RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate
in any way in Freewheelers of Spartanburg Inc. ("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 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
in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club,
the LAB, their respective administrators, directors, agents, officers,
volunteers, and employees, other participants, any sponsors, advertisers,
and if applicable, owners and lessors of premises on which the
Activity takes place, (each considered on of the "RELEASEES"
herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, "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 LAB AND 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 Signature:
I HAVE READ THIS RELEASE |
Printed Name: |
Date: |
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Signature of ride leader: |
Address: |
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____________________________________ |
_____________________________________ |