I, the participant or volunteer named below, want to participate in the practices, camps, and activities identified below. In consideration of Hub Youth Cycling, a Tennessee not-for-profit corporation, allowing me to attend and participate in those events, practices, camps, and activities, by signing below I agree as follows: 1. Definitions. As used herein: (a) the term “HUB” refers to Hub Youth Cycling, and its chapters and/or program areas; (b) the term “Activity” means the current season of HUB-related practices, camps, trips and those activities sponsored, controlled or organized by HUB during the current season, which I attend or in which I participate on the day of any of the Activity; and (c) the term “Released Parties” means (i) HUB, (ii) HUB’s officers, directors, employees and agents, and (iii) any person HUB has agreed to indemnify as to claims made by Activity participants (such as, but not limited to, owners of the property on which any of the Activity occur). 2. My Knowledge of Risks. Cycling is an action activity, enjoyed by millions of people worldwide. It offers participants exercise, and an opportunity to develop skill, strength and endurance, and to enjoy life and test one’s abilities against others and nature. Cycling attracts participants because of the elements of fun, skill and physical and mental challenges resulting, in part, from the risk and danger involved. Cycling should always be done with safety as the utmost priority. The organizers of the Activities are endeavoring to provide a place for cycling participation and cycling-related activity venues, but want you to understand that that while some of the unwanted risks of cycling can be eliminated, the very nature of cycling makes it impossible, and undesirable, to eliminate all of the risks involved – thus injuries can and do result from such risks of participation. The organizers of the Activities want you to understand that CYCLING IS AN ACTIVITY THAT INVOLVES A LEVEL OF DANGER AND THAT INJURIES and DEATH CAN AND DO OCCUR. I acknowledge that I know that given the nature of the sport, cycling is an activity that carries with it significant risk of serious personal injury. I know there are natural, man- made, mechanical and environmental conditions and risks that independently or in combination can result in participants in the Activities sustaining injury (including permanent disability, mental-injury, or paralysis), or in rare situations, sustaining injuries that result in death. I acknowledge that I have taken advantage of the opportunity to learn about the risks associated with cycling and the Activities, or that I hereby voluntarily forgo that opportunity. I have either familiarized myself with the locations at which Activities will be hosted generally, and the cycling locations specifically, or hereby voluntarily forgo that opportunity. Before participating in any of the cycling-related events included in the Activities, I will ask HUB questions for venue and activity-related understanding and will not participate in the activity, if I believe the activity venue and cycling-related activities are unsafe, or beyond my abilities, and I will inform the activity director of that decision, and my reasons for that decision, prior to the activity. 3. My Acceptance of Risks. I hereby accept and assume all risks associated with attending and/or participating in the Activities, and I acknowledge that I alone am responsible for my personal safety. I agree to accept all responsibility for the risks, conditions and hazards which may exist during the Activity, whether or not I at this time know of or foresee the specific risk, condition or hazard that results in injury. 4. Waiver; My Responsibility for Injury Costs. I hereby WAIVE ALL CLAIMS (except as expressly indicated in this paragraph) I may in the future have against any of the Released Parties relating in any way to personal injuries or death I sustain due to my attendance at or participation in any of the Activities. I specifically RELEASE and DISCHARGE, in advance, the Released Parties from any and all liability that may arise out of any Released Party’s NEGLIGENCE or carelessness in association with any Activity (including but not limited to negligent rescue attempts, venue location, or equipment selection) but I do not by this Agreement waive, release or discharge any claims for harm caused by a Released Party intentionally or recklessly. As to any claim released hereby, I AGREE NOT TO SUE any of the Released Parties for such released claims. I agree to be personally responsible for any costs, expenses or damages arising out of or related to such released claims. 5. Bargaining/Negotiation. I acknowledge that: (a) I have the opportunity, if I so choose, to bargain for or negotiate the terms of this Agreement; (b) if I desire to take advantage of the opportunity to bargain for or negotiate terms different from those set forth in this Agreement (including the annual membership fee I pay to participate in the annual Activities), I shall contact the Executive Director of HUB before I indicate my consent to this Agreement; and (c) if I indicate to HUB that I am unwilling to enter into this Agreement, the fee I will be asked to pay to participate in the Activities shall increase. I further acknowledge that to be effective any changes to the terms of this Agreement (including the fee I pay to participate in the Activities) must be approved in a written document signed by the Executive Director of HUB. If I choose to consent to this Agreement without modification, I hereby waive my right to bargain for or negotiate terms different than those stated in this Agreement. 6. My Related Acknowledgments. I acknowledge and represent that: (a) I have read this Agreement and the related Participation Agreement; (b) I understand this Agreement; (c) I understand that by signing below I am giving up important legal rights that I might otherwise have; and (d) I am entering into this Agreement and choosing to participate in the Activities without compulsion, and by my own free will.
THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT: PLEASE READ ALL OF THE ABOVE BEFORE YOU SIGN BELOW |