Bike Scout PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
September 26, 2015
In consideration of the services of Bike Scout, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Bike Scout""), I hereby agree to release, indemnify, and discharge Bike Scout, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: I acknowledge that my participation in Bike Scout and in all bicycle, street, walking and gane playing activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls collision with fixed or movable objects or other watercraft; boat capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; water craft are slippery when wet and accidents can occur getting in or out; damage to equipment or personal injury; aBike Scoutidental drowning; crashing; forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; consumption of food or drink; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Traveling on the street raises the possibility of any manner of transportation accidents." Furthermore, Bike Scout organizers, employees and volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to ride safely while participating in this activity and comply with all local and Federal laws, rules and regulations. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Bike Scout from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of Bike Scout's equipment or facilities, including any such claims which allege negligent acts or omissions of Bike Scout, Velo Cult, Ex Novo, Filmed by Bike, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf Should Bike Scout or anyone acting on it's behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself I further certify that I am willing to assume the risk of any medical or physical condition I may have. "Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs. I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness. Even if I have a health condition as stated above of which I am unaware, by signing this form I still choose to participate in the activity of Stand Up Paddle boarding, prone paddle boarding, canoeing or surfing and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of any of the above referenced activities, I will notify an organizer, or volunteer immediately and before leaving the premises and starting participation in any event. I have read these declarations, understand them, and I agree to be bound by them. Important: If you cannot sign the above declaration because of any of the above conditions, you must notify a organizer of Bike Scout before participating in any activities. In the event that I file a lawsuit against Bike Scout, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I agree to do so solely in the state of Oregon, and in Multnomah County. I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Bike Scout on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Below, I will enter my name, initials and email address as my signature for this waiver.
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