In consideration of becoming a member of Team Evergreen
Cycling (“Team Evergreen”) and for Team Evergreen allowing me to participate in
an event, ride, or other activity with which Team Evergreen is affiliated, including
but not limited to the Triple Bypass, and all activities related to or
connected with an event, including travel to and from an event (collectively an
“Event”), whether as a rider, official, coach, mechanic, volunteer, spectator,
or otherwise, I, for myself, my spouse, children, guardians, heirs and next of
kin, and any legal and personal representatives, executors, administrators,
successors and assigns, hereby agree as follows:
Assumption of Risk. I am aware that cycling and/or
participation in an Event, involve inherent risks, including but not limited to
collision with pedestrians, vehicles, other participants, animals, and fixed or
moving objects; imperfect course conditions; surface hazards, including
potholes; equipment failure; inadequate safety equipment; use of equipment or
materials provided to me by others; those associated with man-made and natural
jumps; sickness or disease (including communicable disease such as COVID-19 and
its variants); and weather conditions. I fully understand that participating in
an Event is an extreme test of a person’s physical and mental limits and may
involve the risk of serious injury or death, economic loss, property damage or
loss that may result from my actions, inactions, or negligence, and also from
the actions, inactions or negligence of others.
Release of Liability. I hereby forever release,
waive, and discharge Team Evergreen and
its affiliates, and each of their respective officers, directors, agents,
employees, volunteers, independent contractors, members, clubs, officials,
event directors, local associations, sponsors and affiliates as well as the,
sponsors, organizers, property owners, law enforcement agencies, local
governments, and other public entities, connected with an Event, and each of
their respective officers, agents, employees, and volunteers (collectively,
“Releasees”) from any claims that may arise out of or are related to my
participation in an Event, including claims arising from the ordinary
negligence of Releasees.
Covenant Not to Sue and Indemnity Agreement. I will
not make any claim against Releasees for injury, damage, death, or any other
loss arising from or related to my participation in the Event. I understand
that if I attempt to sue Releasees in violation of this agreement, Releasees
may seek to recover all of their costs, including legal fees. I agree to
indemnify, hold harmless, and defend Releasees from and against any actions,
causes of action, claims, charges, demands, losses, damages, costs, attorney’s
fees, judgments, liens, indebtedness, and liabilities of every kind, whether
known or unknown, including foreseen or unforeseen bodily injury and personal injuries
and property damage that may be sustained by me or any other person in any way
connected to, related to, or arising out of my participation in the Event.
Health. I represent that I am in good health and
proper physical condition to participate in an Event safely. I acknowledge that
it is my sole responsibility to make such determination and that I am
responsible for my well-being at all times while participating in an Event. If
I suffer any injury related to or arising from an Event, I consent to the
release of my name and medical information by any third party to Releasees and
their insurance carriers.
Rules; Regulations; Equipment. I agree to be familiar
with and abide by the rules and regulations established for an Event. I also
agree that I am subject to, and shall abide by, the rules and laws applicable
to the Event. I agree to be familiar with the Event course or route, and to be
solely responsible for navigation. I agree to ride and participate to neither
endanger myself nor others.
I accept responsibility for the condition and adequacy of my
equipment and any equipment provided by others for my use. I will wear a helmet
that complies with ANSI or SNELL rules and regulations, and I assume all
responsibility for the selection of such a helmet.
FOR TRIPLE BYPASS: I agree to the posted closing
times of the aid stations along the route and understand after the closing
times the event ride support will cease. I understand that I must wear my
personal registration wristband and have my plate properly mounted to my bike
to be granted access to Highway 103, Swan Mountain Road and to otherwise
participate in the Triple Bypass. I hereby consent to receive medical treatment
which may be deemed advisable in the event of injury, accident and/or illness during
this event. In the event of accident and/or injury I further consent to the
release of any and all transport, treatment and/or medical information to the
Club relating there to.
Use of Information. I understand that Team
Evergreen may collect or receive my contact information in connection with this
agreement and use it to administer this agreement and for marketing purposes. I
further acknowledge, agree and consent that Team Evergreen and its designees
may share this information with third parties who need access to this
information to perform services on Team Evergreen’s behalf, (b) Team Evergreen
may also share this information with select marketing partners, and (c) Team
Evergreen and its select marketing partners may use this information to contact
me with information and offers believed to be of interest to me.
Media Grant. I irrevocably grant and license to Team
Evergreen and its affiliates, the right to capture and use my image, likeness,
name, voice, comments or other proprietary or public rights in any broadcast,
telecast, photograph, video, or audio sound recording taken in connection with
an Event, without compensation, for all purposes, including any commercial use
so long as such use does not imply my endorsement of any company, product, or
service.
Governing Law; Jurisdiction; Severability. This
agreement shall be governed by and construed under the laws of Colorado,
without regard to its choice of law rules. Any legal suit, action, or
proceeding arising out of or relating to this agreement shall be instituted in
the courts of Jefferson County, Colorado.
Each party irrevocably submits to the exclusive jurisdiction of such
courts in any such suit, action or proceeding. If any provision of this
agreement is invalid, illegal, or unenforceable in any jurisdiction, such
invalidity, illegality, or unenforceability shall not affect any other
provision of this agreement or invalidate or render unenforceable any other
provision in any other jurisdiction.
Event Cancellations. There will be no refunds for
event cancellation including Acts of God, weather, smoke, fire, traffic,
construction, governmental action, war, terrorism, or other issues which in any
way limit the safe operation of the Activities.
Miscellaneous. This Waiver and Release shall be
construed broadly to provide a release and waiver to the maximum extent
permissible.
I have carefully read the preceding and understand its
terms. I attest that I am 18 years of age or older). I know that I am giving up
substantial rights, including my right to sue Releasees for injuries resulting
from the inherent risks of cycling and the ordinary negligence of Releasees. I
acknowledge that I am signing this agreement freely and voluntarily. I intend
my signature to be a complete and unconditional release of all liability to the
greatest extent permitted by law.
I certify that I have read, understood, and agreed to the
terms of this Waiver and Release by clicking a check box and entering my name into a form while registering for any Club event, including but not
limited to the Triple Bypass ride.