In consideration for my participation in cycling (inclusive of road cycling, mountain biking, cyclocross, gravel grinding, BMX, etc.), bike racing, racing, training, weightlifting, personal training, aerobic conditioning, stretching, post and pre-ride activities, volunteer activities, and all other related activities, including, but not limited to, clinics, events, and/or tours (collectively, the “Activity”) hosted by, coached by, or with the assistance of Dylan Renn, and/or A Singletrack Mind LLC, a California limited liability company, and/or the officers, directors, employees, affiliates, agents, contractors, and other persons associated therewith (collectively, “ASM”), I HEREBY VOLUNTARILY AGREE to the following:
- I AGREE to maintain control at all times, observe and obey all posted rules and warnings which may be present at the location of the Activity or given by ASM, and follow and abide by any verbal and/or written instructions or directions given by ASM about the Activity, if any.
- I UNDERSTAND THAT THE ACTIVITY CAN BE DANGEROUS AND INVOLVES THE RISK OF SERIOUS BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY, AND EVEN DEATH. I further understand that there are inherent risks associated with the Activity, both known and unknown, including, but not limited to, equipment failure; collisions with natural and manmade objects; collisions with other participants; falling or being thrown off my bicycle; encountering steep, rocky, and/or uneven terrain; fatigue; exhaustion; dehydration; limited access to and/or delay of medical attention; negligence of others; etc.; which may result in mental and/or emotional distress from exposure to any of the foregoing; pulled and/or torn muscles, ligaments, and/or tendons; broken bones; sprains; joint injuries; and/or other injuries and/or losses, including, but not limited to, serious bodily injury or even death. I expressly assume any and all risk of injury, property damage, and/or death associated with my participation in the Activity.
- I ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF ASM. RECOGNIZING THE RISKS AND DANGERS, I UNDERSTAND THE NATURE OF THE ACTIVITY AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
- I FULLY RELEASE ASM and its subsidiaries, sponsors, promotors, affiliates, agents, officers, directors, employees, contractors, and/or assigns from liability and agree not to sue ASM for any and all claims and/or causes of action arising from my participation in the Activity, even if said claims and/or causes of action arise from ASM’s alleged negligence. I FURTHER AGREE TO RELEASE ASM from any and all liability arising out of my use of, or presence at, any facility or property used by ASM for the Activity, whether caused by the fault of myself, ASM, or other third parties.
- I AGREE that ASM may take and/or use photographs, videos, audio, and/or likenesses of me and/or my property, for trade, advertising, marketing, promotions, internet use, and/or any other purpose, print, digital or otherwise, without restriction or my approval. I hereby release ASM from any claim and/or liability relating to ASM’s right to take, use, alter, and/or composite said photographs, videos, audio, and/or likenesses. I UNDERSTAND AND AGREE that I will not receive any compensation, credit, and/or recognition for ASM’s use of such photographs, videos, audio, and/or likenesses.
- I AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND ASM against all claims, causes of action, damages, judgments, cost and/or expense, including attorney’s fees and other costs, which may in any way arise from my participation in the Activity or my use of, or presence at, any property or facility used by ASM. I FURTHER REPRESENT AND WARRANT that I am not currently experiencing symptoms of a Coronavirus or other communicable disease, including, but not limited to COVID-19, e.g. fever, shortness of breath, cough, etc., that I am not suspected of having COVID-19 or any other communicable disease, and that I have not been recently diagnosed with COVID-19 or any other communicable disease, and that to my knowledge I am not likely to infect anyone by my participation in the Activity. I AGREE that the venue for any legal or equitable claim that may arise from my participation in the Activity shall be the State of California, County of Nevada, Town of Truckee.
- I AGREE that ASM may call for medical care for me and may transport me to a medical facility or hospital if, in its sole opinion, medical attention is needed. In such an event, I AGREE to pay all costs associated with such medical care and/or transportation.
- This Agreement contains the entire agreement between the parties and supersedes any prior written and/or oral agreement. The provisions of this Agreement may only be waived, altered, amended, modified, revoked, or terminated, in whole or in part, in a subsequent written agreement specifically referring to this Agreement and signed by both parties. This Agreement shall stay in full force and effect following the completion of my participation in the Activity, and this Agreement will inure to the benefit of and be binding on the parties and their heirs, personal representatives, assigns, and other successors in interest of each party.
- This Agreement shall be construed, interpreted, and enforced in accordance with, and governed by, the laws of the State of California, except that this Agreement will not be construed in favor of or against either party, but in a manner that is fair to both parties, and without regard to conflicts of law principles.
- If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect, and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
- By signing this Agreement, I, under penalty of fraud, represent that I am at least 18 years of age, or that I am under 18 years of age and expressly authorize my parent and/or guardian to execute this Agreement on my behalf, and that I am mentally sound and have capacity to enter in this Agreement, and that I enter into this Agreement of my own free will and accord, voluntarily, without coercion, duress, or undue influence from any source.
- Participants under the age of 18 years are required to have a parent or legal guardian read and sign this Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE OF LIABILITY AND WAIVER OF CLAIMS AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS:
Date Signed: September 28, 2020