This Waiver of Liability (the “Waiver”) executed and submitted on this in favor of FITZIP.ORG/EARN-A-BIKE OF SAN ANTONIO, a nonprofit corporation organized and existing under the laws of the State of Texas, USA, and its directors, officers, employees, and agents (collectively, “FitZip.org and Earn-A-Bike ”). I, the Rider/Participant, desires to particpate in events organized by FitZip.org/Earn-A-Bike and engage in the activities related to the programs. I hereby freely and voluntarily, without duress, execute this Waiver under the following terms: 1. Waiver and Release. I, the Volunteer, release and forever discharge and hold harmless FitZip.org/Earn-A-Bike Co-op. and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my particpation at FitZip.org/Earn-A-Bike Co-op related events.I understand and acknowledge that this Waiver discharges FitZip.org/Earn-A-Bike Co-op. from any liability or claim that I, the participant, may have against FitZip.org/Earn-A-Bike Co-op. with respect to bodily injury, personal injury, illness, death, or property damage that may result from my participation on the FitZip.org/Earn-A-Bike Co-op. work site. I also understand that FitZip.org/Earn-A-Bike Co-op. does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury, illness, death or property damage.2. Insurance. I, the Volunteer, understand that I expressly waive any such claim for compensation or liability on the part of FitZip.org/Earn-A-Bike Co-op. beyond what may be offered freely by the representative of FitZip.org/Earn-A-Bike Co-op. in the event of such injury or medical expense.3. Medical Treatment. I hereby release and forever discharge FitZip.org/Earn-A-Bike Co-op. from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my time with FitZip.org/Earn-A-Bike Co-op..4. Assumption of the Risk. I understand that my time with FitZip.org/Earn-A-Bike Co-op. may include activities that may be hazardous to me, including, but not limited to, cycling activities, bicycle mechanics, loading and unloading of heavy equipment and materials, and local transportation to and from events and activities. I hereby expressly and specifically assume the risk of injury or harm in these activities and release FitZip.org/Earn-A-Bike Co-op. from all liability for injury, illness, death, or property damage resulting from the activities of my time with FitZip.org/Earn-A-Bike Co-op.5. Photographic Release. I grant and convey unto FitZip.org/Earn-A-Bike Co-op. all right, title, and interest in any and all photographic images and video or audio recordings made by FitZip.org/Earn-A-Bike Co-op. during my work for FitZip.org/Earn-A-Bike Co-op., including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.6. Other. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Texas in the United States of America, and that this Waiver shall be governed by and interpreted in accordance with the laws of the State of Texas. I agree that in the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable.
I grant permission to Earn A Bike and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Earn A Bike and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview or guest lecture, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which Earn A Bike adheres to comply.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:
--I am aware of the existence of the risk on my physical appearance to the event and my participation to the activity of Earn A Bike that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
--I have not experienced symptoms that of fever, fatigue, difficulty in breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
--I have not, nor any member(s) of my household, traveled by sea or by air, internationally within the last 14 days.
--I did not, nor any member of my household, visit any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days.
--I have not been, nor any member(s) of my household diagnosed to be infected of COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following:
--I am fully and personally responsible for my own safety and actions while and during my participation and I recognize that I may be in any case be at risk of contracting COVID-19.
--With full knowledge of the risks involved, I hereby release, waive, discharge Earn A Bike, its board, employees, independent contractors, affiliates, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and cause of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
--I agree to indemnify, defend, and hold harmless Earn A Bike from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
By signing below, I acknowledge that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
This waiver will remain effective until laws and mandates relevant to COVID-19 are lifted.