Gulf Coast Velo Release and Indemnity Agreement
In consideration of my acceptance as a new and continuing member of Gulf Coast Velo, Inc., including its predecessors and successors, I hereby freely and voluntarily acknowledge and agree as follows:
I ASSUME ALL RISK, known or unknown, incidental to membership in Gulf Coast Velo, Inc., and in all official and unofficial club activities. I acknowledge and understand that participation in cycling of any kind (whether racing, training, recreational or otherwise, and whether as a rider, coach, mechanic, spectator or in any other capacity) is an inherently dangerous activity, and that racing in particular is extremely dangerous, and that the dangers of any such activity include, but are not limited to, collisions, falls, road hazards, motor vehicle accidents, equipment failures and weather hazards, and that such dangers may result in death, broken bones, trauma, heart failure or other cardio-vascular occurrences, and innumerable other sever physical or mental injury or trauma.
On my behalf, and on behalf of my heirs, executors and administrators, I HEREBY INDEMNIFY, AGREED NOT TO SUE, AND RELEASE AND FOREVER DISCHARGE FROM ANY AND ALL LIABILITY OF WHATSOEVER NATURE AND KIND, Gulf Coast Velo, Inc., as well as the “Released Parties” (defined in exhibit A), of and from all liabilities, claims, actions, damages, costs, or expenses of any nature arising out of or in any way connected with my membership in Gulf Coast Velo, Inc., or arising out of my participation in any cycling, racing, or other activities in connection therewith, and I further agree to indemnify and hold Gulf Coast Velo, Inc., as well as each of the Released Parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses including, but not limited to, all attorney’s fees and costs, whether as a result of simple or gross negligence, misfeasance, or any other act or occurrence of whatsoever nature and kind. I understand that choosing to participate in any Gulf Coast Velo, Inc., activity is an entirely volunteer act on my part and I completely, knowingly, voluntarily and intelligently agree to assume all risk associated therewith. I understand that this release and indemnity agreement also includes any claims based on simple or gross negligence, and actions or inaction of Gulf Coast Velo, Inc., its members, directors, or of any of the Released parties and includes bodily injury (including death) and property damage, whether suffered by me before, during or after such participation.
I hereby covenant, certify, represent and warrant the following: (I) I am 18 years of age or older, (II) I am in good health and have no physical or mental conditions or limitation that would endanger my membership in Gulf Coast Velo, Inc., or my participation in any of its activities, or that would endanger the safety of other persons, (III) I have sufficient cycling experience, (IV) and I authorize medical treatment for myself, at my sole cost, if the need arises. I further agree that if I or an y of my heirs, successors, administrators, assignees, or representatives bring any claim whatsoever in contravention of this agreement, the party bringing such claim shall be fully liable for all fees, costs, and expenses (including but not limited to attorney’s fees through all appeals) in connection with such claim this agreement shall be governed and interpreted in accordance with Florida law. Venue for any legal action relating to or arising out of this agreement shall be in Sarasota County, Florida. This agreement may not be modified or waived orally. Every term and provision of this agreement shall be severable such that if any term or provision is found to be unenforceable or invalid, all other terms and provisions of this agreement shall remain valid and enforceable.
THIS RELEASE INCLUDES ANY AND ALL RIGHTS AND CLAIMS ARISING FROM ANY PARTY’S NEGLIGENCE, INCLUDING THAT OF THE RELEASEE OR RELEASOR.
THIS RELEASE SHALL BE FOR AN INFINITE TERM AND MAY ONLY BE REVOKED BY WRITTEN INSTRUMENTATION SIGNED BY THE RELEASOR AND SERVED UPON A MEMBER OF THE BOARD OF DIRECTORS OF GULF COAST VELO, INC.
THE UNDERSIGNED PARTY ACKNOWLEDGES AND AGREES THAT BY SIGNING THIS DOCUMENT HE/SHE IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO SUE GULF COAST VELO, INC., OR ANY OF THE RELEASED PARTIES, FOR ANY REASON, AT ANY TIME, WITHOUT LIMITATION,
I HAVE READ AND DO HEREBY FREELY AND VOLUNTARILY AGREE TO THE FOREGOING, WHICH CONSIST OF TWO PAGES.
By Typing your initials you hereby AGREE to these terms
EXHIBIT A (RELEASED PARTIES)
The Released Parties are:
• Gulf Coast Velo, Inc., and it’s members, directors, and if officers (past, present, and future)
• United States Cycling Federation and its affiliates
• Gulf Coast Velo, Inc., suppliers, sponsors and promoter (past, present and future)
The Released parties also include, but not limited to, the parent, related and affiliated companies of all of the foregoing and the officers, directors, employees, agents, attorneys, representatives, members, successors, and assigns, spouses and family members of each of the foregoing persons or entities.
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