ACKNOWLEDGEMENT, WAIVER AND RELEASE FROM LIABILITY
PLEASE CAREFULLY READ THE FOLLOWING ACKNOWLEDGEMENT, WAIVER AND RELEASE FROM LIABILITY (“Waiver and Release”) BEFORE SIGNING:
I acknowledge that participating in the organized training for and participating in an organized long-distance cycling event (which may include participation by tandem cyclists and hand cyclists) such as training for and(or) participating in the Million Dollar Challenge and(or) the Back to Back Century Challenges (each, an “Event”) IS AN EXTREME TEST OF A PERSON’S PHYSICAL AND MENTAL CAPABILITIES AND CARRIES WITH IT A RISK OF SERIOUS INJURY, DEATH AND(OR) PROPERTY LOSS. I certify that I am physically fit, have properly prepared for the training for and(or) participation in such Event, and have not been advised against such training and(or) participation by any qualified health professional. I acknowledge and understand that the willingness of the Challenged Athletes Inc., a California public benefit corporation doing business as the Challenged Athletes Foundation, (the “Foundation”) and the various Event sponsors, organizers and administrators of the Event(s) (collectively the “Organizers”) to permit my participation in the training for the Event(s) or the Event(s) themselves, is expressly conditioned on my execution and delivery of this Waiver and Release, and I further acknowledge that the Foundation and the Organizers will rely upon the statements made by me herein.
I HEREBY EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH MY PARTICIPATING IN THE ORGANIZED TRAINING FOR AND PARTICIPATING IN THE EVENT(S) including, but not limited to: falls; hazards posed by spectators or other participants; the effects of the weather (including temperature extremes and humidity); defective equipment; the surface condition of the roads and sidewalks; the danger of collision with pedestrians, vehicles, other Event participants, and fixed or moving objects; and water hazards, all such risks being understood and appreciated by me; and I further acknowledge that these risks include risks that may be the result of active or passive negligence of the Released Parties (defined below) or of other persons or entities. The foregoing assumption of risk is intended to be construed to include the broadest possible range of risks, whether such risks are inherent risks of training for or participation in the Event(s) themselves or otherwise. I am familiar with and shall use the safety equipment customarily used by participants in organized sporting events such as the Event, and I EXPRESSLY ASSUME THE RISKS ASSOCIATED WITH my failure to use such safety equipment or my use of defective or inappropriate safety equipment. I acknowledge that the Event(s) WILL NOT BE CLOSED TO TRAFFIC, and that the risks of training for or participating in the Event(s) include but are not limited to those caused by actions of other people including without limitation operators of motor vehicles, spectators and other participants on the Event course and I EXPRESSLY ASSUME THE RISKS ASSOCIATED WITH an organized long-distance cycling event conducted under such conditions.
In consideration for allowing me to participate in the organized training in preparation for the Event(s) and for allowing me to participate in the Event(s) themselves, on behalf of myself, my successors and assigns, my administrators and anyone else who may sue on my behalf: (1) I shall abide by any decision of an Event official relative to my ability to complete this Event safely and I further agree that Event officials, Event volunteers (including without limitation all training volunteers) may, but are not obligated to, authorize necessary emergency treatment for me during the course of the Event and/or provide First Aid and/or medical assistance to me (and I hereby consent to such First Aid and/or medical assistance); (2) I acknowledge that the bicycle portion of the Event is a bicycle ride and not a bicycle race and that no other portion of the Event constitutes a race; (3) I shall observe and obey all traffic laws, signs and signals along the Event course; (4) I shall immediately contact the Foundation should any qualified health professional advise that I not train for and(or) participate in the Event(s); and (5) I HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASED PARTIES (DEFINED BELOW) FROM ANY AND ALL CLAIMS, OBLIGATIONS, LIABILITIES, CAUSES OF ACTION, SUITS, DEBTS, LIENS, DAMAGES, JUDGMENTS, LOSSES, DEMANDS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) OF ANY KIND AND WHETHER OR NOT SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY (COLLECTIVELY, “CLAIMS”), WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE TO, WHETHER DIRECTLY OR INDIRECTLY: (A) MY PARTICIPATION IN ORGANIZED TRAINING EVENTS RELATED TO THE EVENT(S), INCLUDING, WITHOUT LIMITATION, MY TRAVELING TO AND FROM SUCH EVENT TRAINING, (B) MY PARTICIPATION IN THE EVENT(S), INCLUDING, WITHOUT LIMITATION, MY TRAVELING TO AND FROM THE EVENT(S), AND (C) ON ACCOUNT OF ANY INJURY TO MY PERSON, OR PROPERTY, INCLUDING INJURY LEADING TO MY DEATH, WHILE I AM TRAINING FOR OR PARTICIPATING IN ANY EVENT(S) ORGANIZED BY THE FOUNDATION, THE ORGANIZERS OR ANY OF THE OTHER RELEASED PARTIES. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM “RELEASED PARTIES” SHALL REFER TO EACH OF THE FOLLOWING PERSONS AND ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AFFILIATES AND ASSIGNS: THE FOUNDATION, ORGANIZERS, EVENT SPONSORS AND PRODUCERS AND ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY, INCLUDING WITHOUT LIMITATION ANY COUNTY, CITY, MUNICIPALITY OR UNINCORPORATED AREA WITHIN THE STATE OF CALIFORNIA, THAT MAY HAVE JURISDICTION OVER OR RISK OF LIABILITY IN THE EVENT.
I FURTHER COVENANT AND AGREE NOT TO SUE THE FOUNDATION OR ANY OF THE RELEASED PARTIES FOR ANY CLAIMS THAT I HAVE RELEASED, WAIVED OR DISCHARGED IN THIS WAIVER AND RELEASE; AND I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FOUNDATION AND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RESULTING FROM, DIRECTLY OR INDIRECTLY, (A) MY ACTS OR OMISSIONS AND (B) MY BREACH OR FAILURE TO COMPLY WITH ANY PROVISION OF THIS WAIVER AND RELEASE.
I hereby grant permission to the Foundation and Organizers to use of my name and(or) likeness relating to my participation in the Event(s) and I hereby waive all rights to any compensation to which I may otherwise be entitled as a result of the use of my name and(or) likeness.
I HEREBY CERTIFY THAT I AM EIGHTEEN (18) YEARS OR OLDER AND THAT I HAVE READ THIS WAIVER AND RELEASE AND I UNDERSTAND ITS CONTENT.