Assumption of Risk, Release of Liability, Covenant Not to Sue, Media Release and Indemnity Agreement (this “Release”)
I AGREE THAT ANY AND ALL REPRESENTATIONS MADE AND RELEASES, WAIVERS, COVENANTS, CONSENTS AND PERMISSIONS GIVEN BY ME IN THIS RELEASE ARE GIVEN ON BEHALF OF ME AND ANY AND ALL OF MY MINOR CHILDREN OR PERSONS OVER WHOM I HAVE GUARDIANSHIP WHO ARE TRAINING FOR, PARTICIPATING IN OR ATTENDING AN EVENT (DEFINED BELOW). MINORS UNDER 18 YEARS OF AGE MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN WHO IS ALSO A REGISTERED PARTICIPANT.
In consideration of Trailnet, Inc. (“Trailnet”) allowing me to train for, attend or otherwise participate in any Trailnet sanctioned or sponsored event(s) and all activities related to or connected with any event(s), including travel to and from, whether in person, by computer or other virtual means or otherwise, whether now or at any time in the future (each, an “Event”), whether through the issuance of an annual or one-day registration, and whether as a rider, mechanic, SAG driver, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree as follows:
- Assumption of Risk. I am aware that cycling, running, walking, physical activity, driving and/or other activity with which I engage or may engage in connection with an Event involves inherent risks, including but not limited to those associated with man-made and natural jumps; collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including potholes; equipment failure; inadequate safety equipment; use of equipment or materials provided by Trailnet or an Event organizer and others; communicable or other diseases; and weather conditions. I fully understand that participating in an Event may involve the risk of serious injury or death, economic loss, property damage or loss that may result from my own actions, inactions or negligence, and also from the actions, inactions or negligence of others. I further understand that first aid or other medical assistance may not be available or readily available at an Event. I understand and voluntarily assume all of these risks.
- Release of Liability. I hereby forever release, waive, and discharge Trailnet and each of its respective officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, Event directors, local associations, and affiliates as well as sponsors, organizers, property owners, law enforcement agencies, and public entities, that are connected with an Event, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any and all claims that may arise out of or are related to my participation in an Event, including claims arising from the negligence of Releasees.
- Covenant Not to Sue and Indemnity Agreement. I will not make any claim against Releasees for injury, damage, death or any other loss arising from or related to my participation in an Event. I understand that if I attempt to sue Releasees in violation of this Release, Releasees may seek to recover all of their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness, and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in an Event.
- Health. I represent that I am in good health and proper physical condition to safely participate in such Event. I acknowledge that it is my sole responsibility to make such determination with the advice of my own physician and that I am responsible for my own well-being at all times while participating in an Event. I consent to emergency medical care and transportation in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligence and emergency rescue operations. If I suffer any injury arising from an Event, I consent to the release of my name and medical information by any third party to Releasees and their insurance carriers.
- Rules; Regulations; Equipment. I agree to observe and be familiar with all laws, rules and safety procedures that relate to an Event, including, without limitation, rules and regulations established for an Event. If applicable, I agree to be familiar with the Event course. I agree to participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment and any equipment provided for my use. If engaged in cycling or similar activity, I will wear a helmet at all times and I assume all responsibility for the selection and use of such a helmet. I agree to (i) abide by any decision of an Event official relative to my ability to safely participate in an Event; and (ii) exhibit appropriate behavior at all times. Event officials may dismiss me, without refund, should my behavior endanger the safety of or negatively affect an Event or any person, facility, or property.
- Use of Information. I understand that Trailnet may collect or receive my contact information in connection with this Release, and use it to administer this Release and for marketing purposes. I further acknowledge, agree and consent that (a) Trailnet and its designees may share this information with third parties who need access to this information to perform services on Trailnet’s behalf, (b) Trailnet may also share this information with its marketing partners, and (c) Trailnet and its marketing partners may use this information to contact me with information and offers.
- Media Grant. I grant to Trailnet and its designees the irrevocable, perpetual, worldwide right and license to use, copy, modify, broadcast, distribute, transmit, display, perform, present, create works and derivative works, and otherwise utilize my image, likeness, name, voice, comments or other personal information (collectively, “Personal Attributes”), in any manner or medium (whether now or hereafter existing), filmed, photographed or otherwise recorded or memorialized in any manner in connection with an Event, for any purpose whatsoever, without compensation or notice to or consent by me or any third party.
- Governing Law; Jurisdiction; Severability. This Release shall be governed by the laws of the State of Missouri (without giving effect to any choice or conflict of law provision or rule). Any legal suit, action, or proceeding arising out of or relating to this Release shall be subject to the exclusive jurisdiction of the courts of the State of Missouri located in the City of St. Louis, Missouri. If any provision of this Release is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, (i) Trailnet shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Release shall remain in full force and effect. I have carefully read the foregoing and fully understand its terms. I attest that I am 18 years of age or older (and at least the age of majority in the applicable jurisdiction). I understand that I am giving up substantial rights, including my right to sue Releasees for injuries resulting from the inherent risks of cycling, running, walking, physical activity, driving and/or other activities with which I engage or may engage in connection with an Event and the negligence of Releasees. I acknowledge that I am signing this Release freely and voluntarily, without any inducement,
assurance or guarantee being made to me, and hereby make a complete and unconditional release of all liability to the greatest extent permitted by law. My acceptance of all of the terms in this Release shall be evidenced and confirmed by any or all of the following: (i) my physical signature following this Release, (ii) my affirmative acceptance of this Release by computer or other electronic means (including by click-through on Trailnet’s or other party’s website), or (iii) having been provided a copy of this Release, my training for, participation in, attendance at or provision of services in connection with an Event.