In consideration for being allowed to participate in the activities and events, including, without limitation, bicycle riding, training, and/or racing, test track rides, and skills courses, as applicable (collectively, the “Activities and Events”), conducted by or on behalf of Adrenaline Bike Works LLC (“Adrenaline Bike Works”), whether on its premises or otherwise, and to use the associated facilities and services, I, the undersigned participant, on behalf of myself, my heirs, executors, administrators, legal representatives and assigns, and as a parent or legal guardian of any participant under the age of 18 (individually and collectively, “Participant”), agree to the following terms and conditions of this Assumption of Risk, Waiver and Release Agreement (the “Agreement”): 1. Acknowledgment and Assumption of Risk. Participant acknowledges that the Activities and Events involve an extreme test of a person’s physical and mental limits and carry the potential for death, serious injury, and property loss. The risks associated with the Activities and Events include, but are not limited to, those caused by terrain, facilities, temperature, weather conditions, Participant conditioning, the condition of other participants, equipment, motorized vehicles, vehicular traffic, the actions or inaction of other people, including, but not limited to, participants, volunteers, spectators, coaches, event officials, and/or event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to athletes, but are also present for volunteers and anyone else desiring to participate in the Activities and Events. Participant hereby acknowledges, recognizes and assumes all of the risks of participating and/or volunteering in the Activities and Events.
2. Certification of Fitness and Knowledge of Rules. Participant certifies that Participant has sufficiently trained to be a participant in the Activities and Events and is physically fit to perform any and all of Participant’s duties, whatever they may be, and that Participant has not been advised of any unfitness to do so by a qualified medical person. Participant further certifies that Participant is familiar with the rules related to riding and racing a bicycle at the Activities and Events and/or by being an experienced cyclist. Participant hereby agrees to abide by these rules and any other rules that may be prescribed by Adrenaline Bike Works or event officials.
3. Release of Liability; Indemnification; Acknowledgement of Risk. Participant acknowledges that his/her injury, death or property loss may arise from negligence or carelessness on the part of Adrenaline Bike Works or any other actions or inactions of Adrenaline Bike Works or its employees and agents or the sponsors, organizers and event holders of the Activities and Events, or from the dangerous or defective equipment or other property owned, maintained or controlled by Adrenaline Bike Works. Participant hereby waives, releases, and discharges, on behalf of Participant and Participant’s executors, administrators, heirs, next of kin, successors, and assigns, Adrenaline Bike Works, partnering cycling clubs, and their respective council members, directors, officers, members, managers, employees, volunteers, agents, event holders, event promoters, event sponsors, event volunteers, event permit grantors, event property owners, and event participants (collectively, the “Releasees”), from any and all liability for Participant’s death, disability, personal injury, property damage, property theft, lost income, or any other losses, costs, or claims of any kind whatsoever, which may directly or indirectly accrue to Participant by virtue of Participant’s training for the Activities and Events, Participant’s participation in the Activities and Events, Participant’s volunteering for the Activities and Events, or Participant’s travel to or from any Activities and Events, including, without limitation, those due to the negligence, carelessness, or recklessness of the Releasees or due to any dangerous or defective equipment or property that is owned or that is negligently, carelessly, or recklessly maintained, operated or controlled by the Releasees. Participant hereby agrees to indemnify and hold the Releasees harmless from and against any and all liability, loss, damage or injury, costs and expenses (including attorneys’ fees and costs of any suit related thereto), suffered or incurred by Releasees arising from any of Participant’s actions whatsoever whether now or in the future, including, but not limited to, negligent or grossly negligent actions, or intentional or reckless misconduct, acts or omissions. Participant understands that there are inherent hazardous risks associated with the activity of bicycle riding, training, and/or racing which could include serious injury or death, and Participant freely assumes the risk of any and all injuries that Participant may sustain while using any facilities at which the Activities and Events are conducted. Participant accepts responsibility for the condition and adequacy of Participant’s equipment. Participant hereby represents that Participant will ride wearing a helmet which satisfies the requirements of the USA Cycling and/or the American Bicycle Association and which is capable of protecting against serious head injury. Participant further assumes all responsibility of liability of the selection of such helmet. Participant has no physical or medical condition which would endanger Participant or others if Participant participates in any Activities and Events, or which would interfere with Participant’s ability to participate in any Activities and Events. Participant understands that Adrenaline Bike Works does not carry insurance to cover participants in the Activities and Events, and Participant understands that he or she will need to have his or her own insurance coverage in case of any injuries.
4. Medical Treatment. In the event of an injury, accident, or illness, Participant hereby consents to receive medical treatment which may be considered necessary or advisable in the judgment of a licensed physician or medically trained personnel.
5. Use of Likeness. Participant understands that Participant may be photographed at the Activities and Events. Participant agrees to allow Adrenaline Bike Works, and event holders, producers, sponsors, organizers, and their assigns, without charge, to use Participant’s photo, video, or film likeness for any purpose.
6. Use of equipment. Participant understands that Participant may be permitted to borrow bicycles, wheels, and other equipment from Adrenaline Bike Works for use in the Activities and Events (collectively, “Equipment”). Participant understands that Participant assumes complete responsibility for the Equipment, including, but not limited to, the Equipment’s mechanical soundness, parts, tires, gears, chains and bolts. Participant has examined the Equipment and certifies that it is fit for Participant’s use. PARTICIPANT UNDERSTANDS THAT THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE TO THE FITNESS OR MECHANICAL SOUNDNESS OF ANY EQUIPMENT LOANED TO PARTICIPANT AND THAT ADRENALINE BIKE WORKS HEREBY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Participant certifies that Participant has or will examine any Equipment, including, but not limited to, tires, wheels, gear, chain, handlebar, seat and bolts, and other Equipment loaned to Participant to ensure that the Equipment is properly fit for Participant’s use and properly assembled and fit to ride and race. Participant agrees to return all Equipment loaned to Participant at the end of each Activity and Event for which Participant uses Equipment, and Participant understands that Participant may be assessed the replacement value of such Equipment if Participant does not promptly return it in the condition in which Participant received it.
7. Agreement to Be Bound. Participant certifies that Participant has read and understands the terms of this Agreement, and Participant acknowledges that this Agreement will be relied upon by Adrenaline Bike Works, its employees, agents, officers, members, managers, event holders, sponsors, and organizers of the Activities and Events, and that this Agreement will govern all of Participant’s training, participation, volunteering and all other actions and responsibilities at all Activities and Events.
8. Waiver and Severability. If any part of this Agreement, for any reason, is declared invalid or void, such declaration shall not affect the remaining portions of the Agreement which shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated. If Adrenaline Bike Works decides not to enforce a provision of this Agreement, such decision in favor of non- enforcement shall not constitute a waiver of the right of Adrenaline Bike Works to enforce that provision of the Agreement in the future.
9. Governing Law. This Agreement shall be governed for all purposes by Florida law without regard to conflicts of laws principles. 10. Term and Scope of Agreement. This Agreement shall apply to all Events and Activities in which Participant participates. This
Agreement shall be construed broadly to provide a release and wavier to maximum extent permissible under applicable law. 11. Modification and Amendment. No change, amendment or modification of this Agreement shall be made unless agreed to in writing by Adrenaline Bike Works. Dated: April 1, 2025 |
