CREST CRANK 2023 RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in any way in the 2023 Crest Crank Bicycling Event (“Event”), for myself and my estate, personal representatives, administrators, assigns, heirs, and next of kin:
1. I 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 activities. I further acknowledge that the Event will be conducted over public lands, private lands, public roads, and facilities open to the public during the Event 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 Event and bring such to the attention of the nearest Event representative immediately.
2. I acknowledge and willingly agree to abide by all rules, terms, and conditions of the Event and by any decision of an Event official relative to my ability or inability to participate in the Event safely, and I further agree that Event officials may authorize necessary emergency treatment for me or withhold my ability to participate further in the Event as a result of such medical treatment or for any other reason. I further agree that it is my full and sole responsibility to be familiar with the Event course and agenda, the Releasees' (as defined herein below) rules, and any special regulations for the Event, and I willingly agree to comply with all such rules and regulations. I understand, acknowledge, and agree that situations may arise during the Event which may be beyond the control of the Releasees, and, at all times during the Event, I must participate so as not to endanger myself or others. I accept full and sole responsibility for the condition and adequacy of my equipment, any equipment provided for my use, and my conduct in connection with the Event. I willingly agree and represent that I will wear a helmet which satisfies the requirements of the Releasees' rules or regulations and that can protect against serious head injury. I hereby assume all responsibility and liability for the selection and use of such a helmet. I further agree to be fully and solely liable for any fees or costs associated with any loss or damage, including but not limited to personal, property, physical, or otherwise, I may sustain at anytime during the Event.
As it applies to my participation in this ride, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state of Colorado, Chaffee County, City of Salida or by this race for my participation in this race.
2a. I willingly agree to forego participation in the event if I am feeling sick or have a fever on the day of the event.
2b. I willingly agree to wear a mask/face covering while in enclosed spaces with other participants and/or volunteers, including shuttle vehicles, if required. I willingly agree to wear a mask/face covering when I am within 6 feet of other participants and/or volunteers, if required.
3. I fully understand and acknowledge that bicycling activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death, and that these risks and dangers may be caused by my own actions or inactions, the actions or inactions, including negligence, of the Releasees or others participating in the Event, and the conditions and locations in which the Event takes place. Such risks and dangers include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, lack of hydration, and actions or inactions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, event monitors and producers of the event. These risks and dangers are not only inherent to athletics, but also present for volunteers. There may be other risks and potential social and economic losses either not known to me or not readily foreseeable at this time, and I FULLY AND WILLINGLY ACCEPT AND ASSUME ANY AND ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, AND ASSUME FULL AND SOLE RESPONSIBILITY FOR ANY AND ALL LOSSES, COSTS, AND DAMAGES I MAY INCUR AS A RESULT OF MY PARTICIPATION IN THE EVENT.
4. To the fullest extent permitted by law, I HEREBY WILLINGLY RELEASE, DISCHARGE, COVENANT NOT TO SUE, INDEMNIFY, AND HOLD HARMLESS the Event, The Alliance and its respective administrators, directors, agents, officers, members, volunteers, and employees, Chaffee County, the City of Salida, the US Forest Service, the United States, any sponsors, owners and operators of motor vehicles, and officers, directors, employees, volunteers, and lessors of any of the foregoing persons or entities (each one considered one of the “Releasees” herein) from and for any and all liability, claims, demands, losses, or damages arising out of or relating to any INJURY, DISABILITY, OR DEATH I may suffer or loss or damage to person or property, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENT RESCUE OPERATIONS. I hereby acknowledge and willingly agree that the Releasees have no obligation to provide medical care and have not undertaken the responsibility to do so. In the event that I receive medical care as a result of a medical emergency, I hereby consent to such care and FULLY RELEASE the person(s) providing such care from any and all liability, WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE. I further willingly 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 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 be incurred as a result of such claim, to the fullest extent permitted by law.
5. I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT FREELY AND VOLUNTARILY 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. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOT WITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
6. I must be over the age of eighteen (18) to execute this agreement or my parent/legal guardian must execute it on my behalf. If I am a parent/guardian and registering a minor under the age of eighteen (18), I willingly agree to accompany said minor at all times during the Event or arrange for another capable adult of my choice to accompany said minor, including throughout the entire duration of the Event and any pre- and post-Event activities.
7. PHOTO RELEASE. I understand that my name, photograph, voice, or likeness (and that of my minor family members) may be used by the Releasees and its agents to broadcast, telecast, print account, or use any other account in any medium for publicity or promotional purposes. I hereby waive any right I may have to inspect and approve the final reproductions or any copy that may be used in connection therewith or the use to which it may be applied, and, to the fullest extent permitted by law, I hereby release, discharge, and agree to hold the Releasees harmless from any and all liability by virtue of any such use, including without limitation any claims of libel or invasion of privacy or any other legal or equitable claims I may have now or in the future relating thereto.
8. This agreement shall be governed by the laws of the State of Colorado. Any controversy or claim arising out of or relating to this Agreement or the performance thereunder, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Denver, Colorado USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Such proceedings will be governed by substantive state of Colorado law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
This document is provided via the Crest Crank online registration process, which requires clicking a box to acknowledge awareness of and agreement to this document in order to register for the Crest Crank event. By completing the online registration process, I acknowledge and agree to the terms of the Crest Crank 2023 Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement.
PARENT/LEGAL GUARDIAN FOR MINORS UNDER THE AGE OF EIGHTEEN (18)
The parent or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save, hold harmless, and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parent or legal guardian.
This document is provided via the Crest Crank online registration process, which requires clicking a box to acknowledge awareness of and agreement to this document by a parent or legal guardian for minors under the age of 18 in order to register for the Crest Crank event. By completing the online registration process for a minor, I acknowledge and agree to the terms of the Crest Crank 2023 Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement.
