Consent * I acknowledge that I have read and agree to the Liability and Assumption of Risk Agreement
In consideration of being permitted to participate in the 2021 Mountain Bike Clinic and any related events and activities (collectively the “Event”), the PARTICIPANT, for themselves, and their personal representatives, heirs, spouse, parents, siblings, and children, hereby acknowledges and agrees to the following:
1. I acknowledge and agree that riding bicycles on roads and trails and my participation in this Event bears certain known and unknown risks which could result in injury, death, illness, disease, or damage to me, to my property, or to other parties. Risks include, but are not limited to those caused by terrain, facilities, temperature, weather, my physical condition, equipment, vehicular traffic, and actions of other people including participants, volunteers, spectators, and/or the Released Parties (as defined below). I acknowledge that the Released Parties have made no representations or guarantees as to the safety of the Event to me, and that I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, whether known or unknown.
2. I, for myself and on behalf of my heirs, assigns, and legal representatives, VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO HOLD HARMLESS AND INDEMNIFY the Bicycle Coalition of Maine, other participants or volunteers in the Event, sponsors or advertisers of the Event, and if applicable, owners and lessors of premises used to conduct the Event, and all officers, agents, volunteers, contractors, and employees of each of the foregoing persons or entities, all of whom shall collectively be referred to as the “Released Parties,” or individually as a “Released Party,” from any and all liability, claims, demands, or actions for any injury or death to me, for injury to my property, or for which I may be liable to others, which are in any way connected with my participation in the Event. I AGREE AND UNDERSTAND THAT THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF MAINE, INCLUDING THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
3. I hereby represent that I am physically capable of participating in this Event, that my bicycle and any other equipment I may use to participate in the Event is in good working condition, that I will observe all applicable traffic laws and Event rules, that I will wear a helmet that meets the ANSI or SNELL bicycle safety standards, ride no more than two abreast, obey all pertinent traffic laws and the directions of all traffic control personnel, carry adequate drinking water, use appropriate hand signals when turning, be equipped with proper lighting if riding between sunset and sunrise, and generally conduct myself in a safe and prudent manner while participating in the Event. I acknowledge that I will be unsupported and not considered part of the Event should I deviate from the official course and hours of course operation and accept responsibility for my safety and welfare should I deviate from the course and hours of operation.
4. RISKS RELATED TO CORONAVIRUS/COVID-19: I hereby acknowledge, agree, represent, and warrant that I shall not participate in the Released Parties programming within fourteen (14) days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and I agree that I am aware of this list and the countries listed. I hereby agree, represent, and warrant that I shall not participate in the Released Parties programming if I: (i) experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) have a suspected or diagnosed/confirmed case of COVID-19. I agree to notify program organizers immediately if I believe that any of the foregoing restrictions may apply. I agree to wear an appropriate face and nose covering when I am not able to maintain six feet physical distance from other participants, regardless of my vaccination status.
5. I give permission to BikeMaine and the Bicycle Coalition of Maine, and their assigns and licensees, to use my name and any photographs taken of me during the Event in any promotional materials, events, or publications.
6. I represent that without the permission of the organizer of the Event I will not transfer my right to participate in the Event to any other party, or encourage any other party to participate in the Event, unless registered with the organizer, and will hold harmless and indemnify the Released Parties from any liability of the Released Parties because this representation is found to be untrue.
ALL DISPUTES BETWEEN MYSELF AND ANY RELEASED PARTY ARISING FROM MY PARTICIPATION IN THE EVENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF MAINE, AND THE EXCLUSIVE JURISDICTION THEREOF SHALL BE IN THE STATE COURTS OF THE STATE OF MAINE, AND THE VENUE FOR THESE DISPUTES SHALL BE IN CUMBERLAND COUNTY, MAINE.
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON OR UNDER ANY CIRCUMSTANCE, IT IS INTENDED THAT ALL OTHER TERMS WILL BE ENFORCED IN ALL OTHER CIRCUMSTANCES.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND I INTEND BY CHECKING BELOW I DO CONSTITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF MAINE.
I HAVE NOT RELIED ON THE ADVICE OR INPUT OF ANY RELEASED PARTY ABOUT THE INTERPRETATION OR EFFECT OF THIS AGREEMENT, AND FURTHER ACKNOWLEDGE THAT NO RELEASED PARTY HAS THE AUTHORITY TO MAKE ANY REPRESENTATIONS CONCERNING THE INTERPRETATION OR EFFECT OF THIS AGREEMENT, OR TO VERBALLY LIMIT OR MODIFY ANY TERM OF THIS AGREEMENT.