Release and waiver of liability, assumption of risk, and indemnity agreement
Queen City Wheels, Inc. is an
organization that is run by and for its members. QCW has no paid
staff and encourages all of its members to assist with club functions
and activities. QCW does not discriminate nor condone
discrimination either because of race, color, creed, religion, sex, age,
national origin, sexual orientation, marital status or veteran status.
QCW expects all of its members to wear helmets on its rides and
act in a safe manner in accordance with local motor vehicle laws.
IN CONSIDERATION of being permitted to participate in any way in QCW ("Club") sponsored Bicycling Activities ("Activity"), I for
myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of
Bicycling Activities and that I am qualified, in good health, and in
proper physical condition to participate in such Activity. I further
acknowledge that the Activity will 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.
2. FULLY UNDERSTAND that: (a) BICYCLING ACTIVITIES 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
be 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 ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur
as a result of my participation in the Activity.
3. HERBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, their
respective administrators,directors, agents, officers, members,
volunteers, and employees, other participants, any 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
NEGIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE
OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER
OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone
on my behalf, makes a claim against any of the Releases, I WILL
INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any
litigation expenses, attorney fees, loss, liability, damage, or cost
which any may incur as the 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 LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS
AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL
CONTINUE IN FULL FORCE AND EFFECT.