RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate in any way in the BROOKHAVEN BIKE ALLIANCE-sponsored bicycling activities or events (each an "Event" and collectively "Events"), I, for myself, my personal representatives, assigns, heirs, and next of kin:
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 an Event. I further acknowledge that Events may be conducted over public roads, trails, and facilities open to the public where hazards of travel are to be expected. If at any time I believe conditions to be unsafe, I will immediately discontinue my participation. Additionally, I represent that I have the authority to accept this waiver for any other riders included in my ride registration.
FULLY UNDERSTAND that:
(a) BICYCLING ACTIVITIES INVOLVE RISKS of serious bodily injury, including but not limited to viral and bacterial infections, permanent disability, paralysis, and death ("RISKS");
(b) These risks may be caused by my own actions or inactions, the actions or inactions of others, conditions of the Event, or the negligence of the "RELEASEES" named below;
(c) There may be other risks and economic losses not known or readily foreseeable at this time. I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY for losses, costs, and damages incurred due to my participation or that of a minor under my care.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE BROOKHAVEN BIKE ALLIANCE, its administrators, directors, agents, officers, members, volunteers, employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used for Events (each considered one of the "RELEASEES"), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES caused or alleged to be caused in whole or in part by the negligence of the RELEASEES or otherwise, including negligent rescue operations. I further agree to INDEMNIFY, SAVE, AND HOLD HARMLESS each of the RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost incurred as a result of any such claim.
ADDITIONAL TERMS & CONDITIONS:
(a) I acknowledge that CPSC-certified bicycle helmets are required at all Events and agree to wear one.
(b) I consent to emergency medical treatment if injured while participating in an Event and accept full responsibility for all medical expenses incurred.
(c) I acknowledge that ride leaders, if present, are not responsible for my safety, and that Event routes may not be the safest or easiest routes. BROOKHAVEN BIKE ALLIANCE reserves the right to remove any participant deemed to be endangering themselves or others. However, they are not responsible for cyclists not removed from an Event.
(d) MEDIA RELEASE: I grant permission to BROOKHAVEN BIKE ALLIANCE to use my image in photos or videos taken during an Event for promotional purposes without compensation.
(e) I acknowledge that BROOKHAVEN BIKE ALLIANCE is not responsible for delays or cancellations due to circumstances beyond their control, including but not limited to natural disasters, civil disturbances, governmental actions, or hazardous road conditions.
BINDING AGREEMENT
This Waiver & Release applies to all my participation in Events and is binding upon me, my family, heirs, estate, legal representatives, and assigns. Any legal action arising from my participation in an Event will be brought in DeKalb County Superior Court in Georgia. I have read this document and fully understand its terms.
MINOR PARTICIPANT RELEASE & PARENTAL CONSENT
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, understand the nature of bicycling activities and believe the minor to be qualified, in good health, and in proper physical condition to participate. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS each of the RELEASEES from any liability, claims, demands, losses, or damages on the minor’s account caused in whole or in part by the negligence of the RELEASEES, including negligent rescue operations. If I, the minor, or anyone on the minor’s behalf makes a claim against any of the RELEASEES, I agree to INDEMNIFY, SAVE, AND HOLD HARMLESS each RELEASEE from any litigation expenses, attorney fees, loss, liability, damage, or cost incurred.
ADDITIONAL TERMS FOR MINORS:
(a) A parent or legal guardian must sign for and accompany all minors under 16.
(b) Minors aged 16-17 may participate unaccompanied with this signed waiver AND 24-hour advance permission from the ride leader or other authorized representative.
(c) I authorize emergency medical treatment for the minor and accept full responsibility for all associated costs.
(d) MEDIA RELEASE: I grant permission to BROOKHAVEN BIKE ALLIANCE to use minors' images in photos or videos taken during an Event for promotional purposes without compensation.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT AND AGREE TO ITS TERMS.