RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in Activities sponsored by MVA (“Activity”), I, for myself, my personal representative, assigns, heirs and next of kin or, for my personal representative, their assigns, heirs, and next of kin:
ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further acknowledge that the Activity may be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected. I further agree and warrant that, if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
FULLY UNDERSTAND that (a) the Activity MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place or THE NEGLIGENCE OF THE ‘RELEASEES’ NAMED BELOW; (c) there may by OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES, either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITIES FOR LOSSES, COSTS AND DAMAGES I may incur or suffer as a result of my participation in the Activity.
HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE MVA, their respective administrators, directors, agents, members, volunteers, and employees, other participants, sponsors, advertisers and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this Release and Waiver of Liability, Assumption of Risk, and Indemnification Agreement, I or anyone on my behalf makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the RELEASEES from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as a result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL CLAIMS TO THE GREATEST EXTENT ALLOWED BY LAW, AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE BALANCE NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS WAIVER SHALL HAVE NO EXPIRATION DATE. I AGREE TO WEAR AN ANSI OR SNELL APPROVED BICYCLING HELMET WHILE PARTICIPATING IN ANY ACTIVITY THAT INCLUDES BICYCLING AND CONFIRM MY ACKNOWLEDGEMENT BY SIGNING THIS RELEASE.