aangcc waiver of liability

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By signing this AANGCC Release and Waiver of Liability (“Waiver”), and for consideration of participation in the club group rides, event rides such as Bike MS, Ride To End ALZ, Rosedale Rides, or any other event (“Event”), that the club partake in, I, ___________________, fully and completely waive and release the All Ass No Gas Cycling Club (“AANGCC”), its chapters, directors, officers, administrators, representatives, and executors, past and present employees, volunteers, agents, supervisors, participants, all state and local governments, assigns, sponsors, their representatives and successors and other persons (collectively, the “Releasees”), from any and all claims, liabilities, damages, and/or causes of action arising out of an injury to me (or my dependent) and from any and all claims, liabilities, damages, and/or cause of actions arising from, or relating to, my (or my dependent’s) participation or attendance in the Event. 

Inherent and Potential Risks 

I understand that cycling is a strenuous physical activity that can be demanding and tasking on the body, especially when riding long distances.  I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in Bike MS relating to the risk of strenuous physical activity, collisions with other riders, vehicles, and pedestrians, or falling off my bicycle. I acknowledge that I (or my dependent) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks from contact with other participants and volunteers (including, but not limited to, contracting a disease), negligent or wanton acts of other participants and volunteers, any defects of conditions of road surfaces (including uneven or wet road surfaces or gravel on the road surface), failure of cyclists, vehicles, and non-participants to observe traffic signals or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity. To the extent that applicable statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Releasees. 

I acknowledge that electric assisted bicycles may be permitted at group rides and  events provided that such bikes are classified as bicycles under applicable state law. If I choose to ride an electric assisted bicycle in AANGCC group rides or events (Bike MS, Rosedale Rides, Ride To End ALZ, and others), I understand that it must be operated at considerably safe speed that does not affect or impede the safety of other riders.

 I assume all risks associated with consuming any food or drink available at the Event. I am solely responsible for any adverse health effects from food or beverage consumption, regardless of any allergy, known or unknown, that I (or my dependent) may have. I agree NOT to consume alcohol or narcotics prior to or while cycling in any AANGCC group rides or events. 

I acknowledge that my participation in AANGCC may involve an overnight stay and time off my bicycle where I am still attending club event (s) as a member of the club. I assume all risk for any and all activities in addition to cycling that I (or my dependent) engage in throughout the entirety of the event, including my (or my dependent’s) safety for the entirety of the event. 

I agree to dress myself (or my dependent) appropriately as to mitigate risk of physical injury to myself (or my dependent) including, but not limited to: wearing shoes appropriate for strenuous cycling involved in the event; and dressing in conjunction with the weather. I understand that wearing a helmet that satisfies Consumer Product Safety Commission (“CPSC”) standards is a requirement to participate in all club rides and events.  NO EXCEPTIONS.  I agree to wear a helmet that satisfies CPSC standards for the entirety of my participation in AANGCC group rides and events.

I agree that the Releasees are not responsible for any personal items or property (including rented or borrowed property) lost, stolen or damaged before, during, or after any and all club rides and events.  I further understand that if I ride an unsupported route, I assume all associated risks therewith, 

Weapons are strictly prohibited at all AANGCC group rides, social gatherings, or events. I agree not to bring a weapon of any kind to the Event, including all AANGCC pre and post event activities.  

Medical Evaluation 

I attest that I (or my dependent) am medically and physically able to participate in any and all AANGCC group rides and club events, including Bike MS, Ride To End ALZ, Rosedale Ride, or any other events that the club is involved in.

If I experience any doubt as to my (or my dependent’s) ability to successfully and safely participate in and/or complete AANGCC group rides or events, I take full responsibility for consulting a physician. I attest that, if I (or my dependent) am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or my dependent) should have or did consult a physician prior to participating in any club rides.

At my own expense, I consent to emergency medical transportation, including care in the event of injury to me (or my dependent) as medical professionals may deem appropriate. This Waiver 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, negligent emergency rescue operation.

Voluntary Participation 

I am fully aware of the risks connected with participation in group cycling, whether specifically listed in this Waiver or not, and I voluntarily elect to participate knowing that my participation involves these risks. My voluntary participation and waiver also acknowledge any additional risks occasioned by any inherent or previously-existing physical limitations, whether known to me or not, that I or my dependent may have. 

Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
In consideration for being permitted to participate in AANGCC group rides, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following: 

 1. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me (or my dependent), or any loss or damage to property owned by me (or my dependent), as a result of participating in any and all AANGCC group rides, events, and activities. 

2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my dependent), or to any property belonging to me (or my dependent), while participating in AANGCC group rides including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the negligence or carelessness of the Releasees. 

Acknowledgment and Compliance with Rules 

I agree to observe all rules and safety procedures that accompany AANGCC group rides, including county, city, state, and federal laws pertaining to cycling.  Furthermore, I agree to  abide by decisions of group ride leaders, or any decision of an event official relative to my (or my dependent’s) ability to safely participate in any given event.  I agree to exhibit appropriate behavior at all times and to obey all laws, including all applicable state and local laws and regulations governing cyclists. 

Contagious or Infectious Disease Acknowledgement 

I hereby acknowledge and understand my participation includes the possible exposure to and illness from contagious or infectious diseases, such as the 2019 novel coronavirus (“COVID-19”). I accept the risk of life-threatening illness, temporary or permanent disability, or even death. I understand that AANGCC cannot guarantee that I will not become infected with a contagious or infectious disease during any of its group rides, events, or activities, including social gatherings.

Further, I knowingly and voluntarily agree to follow all required and relevant federal, state, local, and Society guidelines and recommendations to maintain the health and safety of event attendees. I will not participate in any group rides, events, or activities if I am sick or if I have knowingly been exposed to someone with symptoms of an infectious or contagious disease. 

Severability 

I agree that if any portion of this Waiver is deemed to be invalid, the remainder of the Waiver will still be binding and enforceable.

Photographs, Videos and Website Release 

I hereby grant full permission to the All Ass No Gas Cycling Club to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in group activities and  event, including all social gatherings pre and post event activities - without any restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of the club. 

Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, and I grant permission for the AANGCC to publish and recognize my participation in any of the club events on its website and social medial channels.  

                                                    BIKE MS RELEASE AND WAIVER OF LIABILITY

Full Name: ________________________________________________________________

Address:__________________________________________________________________

City/State/Zip:_____________________________________________________________

Mobile #:___________________________  Home/Work #:__________________________

Emergency Contact:________________________  Emergency Contact #: _____________

Signature: _____________________________________ Today's Date:________________

                                   COMPLETE BELOW SECTION IF YOU ARE A PARENT/GUARDIAN 

                                                    OF A PARTICIPANT UNDER THE AGE OF 18:

I attest that I am in fact the parent or legal guardian of the below-named participant and I am legally authorized to sign on the participant’s behalf. I hereby give my approval to this individual’s joining All Ass No Gas Cycling Club, and participating in the club's group rides, events, and social activities.

I assume all risks and hazards incidental to such participation, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Releasees for any claim arising or any injury to my dependent and from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever arising out of or connected with my dependent’s participation in AANGCC group rides, activities, or events.  I consent to the foregoing and grant permission for my dependent to participate and become a member of All Ass No Gas Cycling Club.

I acknowledge I have carefully read, accept, and agree to the terms of this Waiver, and know and understand its contents and I sign the same on my own free act and deed. 

Dependent’s Full Name: ___________________________________________________ 

Parent/Guardian’s Full Name: _______________________________________________

Parent/Guardian’s Signature: _______________________________________________ 

Today's Date: ____________________________________________________________