Marin Cyclists
RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, INDEMNITY, AND PARENTAL CONSENT AGREEMENT ("Agreement") for LEAGUE OF AMERICAN
WHEELMAN D/B/A LEAGUE OF AMERICAN BICYCLISTS ("LAB")
IN CONSIDERATION of being permitted to
participate in any way in Marin Cyclists ("Club") sponsored Bicycling Activities
("Activity") I, for myself, my personal representatives, assigns,
heirs, and next of kin:
1.
ACKNOWLEDGE, agree, and
represent that I
understand the nature
of Bicycling Activities and
that I am
qualified, in good
health, and in
proper physical condition
to participate in such Activity. I further acknowledge that the Activity
will be conducted over public roads and facilities open to the public during
the Activity and upon which the hazards of traveling are to be
expected. I further agree and warrant
that if, at any time, I believe conditions to be unsafe, I will immediately
discontinue further participation in the Activity.
2.
FULLY UNDERSTAND that
(a) BICYCLING ACTIVITIES
INVOLVE RISKS AND
DANGERS OF SERIOUS
BODILY INJURY, INCLUDING
PERMANENT DISABILITY, PARALYSIS
AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my
own actions or inactions, the actions or inactions of others participating in
the Activity, the conditions in which the Activity takes place, or THE
NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS
AND SOCIAL AND ECONOMIC LOSSES either
not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND
ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I
may incur as a result of my participation or that of the minor in the Activity.
3.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, the LAB, the
jurisdictional agencies where the event occurs, its respective administrators,
directors, agents, officers, members, volunteers, and employees, other
participants, any sponsors, advertisers, and, if applicable, owners and lessors
of premises on which the Activity takes place, (each considered one of the
"RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR
DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT
RESCUE OPERATIONS. And, I FURTHER
AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF
RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against
any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE
RELEASEES from any litigation expenses, attorney fees, loss, liability, damage,
or cost which any may incur as the result of such claim.
I AM 18 YEARS OF AGE OR OLDER, HAVE READ
AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP
SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY
AND WITHOUT ANY INDUCEMENT
OR ASSURANCE OF ANY NATURE AND
INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF
ALL LIABILITY TO
THE GREATEST EXTENT
ALLOWED BY LAW.
I AGREE THAT
IF ANY PORTION
OF THIS AGREEMENT IS HELD TO BE
INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
PARTICIPANT'S NAME (PRINTED)____________________________________________
PARTICIPANT'S SIGNATURE (only if age 18 or over): ___A HAVE READ THIS RELEASE______
ADDRESS: ______________________________________________________________
(Street) (City) (State) (Zip)
PHONE:
___________________ DATE:
_______________________
MINOR
RELEASE
(complete
for Participants Under the Age of 18)
AND
I, THE MINOR'S
PARENT AND/OR LEGAL
GUARDIAN, UNDERSTAND THE
NATURE OF BICYCLING
ACTIVITIES AND THE
MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE
MINOR TO BE QUALIFIED,
IN GOOD HEALTH, AND
IN PROPER PHYSICAL
CONDITION TO PARTICIPATE IN
SUCH ACTIVITY. I HEREBY RELEASE,
DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD
HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS,
DEMANDS, LOSSES, OR
DAMAGES ON THE
MINOR'S ACCOUNT CAUSED
OR ALLEGED TO
BE CAUSED IN
WHOLE OR IN
PART BY THE NEGLIGENCE
OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE
OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR
ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED
ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD
HARMLESS EACH OF
THE RELEASEES FROM
ANY LITIGATION EXPENSES,
ATTORNEY FEES, LOSS
LIABILITY, DAMAGE, OR
COST ANY MAY
INCUR AS THE RESULT OF ANY SUCH CLAIM.
MINORS 'S NAME (PRINTED)________________________________________________
BIRTH DATE OF MINOR: _________________________
SIGNATURE OF MINOR PARTICIPANT: ___________A HAVE READ THIS RELEASE__________
PARENT/GUARDIAN NAME (PRINTED): _______________________________________
PARENT/GUARDIAN SIGNATURE
(only if participant is under the age of
18: __________A HAVE READ THIS RELEASE__________
ADDRESS: ______________________________________________________________
(Street) (City) (State) (Zip)
PHONE: ___________________ DATE: _______________________
Download a copy of the Waiver of Liability here.