READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
As a condition of my participation in the Red Rock Events, LLC – Intermountain Cup Mountain Bike Racing Series (the ”Event”) as a participant, volunteer or otherwise, I hereby covenant not to sue, and agree to release from liability, the Event, together with its founders, owners, officers, directors, managers, agents and employees, licensees, and partners including but not limited to (a) Red Rock Events, LLC and their respective investors, officers, directors, managers, members, agents and employees; (b) Event trainers, pros and volunteers; and (c) any and all other sponsors, suppliers, agents, independent contractors and other personnel in any way assisting or associated with this Event (collectively ”Releasees”). This Release and Waiver (this ”Release”) is a contract with legal and binding consequences and it applies to all activities relating to the Event, whether located at the hotel, on the course, transporting or other event-related venues. I have read this Release carefully before signing, and I understand what it means and what I am agreeing to by signing.
In consideration of the acceptance of my application to participate or volunteer in this Event by one or more Releasees, I hereby freely agree to and make the following additional contractual representations and agreements:
1) I know that this Event, which may take place both in daylight and at night, is held on open roads and trails and by its very nature is a potentially hazardous activity. I voluntarily assume full and complete responsibility for all risks associated with participating in the Event and for any injury or accident that may occur during my participation in this Event, including by way of example and not limitation: (a) illness; (b) traveling to and from the event; (c) falls; (d) collisions with pedestrians, other riders, vehicles, other participants, and fixed or moving objects; (e) the effects of weather, including temperature extremes and humidity; (f) traffic accidents; (g) the negligence of myself and/or others, including Releasees; (h) animal attacks; and (i) road conditions, including darkness and surface conditions such as potholes, rocks, trees, and other potentially hazardous obstacles.
2) As a condition of my participation, I agree to abide by all trail, traffic, and pedestrian laws and regulations and to follow any and all of Releasees' safety instructions, including all rules and conditions set forth during registration and training. I understand that my failure to do so may result in serious injury or death and may be grounds for my removal from this Event.
3) I acknowledge that I should not enter and participate in this Event unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete this race and I further agree that race officials may authorize necessary emergency treatment for me
4) Having read this Release and knowing and assuming these risks, and in consideration of the acceptance of my participation, I hereby for myself, my heirs, my executors, administrators or anyone else who might claim on their own behalf or my behalf (collectively my ”Successors”), covenant not to sue, and FOREVER WAIVE, RELEASE, DISCHARGE, and HOLD HARMLESS Releasees from any and all claims or liability of any kind or nature whatsoever arising out of or related to my participation in this Event, even though such liability may arise out of negligence or carelessness on the part of Releasees.
5) In exchange for my being permitted to participate in the Event, and understanding there will be no additional compensation to me, I hereby authorize Red Rock Events, LLC, to use my image or likeness for promotional purposes. I understand the registration fees are nonrefundable.
6) I acknowledge and agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this Release, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending such claim. This Release may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate to any injury or death I may suffer arising from my participation in the Event. Every term and provision of this Release is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
7) I acknowledge and agree that there are no refunds if the race is cancelled or delayed due to causes beyond Releasees' control, including but not limited to, acts of God, war, strikes or labor disputes, fires, riots, terrorism, vandalism, accident, government orders, certain severe weather conditions such as severe heat, electrical storm, snowfall, tornadoes, earthquakes, hurricanes, flooding, fog, severe weather conditions where significant damage or alterations to the race course occur, or any other force majeure event.
USA Cycling Assumption of Risk, Release of Liability, Covenant Not to Sue and Indemnity Agreement
In consideration of USA Cycling (“USAC”) allowing me to participate in any USA Cycling sanctioned event or series and all activities related to or connected with any event or series, including travel to and from (collectively the “Event”), whether through the issuance of an annual or one-day membership, and 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:
1. Assumption of Risk. I am aware that cycling involves inherent risks, including but not limited to those associated with man-made and natural jumps; collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including pot holes; equipment failure; inadequate safety equipment; use of equipment or materials provided by the Event organizer and others; and weather conditions. I fully understand that participating in the 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 own actions, inactions or negligence, and also from the actions, inactions or negligence of others. I understand and voluntarily assume these risks.
2. Release of Liability. I hereby forever release, waive, and discharge USAC, USA Cycling Development Foundation and each of their respective officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, and affiliates as well as the Union Cycliste Internationale (“UCI”), sponsors, organizers, property owners, law enforcement agencies, and public entities, that are connected with the Event, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any and all claims that may arise out of or are related to my participation in the Event, including claims arising from the ordinary negligence of Releasees.
3. 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 and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and character, 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.
4. Health. I represent that I am in good health and proper physical condition to safely participate in the Event. I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my own well-being at all times while participating in the Event. If I suffer any injury arising from the Event, I consent to the release of my name and medical information by any third party to Releasees and their insurance carriers.
5. 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 competitive rules, regulations, policies and Code of Conduct adopted by USAC as amended from time to time and published at www.usacycling.org . I agree to be familiar with the Event course. I agree to ride and participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment and any equipment provided for my use. I will wear a helmet that complies with USAC rules and regulations and I assume all responsibility for the selection of such a helmet.
6. Anti-doping. I acknowledge that UCI Anti-Doping Rules and U.S. Anti-Doping Agency (“USADA”) Protocol apply to me and that I must comply with those rules. I agree to submit to drug testing and understand that the use of methods or substances prohibited by the applicable anti-doping rules would make me subject to penalties up to disqualification and suspension. I agree to submit to the results management authority and processes of USADA, including arbitration under the USADA Protocol, or to the results management authority of the UCI and/or my national federation, if referred by USADA.
7. Use of Information. I understand that USAC 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 (a) USAC and its designees may share this information with third parties who need access to this information to perform services on USAC’s behalf, (b) USAC may also share this information with select marketing partners, and (c) USAC and its select marketing partners may use this information to contact me with information and offers believed to be of interest to me.
8. Media Grant. I grant to USAC and its designees the right and license to use, copy, modify, broadcast, distribute, transmit, display, perform, present, create works and derivative works, and otherwise utilize my image, likeness, name, voice, comments or other personal information (collectively, “Personal Attributes”), in any manner or medium (whether now or hereafter existing), filmed, photographed or otherwise recorded or memorialized in any manner in connection with an Event, for any purpose whatsoever, without compensation or notice to or consent by me or any third party.
9. Governing Law; Jurisdiction; Severability. This agreement shall be governed by the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the state of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to this agreement shall be instituted in courts of the State of Colorado located in Colorado Springs, El Paso County. 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. I have carefully read the foregoing and fully understand its terms. I attest that I am 18 years of age or older (19 if in Alabama). I understand 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, and intend my signature to be a complete and unconditional release of all liability to the greatest extent permitted by law.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, Red Rock Events, sponsors, affiliates, volunteers, Three Peaks Classic, and individual Three Peaks Classic organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner Red Rock Events shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner Red Rock Events does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner Red Rock Events is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Red Rock Events facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner Red Rock Events relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner Red Rock Events.