WARNING: READ CAREFULLY
THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU AND ANY SPOUSE, CHILDREN, NEXT OF KIN, HEIRS, ETC. OF THE RIGHT TO SUE THE MIESVILLE FIFTYSIX GRAVEL RIDE, 360 COMMUNITIES, AND/OR OTHER PARTIES AFFILIATED WITH THE GRAVEL RIDE.
DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY.
SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
In consideration of the acceptance of my application for entry in the Mieseville FiftySix Gravel Ride (the “Event”), I, the undersigned Participant (or parent/guardian for the Participant), for children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, waive and release any and all claims for damages, for death, personal injury, loss of property or property damage I may have, whether in tort or in contract, or that may subsequently accrue to me, or to my heirs, executors, administrators or assigns, as a result of my participation in Mieseville FiftySix Gravel Ride, and I further agree, represent, and warrant:
1. I acknowledge that Mieseville FiftySix Gravel Ride is 56 miles long and extends up and down hills. My participation is voluntary and done at my own risk. I voluntarily assume all risks of loss, damage or injury that may be sustained while participating in the above-mentioned event. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not 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 agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, and I understand that I can and should consult with a health care professional to assess my fitness for participation in the Event. I agree that medical or other services rendered to me by, or at the instance of, any of the persons or entities mentioned above is not an admission of liability to provide or to continue to provide any such services, and is not a waiver by any of the persons or entities mentioned above of any right under this waiver and release.
2. I understand and acknowledge the physical and mental rigors associated with cycling, and realize that bicycling, and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; 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 Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks” ). 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 Released Parties defined below, and I hereby expressly, knowingly, intelligently, and voluntarily 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.
3. I attest that the bicycle and equipment I will use in Mieseville FiftySix Gravel Ride are in good mechanical condition and suitable for use in the Event. I UNDERSTAND THAT WEARING A HELMET CAN PREVENT SERIOUS INJURY. I agree to accept and abide by the rules and regulations of the Event as established and provided to me by Event Organizers and to obey the directions of the designated officials.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: The Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature, whether in tort, contract, or other basis, which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
5. In further consideration of the acceptance of my application for entry in the Miesville FiftySix Gravel Ride, I grant full permission to the Event Organizers and their agents authorized by the promoters, to use photographs, videotapes and any other record of the Mieseville FiftySix Gravel Ride including my name, likeness and voice for any legitimate purpose.
6. This Waiver contains the compete agreement of the parties, and no additional oral agreements, representations, promises, statements or other inducements have been made in order to obtain my signature. If any provision of this agreement is found to be invalid it shall be severed from this waiver and the remaining provisions shall remain in effect. If any person, organization, or other person pursues any legal action related to this Waiver, it shall be commenced in Minnesota State District Court, and the venue shall be in Dakota County.