MEDICAL RELEASE - ADDITIONAL CONDITIONS
The applicant and his/her representative agree that, in the event that the applicant requires medical or surgical treatment (including without limitation medical or surgical treatment for COVID-19) while under the supervision of USA BMX Freestyle personnel in connection with any sponsored activity or trip, such USA BMX Freestyle personnel may authorize medical treatment for the applicant. The applicant and his representative agree to pay for all medical, hospital, or other expense which the applicant may incur as a result of such treatment.
Pursuant to the Sanction Concussion Policy, applicant authorizes disclosure to Sanction,by any medical evaluator associated with a USA BMX Freestyle activity (an "Activity") of any health information about applicant, related to injuries or illnesses that applicant sustained during an event or other USA BMX Freestyle activity, including without limitation the making of a video to be submitted to USA BMX Freestyle, that may indicate applicant has suffered a concussion. This information will be used by the Sanction in applying their post-concussion protocol procedure for purposes of determining if and/or when applicant is medically cleared to continue participating in the sport. Applicant further understands and agrees that USA BMX Freestyle may give notice to member clubs and organizers of USA BMX Freestyle sanctioned events that post-concussion medical clearance is required before applicant returns to participation in the sport.
As a participant in events sanctioned and/or promoted by USA BMX Freestyle, the applicant and his/her representative hereby grant USA BMX Freestyle and its legal assigns, representatives and corporations the right and permission to (i) reproduce and copy, (ii) perform, (iii) distribute, (iv) publically display, (v) perform and distribute sound recordings through digital audio transmission, (vi) use, (vii) sublicense such rights to others, and (viii) register the copyright in and to photographic pictures, video or audio that is or has been recorded as part or portion of an USA BMX Freestyle event, photo-shoot, video submitted to USA BMX Freestyle or related activity. This release will also allow USA BMX Freestyle to use the applicant's name and likeness as part of any advertising, marketing, sale of goods, or video production and/or distribution by USA BMX Freestyle or if licensed to a third party.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT")
In consideration of participating in the USA BMX Freestyle Program I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the Activity.
I fully understand that this Activity involves risks of serious illness (including without limitation infection diseases like COVID-19), bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the Activity, the conditions in which the event takes place, or the negligence of the Releasees named below; and that there may be other risks either not known to me or not readily foreseeable at this 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 in the Activity.
I hereby release, hold harmless, discharge, and covenant not to sue USA BMX Freestyle, American Bicycle Association, USA BMX, BMX Canada, the Activity organizer, the Activity operator, the owner of the premises on which the Activity takes place (the "Premises"), the lessor of the Premises, and/or operator of the Premises, and their respective administrators, directors, agents, officers, volunteers, and employees, as well as other participants, sponsors and advertisers, (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in connection with my participation in USA BMX Freestyle programs ("Claims"), including without limitation Claims arising in connection with the making of a video submitted to USA BMX Freestyle, and also including Claims caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release, hold harmless, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which may incur as the result of such Claim.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by electronically signing it and have electronically signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
BY ELECTRONICALLY SIGNING AND CHECKING THE BOX, INDIVIDUAL IS INDICATING THAT HE/SHE HAS READ, UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS OF THIS WAIVER AND RELEASE OF LIABILITY