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Toughbiker Crankmas 2018, Register early!
Purchase of registration fee is me signing and agreeing to the assumption of risk waiver.
Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement
Tough Biker Event
In consideration of my being permitted to participate in the Tough Biker event (the “Event”), I hereby attest that, after reading this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement completely and carefully, I ACKNOWLEDGE THAT MY PARTICIPATION IN THE EVENT IS ENTIRELY VOLUNTARY, AND I UNDERSTAND AND AGREE AS FOLLOWS: Assumption of Risk: I recognize that there is an element of risk in biking. I am also aware of the risks and dangers inherent in bicycling, bicycle touring and mountain biking. Knowing of the inherent risks (such as, but not limited to, equipment failure, hazards of the road, traffic, changing weather conditions, etc.) and rigors required of said activities, I certify that I am fully capable of participating in the Event. I understand that participation in the Event is a potentially hazardous activity and I willingly assume all risks associated with such participation. I understand that I may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that such participation in the Event may also involve the risk of severe economic and property loss and damage. I understand these risks may result from the actions, negligence and failure to act of myself and others including, but not limited to, other individuals in attendance at the Event and the Released Parties and from the condition of any property, facility or equipment used. I also understand there may be risks involved which are not known to me or to the Released Parties, and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the Event. I knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, my participation in the Event. Bicycle Safety: I acknowledge that I have been advised to wear an approved helmet and protective gear while cycling. I am familiar with the proper use of my equipment, including all quick release mechanisms, brakes and gear shifters. I accept responsibility for the condition and adequacy of my equipment and my conduct in connection with the Event. I agree that before I participate in the Event, I will inspect my equipment and ensure it is working properly and safe to use. I understand that for Tough Biker Corporation to be permitted by the local Departments of Transportation and applicable county and state jurisdictions, I must obey all applicable local and state traffic laws, rules, ordinances. Specifically, I must wear a helmet, follow the official route, ride in single file and stop at all stop signs, and otherwise comply with directions given by police officers, organizers and volunteers of Tough Biker Corporation. I understand that failure to do so means that I may not be allowed to continue the ride and I will be banned from future Tough Biker Corporation events. Physical Condition: I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the Event. I have no physical or medical condition which would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event. Medical Authorization: I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending personnel, if I am not able to act on my own behalf. Additionally, I authorize medical treatment for me, at my cost, if the need arises and certify that I have valid medical insurance. I acknowledge that the Released Parties shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment. Release and Waiver: On my own behalf, and on behalf of my heirs, executors, administrators and next of kin, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Tough Biker Corporation, its members, directors, officers, employees, agents, members and servants; The Coalition for the Homeless of Central Florida, its chapters, directors, officers, administrators, representatives and executors, past and present employees, volunteers, agents, supervisors, and participants; The City of Orlando, Florida, or any subdivision thereof, and its officers, elected officials, agents, and employees; other participants, sponsors and advertisers of the Event; volunteers of each of the foregoing entities; and, if applicable, owners and lessors of premises on which the Event takes place; (collectively, the “Released Parties”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, my participation in the Event, except for those caused by the willful misconduct, gross negligence or intentional torts of the above parties, as applicable. Media Release: I grant full permission to Tough Biker Corporation to use photographs, videos and other types of recordings of me in advertising, trade or any commercial purpose in legitimate accounts and promotions of this event and for Tough Biker Corporation to share my contact information with cycling-related sponsors. I waive the right to inspect versions of my image used for publication or the written copy used in connection with the images. Indemnification and Hold Harmless: I hereby agree to INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to my participation in the Event, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable. Severability: I expressly agree that the foregoing assumption of risk, release and waiver of liability, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Acknowledgment of Understanding: I have read this assumption of risk, release and waiver of liability, and indemnity agreement, and have had the opportunity to ask questions about the same. I fully understand this assumption of risk, release and waiver of liability, and indemnity agreement, that I am giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY. Other: I expressly agree that this Release is intended to be broad and inclusive and if any clause or provision of this Release shall be held invalid by any court, the invalidity of the clause or provision shall not otherwise affect the remaining provisions o f this Release. Governing Law: This assumption of risk, release and waiver of liability, and indemnity agreement shall be governed by the laws of the State of Florida, and any legal action relating to or arising out of this assumption of risk, release and waiver of liability, and indemnity agreement shall be commenced exclusively in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (or if such Circuit Court shall not have jurisdiction over the subject matter thereof), then to such other court sitting in said county and having subject matter jurisdiction) AND I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.