IN CONSIDERATION of being permitted
to participate in any way in Redmond Cycling Club, a Nonprofit Corporation
("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 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
travelling 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 condition 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
incur as a result of my participation of that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND
COVENANT NOT TO SUE the Club, its administrators, directors, agents, officers,
members, volunteers, and employees, other participants, other third parties
supporting the Activity, sponsors, haku event registration, and the state,
counties, and municipalities through which the Activity route passes - and
their respective affiliates, departments, owners, officers, employees,
volunteers, agents, successors, and assigns -
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 HAVE READ THIS AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING IT, AND HAVE SIGNED IT FREELY 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 AND AGREE THAT IF ANY PORTION
OF THE AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL
CONTINUE IN FULL FORCE AND EFFECT.
