RELEASE OF LIABILITY AND COVENANT NOT TO SUE In consideration of my participation (or the participation of the minor identified herein) in a trail work event, group ride, or other activity (the “Event”) organized by Oklahoma Earthbike Fellowship (“OEF”), I agree to the following Release of Liability and Covenant Not to Sue (the “Release”): 1. Acknowledgment and Assumption of Risks. I understand that participating in the Event is potentially dangerous and it involves significant risks of personal injury, death, and property damage. I understand that some risks are foreseeable, including but not limited to risks associated with the following, and other risks are unforeseeable: (i) risks associated with walking or bicycling over rough and rugged terrain; (ii) carrying, and using in close proximity to others, sharp and/or heavy tools and/or machinery (by means of example, axes, chainsaws, roto-tillers, and other tools or mechanized trail building equipment); and/or (iii) the negligence of OEF and/or other Event sponsors, volunteers, and/or participants. I hereby assume and accept responsibility for all risks of personal injury, death, and property damage which might be associated with my participation in the Event whether known or unknown and whether attributable to my actions or inactions or the actions or inactions (including negligence) of anyone else. 2. Release of Liability and Covenant not to Sue. I hereby release and discharge OEF, Event sponsors, owners of any real and/or personal property that is part of the Event, and all of their respective directors, officers, members, volunteers, employees, and agents (collectively, the “Released Parties”) from any responsibility, liability, claims, damages, costs and expenses (including attorneys’ fees), and from any causes of action either known or unknown, relating to or arising out of my participation in the Event (collectively, “Liabilities and Claims”). Further, I hereby covenant not to sue or assert any claim against the Released Parties relating to or arising out of my participation in the Event. 3. Indemnity. I agree to indemnify and hold harmless the Released Parties from and against any Liability and Claims attributable to personal injury or death, or to damage or destruction of property relating to or arising out of my participation in the Event. If I am signing this Release on behalf of a minor, I agree to indemnify and hold harmless the Released Parties from and against any Liabilities and Claims attributable to personal injury or death, or to damage or destruction of property relating to or arising out of the participation in the Event by such minor, including any claims made by or on behalf of such minor. 4. Representations. I represent that: (i) I am 18 years old or older; (ii) I know of no reason, medical or otherwise, which would prevent me from participating in the Event; and (iii) I understand and agree that this Release is binding upon me, and my heirs and assigns; and (iv) if I am signing this Release on behalf of a minor, I represent that I have full legal authority to do so and realize the binding effect of this Release on them, as well as on myself. 5. Consent to Medical Treatment. If I, or the minor on whose behalf I am signing this Release, is injured or becomes ill, I consent to and authorize the provision of emergency first aid or medical treatment; however, I understand and that nobody shall have any obligation to provided first aid or medical treatment. 6. Photo/Video Release. I grant permission to OEF to take (or cause others to take) photographs and videos of me during the Event, and to use the same for any purpose including but not limited to promoting, advertising and marketing. I acknowledge and agree that any such photographs and videos shall be the sole property of OEF and its assigns. 7. Execution by Parent/Guardian. If I am signing this Release on behalf of a minor, the pronouns “me” and “my” when used in reference to participation in the Event shall refer to the minor (e.g., my participation shall mean the minor’s participation). 8. Interpretation and Venue. This Release shall be construed according to the laws of the State of Oklahoma. Any action arising out of the Event or this Release shall be litigated in either a state court located in Oklahoma County, Oklahoma or the United States District Court for the Western District of Oklahoma. 9. Electronic Execution. I acknowledge that by the affirmative act of completing this online waiver, I am signing this Release. I, THE UNDERSIGNED, HAVE CAREFULLY READ THIS RELEASE, I FULLY UNDERSTAND ITS TERMS AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW. ___________________SCIP/MIDWEST CITY ADDENDUM__________________________________ Enter your full name, and the full names of any minors under your responsibility below to signify acceptance of this waiver for yourself and your minors.I acknowledge that I am a volunteer of Oklahoma Earthbike Fellowship, Inc. hereinafter referred to as “SPONSOR”) and have agreed to assist in the maintenance of Mountain Bike Trails at: SCIP Recreational Trail (hereinafter referred to as “LOCATION”) in Midwest City. I acknowledge that I am not an employee of and not under any employment contract with the SPONSOR or The City of Midwest City to perform work or labor at the LOCATION. I further acknowledge that I am at least 18 years of age, of sound body and mind, and have no physical or other impairments that would prevent or limit me from performing such volunteer work. I recognize that such work may involve heavy lifting and other strenuous and risky activity, the consequences of which I accept. If I am injured during such maintenance, I agree to look to my own resources and/or my own insurance to cover any medical bills or other losses that I may suffer. No worker's compensation will be available.I hereby release SPONSOR and The City of Midwest City and their officers, agents, employees, affiliates, successors and assigns from any and all liability, claims and losses, of every kind, which I now have or ever had or which may later accrue, relating to any action or inaction taken by any of the foregoing with respect to the maintenance of the aforementioned landscape improvements and any and all activities undertaken in connection with such maintenance. *
