Assumption of Risk, Release of Liability, Covenant Not to Sue and Indemnity Agreement
In consideration of Bones Adventure, LLC (“Event Organizer”) allowing me to participate in an event or series and all activities related to or connected with any event or series, including travel to and from (collectively the “Event”), whether as a rider, runner, official, coach, mechanic, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree as follows:
1. Assumption of Risk.
I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; man-made and natural jumps; collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including pot holes; equipment failure; inadequate safety equipment; use of equipment or materials provided by the Event Organizer and others; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizer; and other undeﬁned risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). I fully understand that participating in the Event is an extreme test of a person’s physical and mental limits and may involve the risk of serious injury or death, economic loss, property damage or loss that may result from my own actions, inactions or negligence, and also from the actions, inactions or negligence of others. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Event Organizer deﬁned below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
2. Release of Liability.
I hereby forever release, waive, and discharge Event Organizer, and each of their respective officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, and affiliates as well as sponsors, organizers, property owners, law enforcement agencies, and public entities, that are connected with the Event, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any and all claims that may arise out of or are related to my participation in the Event, including claims arising from the ordinary negligence of Releasees.
3. Covenant Not to Sue and Indemnity Agreement.
I will not make any claim against Releasees for injury, damage, death or any other loss arising from or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all of their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in the Event.
I represent that (i) I am in good health and proper physical condition to safely participate in the Event; and (ii) I am not and will not be under the inﬂuence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my own well-being at all times while participating in the Event.
5. Rules; Regulations; Equipment.
I agree to be familiar with and abide by the rules and regulations established for an Event and any special regulations for the Event. I agree to be familiar with the Event course(s). I agree to ride and/or run and participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment. If riding, I will wear a helmet that complies with USA Cycling or USA Triathlon rules and regulations and I assume all responsibility for the selection of such a helmet.
I acknowledge that U.S. Anti-Doping Agency (“USADA”) Protocol apply to me and that I must comply with those rules.
7. Governing Law; Jurisdiction; Severability.
This agreement shall be governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the state of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to this agreement shall be instituted in courts of the State of California located in Sacramento and Sacramento County. If any provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or invalidate or render unenforceable any other provision in any other jurisdiction.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I attest that I am 18 years of age or older. I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as conﬁrmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not aﬀect the validity and enforceability of any remaining provisions.
Parental Consent (required if the participant is less than 18 years of age) As the Parent and/or Legal Guardian to the minor registering for the Event(s), I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Event(s). If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Releasees, I will indemnify, defend and hold harmless each of the Releasees from any such Liabilities which any may be incurred as the result of such claim.