Event Activity Waiver

VOLUNTARY RELEASE, WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("Agreement") 

In consideration of my participation in this event, The Biketopia Berklandville Crusier Alley Cat & Scavenger Hunt, commencing at 1501 Powell Street, Emeryville, CA 94608  (including any other activities, contest or events, collectively the “Event”), and all activities associated therewith, the event participants, my personal representatives, heirs, next of kin, spouse and assigns DO HEREBY:

  1. Release, Discharge and Covenant Not To Sue Biketopia, respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, advertisers, and if applicable, owners and lessors of premise on which activity takes place, (all of their affiliated contractors, employees, volunteers, and insurers (all collectively referred to herein as "Releasees") from any and all claims, loss, liability, damages, or expense related to the Event in any way, arising out of 1) any wrongful or negligent acts or omissions on the part of Releasees or any other person; 2) failure or malfunction of any equipment or vehicle or 3) any other cause whatsoever, which may cause me injury, death, damages of any kind, delay, inconvenience or property damage.  I hereby covenant to defend Releasees, hold Releasees harmless, and to indemnify Releasees for any claim, loss, liability or expense (including, without limitation, attorneys’ fees and costs which Releasees, or any of them, may incur) Releasees may incur in connection with the Event or arising out of my activities.

  2. Understand that by participating in this Event and/ or entering any premises owned or controlled by Releasees, that you are assuming liability for an injury or death if such injury or death results from the inherent risks of contracting COVID-19.

  3. Understand that participation in this Event can present hazards and danger of injury.  My participation is voluntary and I Voluntarily Elect to Accept All Risks connected with my participation in the Event. 

  4. Understand that athletic events involve certain inherent risks of possible injury, including or loss of life.  Despite these risks, I still choose to proceed in such activity. I ACKNOWLEDGE, agree, and represent that I understand the nature of Bicycling Activities and that I am qualified in good health, and in proper physical condition to participate in such Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

  5. Fully understand that: (a) bicycling activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by my own actions or inaction's, the actions or inaction's of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the “Releasees” named in this document; (c) there may be other Risks and social and economic losses, either not known to me or not readily foreseeable at the time; and I fully accept and assume all such Risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the Activity.

  6. Acknowledge that I am familiar with any equipment I may be using, or will become familiar with it prior to use, and the safety and warning aspects of such equipment, and I will comply with these.  If I fail to do so for any reason, I ASSUME ALL RISK for myself and assume all liability to others for such failure, and I HEREBY RELEASE Releasees for any failure or malfunction in the equipment or its inadequacy for the use I make of it 

  7. Represent that I know of no physical disorder which should keep me from participating in the Event and I agree that I AM SOLELY RESPONSIBLE for any and all injuries or harm that I may incur in participating in the Event.

  8. Agree that this Agreement shall apply to any incident, injury, accident or death associated with the Event, and to any injury, accident, death, or damages occurring as a result of the Event any time after the execution of this Agreement.

    Agree that in the event any court finds any of the provisions of this Agreement unenforceable, then such court shall sever such unenforceable provision to the extent necessary to enforce the remaining provisions of this Agreement. 

I HAVE READ THIS DOCUMENT.  I UNDERSTAND IT IS A RELEASE AND WAIVER OF ALL CLAIMS OR RIGHTS TO FILE A LAWSUIT OR OTHERWISE RECOVER FROM RELEASEES.  I UNDERSTAND I ASSUME ALL RISKS INHERENT IN THE EVENT AND IN THE ACTIVITIES I WILL PARTICIPATE IN.  I HAVE BEEN GIVEN TIME TO CONSIDER WHETHER TO PARTICPATE IN THIS EVENT, AND HAVE EITHER DONE SO OR VOLUNTARILY ELECTED NOT TO DO SO.