SDBC Waiver and Release of Liability
In consideration of being allowed to participate in any way in the San Diego Bicycle Club (“SDBC”) and its cycling events and activities, I the undersigned, hereby acknowledge, understand and agree that:
1. The risk of injury from the cycling events and activities involving SDBC is significant,including the potential for serious injury and death, and while particular cycling skills,equipment and personal discipline may reduce this risk, the risk of serious injury does exist;
2. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of SDBC or others, and assume full responsibility for my participation; and,
3. If I observe any significant hazard during my participation in any SDBC cycling events and activities, I will remove myself from participation and bring such to the attention of SDBCmembers charged with overseeing the events and activities; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless SDBC and its officers, directors, agents and/or employees, sponsors, advertisers, sponsoring agencies (“Releasees”), with respect to any and all injury, disability, death or other loss or damage to my person or property arising from my participation in cycling events and activities, whether arising from the negligence of SDBC or otherwise, to the fullest extent permitted by law.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND I AM RELEASING SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER AND RELEASE OF LIABILITY. I VOLUNTARILY AND FREELY SIGN THIS WAIVER AND RELEASE OF LIABILITY.
_________________________________ Age: ________ Dated: __________________
PARENTS/GUARDIANS OF MINOR PARTICIPANTS
By signing this Waiver and Release of Liability, I, as parent/guardian with legal responsibility for this participant, fully understand and do consent and agree to the terms and conditions as provided above, and for myself, my child and our heirs, assigns, personal representative and next of kin, I release and hold harmless the Releasees from any and all liabilities arising out of my child’s involvement or participation in SDBC cycling events and activities whether arising from the negligence of SDBC or otherwise, to the fullest extent permitted by law.
REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")
1. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE SDBC FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
SDBC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE SDBC OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH SDBC OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SDBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF SDBC AT YOUR SOLE RISK. SDBC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SDBC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
4. Indemnification. You agree to indemnify and hold each of SDBC harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of SDBC or the violation of any term of this Agreement and Waiver as well as the Terms of Service by you.
6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.