with or related to those activities or services above. ACKNOWLEDGEMENT - HEALTH AND SAFETY I hereby declare myself to be physically sound and suffering from no condition, impairment, disease, or other illness that would prevent my participation in the Activities, and I do hereby assume all responsibility for my participation. I acknowledge that I am required to wear an approved helmet while cycling. I am aware that the use of the bicycle is subject to any applicable Municipal and State traffic and/or park regulations and agree to inform myself of, and adhere to, those regulations. I am familiar with the proper use of the bicycle I will be using in the Activities. I am aware that there are technicians, guides or instructors available to answer any questions that I may have as to the proper use of the bicycle. I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time, I feel unable or unfit to safely continue for any reason. I understand that the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in the Activities. ASSUMPTION OF RISKS I am aware that the Activities involve many risks, dangers and hazards, and that injuries are a common and ordinary occurrence. These risks, dangers and hazards include but are not limited to: mechanical failure of the equipment; changing weather conditions; collision with natural or man-made objects including but not limited to exposed rock, snow, ice, earth, trees, stumps or branches on or adjacent to the terrain; collision or encounters with other cyclists, wildlife, pedestrians, vehicles, fences or posts; changes or variations in the cycling or hiking surface or sub-surface; streams, creeks and holes in the cycling or hiking surface; cliffs; crevasses; road-banks or cut banks; variation or steepness of terrain; difficulty or inability to control ones speed or direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; exposure to weather, becoming lost or separated from the guides or instructors or other participants; failure to cycle safely or within one's own ability or within designated areas; negligence of other cyclists or participants; allergy or other adverse reactions to provided food or beverage and NEGLIGENCE ON THE PART OF COG WILD AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, VOLUNTEERS, SPONSORS, SUCCESSORS, ASSIGNS, AND ALL OTHERS WHO ARE INVOLVED (all of whom are hereinafter collectively referred to as "THE RELEASEES") INCLUDING BUT NOT LIMITED TO THE FAILURE ON THE PART OF COG WILD TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for the Activities, and that many are unmarked. I am voluntarily participating in the Activities. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death or property damage and loss resulting there from due to any cause whatsoever and without limitation. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration for Cog Wild allowing me to participate in the Activities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING ORDINARY NEGLIGENCE (IN THE ACT OR OMISSION), BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, AS REFERRED TO ABOVE. 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, for any damage to property of or personal injury to any third party, resulting from my participation in the Activities; 3. In the event of an accident or injury, I AUTHORIZE Cog Wild and/or its service providers to obtain medical assistance deemed necessary in their discretion. I further assume responsibility to pay for any and all medical and emergency expenses, including transport, in the event of an accident or injury during the Activities regardless of whether I have subsequently authorized such expenses. 4. I grant permission to Cog Wild and their authorized third parties to use any photographs, video, recordings, or other record of Activities in which I am included for any lawful purpose. 5. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity; 6. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Oregon without any reference to its choice of law rules; and 7. Any litigation involving the parties to this Agreement shall be brought solely within Deschutes County Circuit Court and shall be within the exclusive jurisdiction of that court. 8. This release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oregon and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities other than what is set forth in this Agreement. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I HAVE READ THIS ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. DATED: April 19, 2024 |
