GRAVELERS BICYCLE CLUB
TERMS OF SERVICE
In consideration of being allowed to
participate in any way in this particular competition, race, related events
and/or activities (collectively, the “Event”), I, the undersigned, acknowledge,
covenant and agree that:
1. Risks Associated With The Event. The risk of injury and/or death from the
activities involved in the Event is significant including, but not limited to,
the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains;
(v) fractures; (vi) heat and cold injuries; (vii) over-use syndrome; (viii)
injuries involving vehicles; (ix) animal bites and/or stings; (x) contact with
poisonous plants; (xi) accidents involving, but not limited to paddling,
climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car, or
other convenience;(xii) heart attack and (xiii) the potential for permanent
paralysis and/or death. While particular rules, equipment, and personal
discipline may reduce this risk, the risk of death or serious injury nevertheless
exists. Furthermore, I know that there are natural and man-made obstacles and
hazards, surfaces, and environmental conditions and risks, which in combination
with my actions or other’s actions, can increase the potential for severe or
even fatal injury. I also know that there may be traffic on the course route
and assume the risk of running in said traffic.
2. Assumption of Risk. I AGREE THAT I HAVE TAKEN AN ACTIVE ROLE IN
UNDERSTANDING AND ACCEPTING THE RISKS, CONDITIONS AND HAZARDS ASSOCIATED WITH THE
EVENT AND AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I
KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN,
AND ASSUME FULL RESPONSIBILITY AND ALL RISKS FOR MY PARTICIPATION IN THE EVENT.
3. Significant Hazard. I voluntarily agree to comply with the stated and
customary terms and conditions for participation. If, however, I observe any
unusual and/or significant hazard during my presence or participation, I will
remove myself from participation and bring such hazard to the attention of the
nearest official.
4. Waiver & Release. I, for myself and on behalf of my heirs, assigns,
personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE
and COVENANT NOT TO SUE the organizer of the Event (the “Event Organizer”),
Gravelers (Hope…One Pedal Stroke at a Time, Inc.), Haku App Corporation, Inc.
and their officers, directors, representatives, officials, principals, agents
and/or employees, subsidiaries, and/or assigns, as well as their independent contractors,
sponsoring agencies, sponsors, advertisers, volunteers, and if applicable,
owners and lessors of the premises used to conduct the Event (collectively, the
"Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH,
and/or loss or damage to person or property, incurred by me in connection with
participation in the Event. I further agree to indemnify, defend and hold
harmless Releasees from any loss, liability, cost, claim or damages arising
from my participation in or association with activities and events organized
and sponsored by the Event Organizer or connected with the Event. This release
extends to all claims of every kind or nature whatsoever, foreseen or
unforeseen, known or unknown.
5. Training; Medical Insurance. I attest and verify that, unless otherwise
indicated below, I am over 18 years of age, am free from all illnesses,
injuries and defects that could interfere with my safe participation in the
Event. I further attest that I am physically fit and sufficiently trained to
participate in all activities associated with the Event and have not been
advised otherwise by a qualified medical person. My participation in the Event
is entirely voluntary. I am solely responsible for my safety and health while I
train, prepare, condition and/or take any other actions or proactive measures
of any kind in preparation for, or in anticipation of, the Event.
6. Medical Treatment. I agree to abide by any decision by an Event official
relative to my ability to safely complete the Event. I further consent to
administration of first aid and/or other medical treatment in the event of
injury or illness and hereby release and indemnify Releasees from any and all
liability or claims arising out of such treatment. I understand that any and
all costs resulting from any medical attention and/or treatment that I receive
shall be solely my responsibility and the Releasees shall in no way be liable
or responsible for any of these costs.
7. Force Majeure; Refunds. The Releasees reserve the right, in their sole and
absolute discretion, to postpone, cancel, or modify the event due to weather
conditions, Acts of God or other factors beyond the control of the Releasees
that might affect the health and/or safety of the participants. I also
understand no refunds shall be granted should the Event be postponed, cancelled
or otherwise modified.
8. Release; No Compensation. I irrevocably grant unlimited permission to
Releasees, to use, reproduce, sell and distribute any and all photographs,
images, videotapes, motion pictures, recordings, or any other depiction of any
kind of me or of my participation in the Event or related activity for any
legitimate purpose in perpetuity and I understand that I shall not be entitled
to any compensation therefore. Furthermore, I hereby irrevocably and absolutely
grant permission to the Releasees to film, videotape and record gratis my
performance in the Event and subsequently to telecast, sell, distribute and
otherwise utilize the same in whatever manner Releasees shall deem appropriate.
Such permission shall include granting the unlimited and irrevocable right to
Releasees, without compensation of any kind to me, to use, reproduce or
broadcast, my name, nickname, image, likeness, voice, photograph, signature
facsimile, and biographical information in connection with the Event without
compensation of any kind to me. I acknowledge that Releasees and their
representatives shall have the unlimited right throughout the world to
copyright, use, reuse, publish, republish, broadcast and otherwise distribute
depictions of or information about me and all or any portion of the Event in
which I may appear on any and all radio, network, cable and local television
programs and in any print materials and in any other format or media (including
electronic media) now known or hereinafter devised in perpetuity and without
compensation to me. In consideration and in return for being allowed to
participate in the Event, I release and agree not to sue the Releasees from all
present and future claims regarding my participation in the Events that may be
made by me, my family, estate heirs, or assigns. 9. Minors Under The Age of 18.
In the case that the participant of the above Release (the “Participant”) is
under the age of 18, I hereby certify, warrant and represent that I am the
legal parent or guardian of said Participant. Furthermore, after fully
informing myself regarding the nature and risks of the Event, I give my
permission for Participant to participate in the same. Furthermore, I fully
ratify, accept and agree to all of the terms of the above Release both for
myself individually and as legal parent or guardian of the Participant.
10. I accept responsibility for the condition and adequacy of my equipment, and
any equipment provided for my use, and my conduct in connection with this
event. I will wear a helmet, which satisfies the advertised requirements and
assume all responsibility and liability for the selection of such helmet and
any modifications or attachments thereto.
Additional South Florida Water Management
Liability Waiver
You hereby voluntary request from the South Florida Water Management District request, (herein "DISTRICT"), to participate in the following described activities: “E100 Fundraising Bicycle
Ride" sponsored by Hope ... One Pedal Stroke at a Time, Inc., and the aforementioned
activities shall commence on June 27,
2021 and end on June 27, 2021. This
release shall extend to all
activities including, but not limited to
those which may involve the
use of DISTRICT transportation (motor vehicles, watercraft, aircraft, or
other transportation), buildings, structures, walkways, and other equipment (owned, leased, or rented
by DISTRICT, PARTICIPANT, contractors and/or third parties) and/or the use of canals and
other bodies of water, property (real or personal), and surrounding rights of way owned or occupied by the DISTRICT (herein collectively referred
to as “DISTRICT PROPERTY");
WHEREAS, this Liability Release is intended to
supplement the limitation
of liability set forth in Section 373.1395, Florida Statutes, and in no way limits, diminishes
or alters that limitation of liability;
WHEREAS, the novel coronavirus (herein “COVID-19") has been declared a worldwide pandemic by the World Health
Organization and is reported to be extremely contagious;
WHEREAS, the state of medical knowledge is
evolving, but the virus is believed to spread from
person-to person contact and/or airborne transmission;
WHEREAS, people reportedly can be infected and show no symptoms but still spread the disease, and therefore, the exact methods of spread and contraction are unknown;
WHEREAS, there is no known treatment or cure for COVID-19;
WHEREAS, evidence shows that COVID-19 can cause serious
and potentially life-threatening illness and even death;
WHEREAS, DISTRICT cannot prevent
PARTICIPANT from becoming exposed to, contracting, or spreading COVID-19
while utilizing DISTRICT PROPERTY;
WHEREAS, it is not possible to prevent against the presence of the
disease, therefore, if you choose to participate
in the above described activities and/or utilize DISTRICT PROPERTY you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19; and
WHEREAS, notwithstanding the foregoing, the DISTRICT is willing to allow use of DISTRICT PROPERTY to facilitate
the above identified activities upon the representations and conditions that
PARTICIPANT agrees to abide by all safety procedures, agrees to obey all directions and demands of DISTRICT personnel, if any, and PARTICIPANT specifically acknowledges and assumes any and
all risks associated with the above identified activities, including the risk of contracting COVID-19;
NOW THEREFORE, in consideration of the premises set forth above, and having read and understood the above warnings concerning COVID-19
and having assumed the risk of contracting and/or transmitting COVID-19 by participating in the above identified activities, I
hereby release and agree to
indemnify and hold harmless the DISTRICT
(including, but not limited to its Governing Board members, employees, agents, attorneys, legal representatives, and their successors and
assigns) from any and all liabilities, personal injuries (including, but not limited to, contraction of COVID-19), claims, damages, attorneys fees, costs, judgments, claims bills, etc. (under the laws
of the State of Florida and/or any other State of the United States of America and/or the
Government of the United States of
America): (a) by, for, or on
behalf of the PARTICIPANT (individually, jointly, derivatively or otherwise) attributable, in whole or in part, to the acts, omissions, or negligence of the PARTICIPANT, DISTRICT or any third person that arises out of, or related to the
above referenced activities and/or utilization
of DISTRICT PROPERTY; and/or (b) by, for, or on behalf of any third party arising out of, regarding, or related to, in whole or in part, the PARTICIPANT's acts or omissions, attributable, in whole or in part, to the acts, omissions, or negligence of the PARTICIPANT, DISTRICT or any third person that arise out of, or related to the above referenced activities and/or utilization of DISTRICT PROPERTY. Nothing in
this Liability Release will be construed to limit, diminish, or alter the limitation of liability conferred upon the DISTRICT by Section 373.1395, Florida Statutes..
I HAVE READ THIS RELEASE OF LIABILITY AND
ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I
HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT.
