Passport2Pain Non-Competitive Event Waiver & Release and Image Use Permission
In consideration of being allowed to participate in the Passport2Pain bike ride event, I hereby freely agree to and make the following contractual representations and agreements. I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN THIS EVENT whether as a rider, official, coach, mechanic, volunteer, or otherwise, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: dangers associated with man-made and natural jumps; the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, including potholes; equipment failure; inadequate safety equipment; use of equipment or materials provided by the event organizer and others; THE RELEASEES' OWN NEGLIGENCE; the negligence of others; weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with the event. For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors") I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees and all sponsors, volunteers, other riders, organizers and promoting organizations, property owners, law enforcement agencies, public entities, special districts and properties that are in any manner connected with this event, and their respective agents, officials, and employees through or by which the event will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW which I have or which may hereafter accrue to me and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the event, or travel to or return from the event.
I agree that it is my sole responsibility to be familiar with the event course and agenda, the Releasees' rules, and any special regulations for the event and agree to comply with all such rules and regulations. I understand and agree that situations may arise during the event which may be beyond the control of the Releasees, and I must continually ride and otherwise participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment, any equipment provided for my use, and my conduct in connection with this event. I will wear a helmet which satisfies all legal requirements and that can protect against serious head injury and assume all responsibility and liability for the selection of such a helmet and any modifications or attachments thereto. I have no physical or medical condition which would endanger myself or others if I participate in this event or would interfere with my ability to safely participate in this event.
For valuable consideration received, I grant the Vashon Island Rowing Club, producers of the Passport2Pain event, the absolute and irrevocable right and unrestricted permission concerning any photographs taken of me or in which I may be included with others in connection with the Passport2Pain event, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration.
I release and discharge the Vashon Island Rowing Club (VIRC) and any photographer acting on its behalf, from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.
I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this contract, we shall be liable for the expenses (including legal fees) incurred by the Releasees in defending the claims. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the event. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
SPECIAL WARNINGS –
This is a crazy strenuous bicycle ride. By signing this waiver, participants acknowledge that they chose to participate of their own free will and that they can stop anytime. This is not a race.
Participants agree to bring all special food, hydration, repair tools and equipment, and their cell phone, navigational wherewithal and common sense to take care of themselves along the ride.
The course is open to traffic and there can be two-way automobile traffic on every inch of every P2P course. Be careful and ride smart. Don't be one of those riders who pass closely, cut in line at the checkpoints, or hog the road. On Vashon we love cyclists who are courteous, signal, ride single file in any traffic, yield at stop signs, and wave. The rest we call tourists.
Vashon and Maury Island roads are bad — steep grades, bad pavement, loose gravel, sharp turns, crazy wildlife and dogs, fast cars, no shoulders. You are assuming all of these risks.
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT I AM ASSUMING RISKS AND AGREEING TO INDEMNIFY, NOT TO SUE, AND RELEASE FROM LIABILITY THE ORGANIZER OF THIS EVENT AND THEIR RESPECTIVE AGENTS, EMPLOYEES, VOLUNTEERS, MEMBERS, CLUBS, SPONSORS, PROMOTERS, AND AFFILIATES (COLLECTIVELY "RELEASEES"), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES.
I HAVE READ IT CAREFULLY BEFORE SIGNING AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.
