BayCare Clinic Century Rider Agreement
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
Event: BayCare Clinic Century (“Event”) Sponsor: BayCare Clinic Foundation (“Sponsor”)
Assumption of Risk: Participant understands and acknowledges that engaging in an endurance event conducted on public roads shared with motorized vehicles is a potentially hazardous activity. Participant will not enter and participate unless in good health, in proper physical condition, medically able and properly trained. Participant agrees to wear a protective helmet during this event and acknowledges that doing so is mandatory. Participant agrees to abide by any decision of an event official, including a decision which prevents the Participant from completing the Event. Participant knowingly and voluntarily accepts and assumes responsibility for all risk and danger associated with this event, including but not limited to, falls, contact with other participants, the effects of the road and traffic on the course, and all other risks and dangers that could arise out of or occur during participation in the Event or at any pre or post Event activities.
Release and Waiver: Participant hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Sponsor or any affiliate thereof, and each of them, their officers and employees, (collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in the Event, except for those caused by the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable.
Indemnification and Hold Harmless: The Participant also hereby agrees to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Event, except for those arising out of the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable.
Permission to Use Likeness/Name: By registering for this Event, Participant grants to the BayCare Clinic Foundation, its affiliates, assigns, agents, and representatives the right to take photographs of Participant and Participant’s property in connection with the BayCare Clinic Century Ride, and authorizes the BayCare Clinic Foundation, its affiliates, assigns, agents, representatives and transferees to copyright, use and publish the same in print and/or electronically without compensation to Participant. Participant grants to the Sponsor the exclusive right to the free use of Participant’s name, voice, and/or picture in any broadcast, telecast, advertising, promotion or other account of this event. Participant agrees that the BayCare Clinic Foundation, its affiliates, assigns, agents, representatives and transferees may use such photographs of Participant with or without Participant’s name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, social media, and Web content.
Severability: Participant expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Wisconsin and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I, the Participant, have read this document and have had the opportunity to ask any questions. I, the Participant, fully understand this assumption of risk, release and waiver of liability and indemnity agreement, and understand that its terms are contractual, and not a mere recital.
Refund Policy: Participant acknowledges that the entry fee is non-refundable, including if the race is cancelled, and unless otherwise allowed, in the sole discretion of the Sponsor, to be transferred.
Electric Assist Bicycles, Velomobiles, and other wheeled vehicles approved by Sponsor (collectively, “Specialized Vehicle”): Participant understands and acknowledges that the Sponsor will have limited ability to assist the Participant with adjustments or repairs to any Specialized Vehicle and due to the complexity and weight of the Specialized Vehicle may not be able to provide the same services to a rider of a Specialized Vehicle as to a standard bicycle. Participant recognizes and accepts such limitations.
Participant freely rejects the right to bargain for an agreement on different terms, understanding that different terms would make the event significantly more expensive for Participant.
I, the Participant, on behalf of myself and any minors that I have registered, acknowledge and consent to the terms of the agreement by checking the “I agree” checkbox on the event registration form.