PARTICIPATION AGREEMENT
WAVIER AND RELEASE
You must agree to these terms before participating in any Orem Youth Cycling Association (“OYCA”) Event. If you are under age 18, your parent or guardian must agree to these terms. Read this Agreement in full; it affects your legal rights. You are agreeing to assume risks, which could result in serious injury; to waive claims against OYCA and others; to indemnify OYCA and others; and to consent to emergency medical treatment. 1. Definitions. As used herein: a. “OYCA” refers to the Orem Youth Cycling Association and includes its officers, directors, agents, employees, and/or volunteers; b. “Releasees” includes OYCA as previously defined as well as sponsors, organizers, property owners, law enforcement agencies, local governments, and other public entities connected with an OYCA Event and each of their respective officers, agents, employees, and volunteers (collectively “Releasees”); c. “Events” or “OYCA Event” means any OYCA sponsored activity which includes but is not limited to OYCA meetings, team parties, and other Recreational Activities as defined below; and d. “Recreational Activities” means cycling and any other recreational activity or action sport involving a high degree of risk including but not limited to canyoneering, rappelling, climbing, spelunking, water skiing, zip lining, and scuba diving. 2. Rules and Responsible Cyclist. I accept and shall abide by the bicycle laws of the State of Utah and OYCA’s rules and regulations. I agree to ride responsibly to avoid endangering myself or others as much as is reasonably possible. If I observe any unusual significant hazard related to or during an Event, I will remove myself from participation and inform OYCA of the hazard immediately. 3. Physical Fitness. I am of sufficient health and fitness to safely participate in OYCA Events. If at any time I or a medical professional feel that the foregoing statement is no longer true, then I will immediately remove myself from participation in OYCA Events. 4. Equipment. I am responsible for providing my own equipment including my bicycle, clothing, safety gear, and other equipment (“Equipment”) necessary and/or recommended for an OYCA Event. My Equipment is sufficiently maintained to allow me to participate safely in OYCA Events and I accept responsibility for the condition and adequacy of my equipment. 5. Experience. I have sufficient knowledge and experience to recognize my cycling abilities and limits and/or abilities and limits relevant to any OYCA Event involving other Recreational Activities. I agree to ride and/or participate within my abilities and exercise caution when riding or participating in any OYCA Event. I have either familiarized myself with the locations at which Events will be held generally, and the course specifically, or hereby voluntarily forgo that opportunity. 6. Knowledge of Risk. I understand that given the nature of Recreational Activities these activities involve inherent risks, hazards, and dangers that cannot be eliminated. I acknowledge that while some of the unwanted risks of Recreational Activities can be eliminated, the very nature of these said activities makes it impossible and undesirable to eliminate all the risks involved – thus injuries can and do result from such risks. I am aware and acknowledge that the man-made, mechanical, and environmental conditions inherent to OYCA Events independently or in a combination can result in physical, emotional, and/or economic injuries to myself, to property, or to third parties. I am aware that these injuries may include but are not limited to BRUISES, BROKEN BONES, SPINAL INJURIES, PARALYSIS, BRAIN INJURIES, PERMANENT PHYSICAL OR MENTAL DISABILITY, AND EVEN DEATH. 7. Acceptance of Risk. I acknowledge that I have taken advantage of the opportunity to learn about the risks associated with Recreational Activities and the Events or that I hereby forego that opportunity. I hereby accept and assume all risks associated with attending and/or participating in OYCA Events. I acknowledge that I alone am responsible for my personal safety and the injuries, damages, and related costs incurred by third parties because of my participation in OYCA Events. I HEREBY ASSUME THE ASSOCIATED RISKS DESCRIBED HEREIN AND ACCEPT ALL RESPONSIBILITY FOR THE RISKS, CONDITIONS, AND HAZARDS WHICH MAY EXIST DURING OYCA EVENTS WHETHER I, AT THE TIME I SIGNED THIS AGREEMENT, COULD FORESEE THE SPECIFIC RISK, CONDITION, OR HAZARD THAT RESULTS IN INJURY. 8. Consent to Medical Treatment. I authorize OYCA to provide me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services should I require such assistance, transportation, or services as a result of injury or damage related to my participation in OYCA Events and I shall bear the cost of any such medical treatment that is provided. This consent does not impose a duty upon OYCA to provide such assistance, transportation, or services. 9. Property Damage Waiver. In the unlikely event of the breakage, damage, loss, or theft of my Equipment, other personal belongings, or other property owned or controlled by me relating in any way to an Event, I am aware and acknowledge that I alone am responsible for said breakage, damage, loss, or theft. I HEREBY WAIVE, IN ADVANCE, ANY CLAIMS THAT I MAY HAVE AGAINST THE RELEASEES FOR BREAKAGE, LOSS, OR THEFT TO MY EQUIPMENT, OTHER PERSONAL BELONGINGS, OR OTHER PROPERTY CONTROLLED BY ME RELATING IN ANY WAY TO AN EVENT AND EITHER OF THE FOLLOWING: (A) MY CHOOSING TO PARK ANY VEHICLE, INCLUDING A BICYCLE, OWNED OR CONTROLLED BY ME IN ANY AREAS CONTROLLED BY OYCA AND (B) MY CHOOSING TO GIVE POSSESSION OF ANY OF THE PROPERTY LISTED ABOVE TO ANY RELEASEE. I am aware and acknowledge that my own behavior and actions during an Event may cause damage to the Equipment or property of another. I HEREBY ACKNOWLEDGE THAT I ALONE AM RESPONSIBLE FOR PROPERTY DAMAGE TO OYCA PROPERTY OR THE PROPERTY OF THIRD PARTIES WHOSE PROPERTY IS BEING UTILIZED FOR AN EVENT WHICH DAMAGE IS CAUSED BY MY OWN BEHAVIOR AND ACTIONS. 10. Insurance Coverage. I currently have and shall maintain throughout the time that I participate in the Events, valid and sufficient insurance (be it property, medical, accident, disability, or life insurance) to protect myselfor I hereby waive the opportunity to obtain such. OYCA has not represented to me that OYCA’s insurance provides adequate coverage to me if I am injured while participating in an Event. I understand that OYCA’s insurance does not provide adequate coverage to me if I am injured while participating in an Event. 11. Indemnification. I agree to be responsible for bearing any and all costs, expenses and damages sustained by me (or those who depend upon me, or who are responsible for me) that arise out of or related to any claim released by this Agreement. As such, I hereby agree to hold harmless, and indemnify OYCA and the Releasees (that is, defend and pay any judgments or costs, including investigation costs and attorneys’ fees) from any and all claims of mine—and of any spouse, parent, guardian, child, heir, representative or assign of mine—arising from loss or damages (be it property or personal-injury related) due to my attendance at or participation in an Event. 12. WAIVER OF RIGHT TO SUE. I UNCONDITIONALLY WAIVE THE RIGHT TO SUE OYCA AND THE RELEASEES FOR DAMAGES, ILLNESS, INJURY, OR DEATH ARISING OUT OF OR RELATING TO PARTICIPATION IN ANY OF THE EVENTS. THIS WAIVER INCLUDES CLAIMS ARISING FROM AND RELATING TO THE NEGLIGENCE OF OYCA AND THE RELEASEES. 13. Permission to Use my Likeness. I give OYCA my permission to use my image without payment in any OYCA materials including but not limited to photos, videos, or other recordings taken during any Event. 14. Entire Agreement. I understand that this Agreement is the final agreement between myself and OYCA and that it supersedes any oral or written promises. I understand that any representation and/or statement of any agent or employee of OYCA does not constitute the modification of this Agreement. 15. Severability. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, then that provision will be deemed severed from the terms of this Agreement and will not affect the validity or enforceability of the remaining terms of this Agreement. 16. Utah Law and Courts. Any claims arising from this Agreement or Your participation in the Events shall be governed by Utah law. The Fourth District Court of the State of Utah shall have exclusive jurisdiction regardless of where the incident giving rise to any lawsuit occurs without regard to any jurisdiction’s conflict of laws analysis. 17. Dispute Resolution. Notwithstanding the foregoing, if a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 18. Binding Effect. I intend these Agreements to be binding upon me, and any spouse, parent, guardian, heir, executor, assigns or success of mine (“Successors”). To the extent I have the authority to waive or release any claim that may in the future belong to any Successor arising out of relating to my participation in or attendance at the Events. I hereby, by this Agreement, waive and release such claims. 19. My Acknowledgments. By signing below, I represent and warrant that the following statements are true: a. I have read and understand this Agreement; b. I understand that by signing below I am giving up important legal rights that I might otherwise have; and c. I am entering into this Agreement and choosing to participate in the Events without compulsion and by my own free will.
Date Signed: April 27, 2024
If the athlete or volunteer is less than 18 years of age as of the date of this Agreement, then a parent or legal guardian must enter in this Agreement on behalf of the athlete or volunteer by signing below.
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