WAIVER AND RELEASE
FROM LIABILITY AGREEMENT
In consideration
of being permitted to participate in any way with Peak Fitness
Racing, Inc. (henceforth, "said team"), I, the undersigned,
intending to be legally bound, hereby freely and voluntarily
for myself, my executors, administrators, heirs, next of kin,
associates, agents, assigns, and legal representatives (collectively,
"successors") Fully understand and acknowledge the
inherent dangers of bicycling on public roads & trails,
as practiced by said team, and assume all the risks associated
with such activity, including, but no limited to, collisions
with pedestrians, vehicles, other participants, and other fixed
and moving objects; dangers arising from road hazards, equipment
failure, limitations in safety equipment and weather conditions;
serious physical and mental injury and trauma, including permanent
disability and death as well as severe economic and social losses
which might result; and other risks not known or reasonably
foreseeable at this time.
Agree to forever
release, absolve, indemnify, waive, discharge, hold harmless,
and refrain from suing all administrators, directors, support
personnel, officials, volunteers, employees, officers, members,
organizers, sponsors, agents, affiliates, and associates of
said team, as well as their heirs, executors, administrators,
next of kin, associates, successors, assigns, and legal representatives,
(collectively, "releases"), be they individuals or
organizations, singly and collectively, from and against any
and all costs, claims, liability, or blame for any personal
injury, misadventure, harm, loss, inconvenience, or property
damage I might suffer, sustain, or allege as a direct or indirect
result of my participation in said team, or any associated activity,
for any reason, including the releasees’ own negligence,
or that of others. I further agree to hold harmless the above
named releasees for any claims made by third persons arising
from any of the said team’s functions and activities.
Request and consent
to permit medical treatment in case of my injury, accident,
or illness during participation in said team and its activities.
Certify and attest
that I have no medical condition(s) which to my knowledge might
endanger myself or others as I participate in activities of
said team, which are extremely strenuous and for which I have
undertaken sufficient physical preparations.
Agree that I am responsible
for my actions, and will at all times ride so as not to endanger
myself or others. Certify and attest that I have inspected my
bicycle and that it is safe
operating condition.
Agree to wear a helmet
which satisfies the requirements of the USCF Racing Rules at
all times while on my bicycle, and that I will assume responsibility
and liability for the selection, fit, condition, and adequacy
of my equipment.
Grant permission
for the free use of my name and photographic or video image
in any print or electronic media account of said team.
I certify that I
have carefully read and understand this waiver and release from
liability, which I understand to be a legally binding contract.
I have entered into this agreement and made the above representations
without coercion or duress, and not as mere recitals.
Should I or my successors
assert any claim in contravention to this agreement, the asserting
party shall be liable for all expenses, including legal fees,
incurred by the other party or parties in defending. This agreement
may not be modified orally, and waiver of any provision herein
shall not be construed as modification of any other provision,
or as consent to any subsequent waiver of modification.