I, the athlete named above, want to participate in Activities described in this Agreement for Participation and Waiver of Liability. In exchange for and in consideration of 4D Cylcling LLC allowing me to attend and participate in these Activities, I agree to the terms and conditions set forth below.
1. Definitions. (A) “Activities” refers to any coaching, riding, or training activities run, sponsored, controlled or organized by 4D Cycling LLC. (B) “Released Parties” means (i) 4D Cylcing LLC, its owner Kurt Droese, any respective assistants, employees and volunteers, as well as any person or entity 4D Cycling LLC has agreed to indemnify as to claims made by participants (such as, but not limited to owners of property on which any event may occur). (C) “Agreement” means this Agreement for Participation and Waiver & Release of Liability. (D) “Participant” is used to refer jointly to athletes and volunteers.
2. Fitness. I represent and warrant that I have sufficient experience with the Activities being offerred, and that I have a sufficient level of fitness and health to participate in these Activities, and that I have no health condition or physical condition that would endanger others. I confirm that I am aware that other groups offers recreational activities that are not as physically demanding and challenging as offered. For Mountain biking specific training I represent and warrant that I have sufficient experience with cylcing and mountain biking specifically.
3. Equipment. I acknowledge and agree that it is my responsibility to provide, utilize and maintain the bike, helmet, equipment, clothing and other training accessories including weight and fitness equipment necessary for my safe participation in the Events. I agree to wear a helmet when riding a bike, the purpose of which is to help protect against serious head injury, and I assume all responsibility and liability for the selection of such a helmet.
4. Safety. I acknowledge and agree to always ride in a Safe and controlled manner. If I disregard Safety Rules or engage in behaviors that present unnecessary risk to myself or others, disrespect Coaching staff or fellow athletes, or fail to follow directions, I will be dropped from the program. As a visible representative of 4D Cycling and an ambassador of cycling, I will conduct myself in a manner consistent with that status and follow the 4D Cycling rules of behavior at all times.
5. Insurance. I represent and warrant that I currently have, and shall maintain throughout the time that I train for and participate in the Activities, valid and sufficient insurance (be it medical, accident, disability or life insurance) to protect my and my family’s interests, or if I do not, that I hereby waive the opportunity to obtain such. I acknowledge 4D Cycling LLC is not an insurance company, and that no one has represented to me that 4D Cycling LLC has obtained insurance that would provide coverage to me in the event I am injured while participating in an Event. I acknowledge that in the event of an incident that causes significant personal injury while participating in any of these associated Activities, the extent of my injuries will be shared with 4D Cycling LLC and it's owner Kurt Droese.
6. Indemnification. I agree to be responsible for bearing any and all costs, expenses and damages sustained by me (or those who depend upon me, or who are responsible for me) that arise out of or related to any claim released by the Agreements. As such, I hereby agree to HOLD HARMLESS, DEFEND and INDEMNIFY the Released Parties (that is, defend and pay any judgments or costs, including investigation costs and attorneys’ fees) from any and all claims of mine and of any spouse, parent, guardian, child, heir, representative or assign of mine arising from loss or damages (be it property or personal-injury related) due to my attendance at or participation in an Activity.
7. Knowledge of Risks. The participant or guardian understand that while some of the risks of mountain biking and training can be reduced, the very nature of mountain biking makes it impossible, and undesirable, to eliminate all of the risks involved – thus injuries can and do result from such risks of participation. The organizers of the Event want you to understand that MOUNTAIN BIKING IS AN ACTIVITY THAT INVOLVES A LEVEL OF DANGER AND THAT INJURIES CAN AND DO OCCUR. I acknowledge that I know that given the nature of the sport, mountain biking is an activity that carries with it significant risk of serious personal injury. I know there are natural, manmade, mechanical and environmental conditions and risks, as well as the Released Parties’ negligence, my own negligence and the negligence of others, that independently or in combination can result in participants in the Events sustaining injury (including permanent disability, mental injury, or paralysis), or in rare situations, sustaining injuries that result in death. I acknowledge that I have taken advantage of the opportunity to learn about the risks associated with mountain biking and the Activities or that I hereby voluntarily forgo that opportunity.
8. Acceptance of Risks. I hereby accept and assume all risks associated with attending and/or participating in the Activities, and I acknowledge that I alone am responsible for my personal safety. I agree to accept all responsibility for the risks, conditions and hazards which may exist during the Events, whether or not I at this time know of or foresee the specific risk, condition or hazard that results in the injury.
9. Waiver & Release of Liability; My Responsibility for Expenses. I hereby WAIVE ALL CLAIMS (except as expressly indicated in this paragraph) I may in the future have against any of the Released Parties relating in any way to personal injuries or death I sustain due to my attendance at or participation in any of the Activities. I specifically RELEASE and DISCHARGE, in advance, the Released Parties from any and all liability that may arise out of any Released Party’s NEGLIGENCE or carelessness in association with any Activity but I do not by this Agreement waive, release or discharge any claims for harm caused by a Release Party intentionally or recklessly. As to any claim released hereby, I AGREE NOT TO SUE any of the Released Parties for such released claims. I agree to be personally responsible for any costs, expenses or damages arising out of or related to such released claims.
10. Property Damage Waiver. I alone am responsible for my personal belongings, including breakage or loss of bikes and other equipment that I bring to an Activity. I hereby WAIVE, in advance, ALL CLAIMS for loss, theft or damage to any property owned or controlled by me, that I may in the future have against the Released Parties, relating in any way to an Event and either of the following: (a) my choosing to park any vehicle owned or controlled by me in any areas owned or controlled by Released Party; and (b) my choosing to give possession of any of my personal belongings to any agent or volunteer of Released Party. This waiver, release and discharge of property damage claims includes, but is not limited to, claims arising out of the NEGLIGENCE of the Released Parties.
11. Choice & Negotiation. I enter into this Agreement of my own free will, and acknowledge that I have choices relating to participation or nonparticipation of the Activities. I acknowledge that if I do not want to accept these terms and conditions, I can choose to forgo participation in the Activities.
12. Acknowledgements. I acknowledge and represent that: (A) I have read this entire Agreement for Participation, and Waiver & Release of Liability; (B) I understand the terms and conditions; (C) I understand that by signing below, I am giving up important legal rights that I might otherwise have; and (D) I am entering into this Agreement and I am choosing to participate in the Events of my own free will and choosing.
13. Binding Effect and Governing Law. All terms and conditions of this Agreement are binding on me, and any spouse, parent, guardian, heir, executor, assign or success of mine (collectively “Successors”). I hereby waive and release, to the maximum extent permitted by law, any and all claims that may in the future belong to any Successor arising out of my attendance at or participation in the Events. Any disputes arising out of this Agreement to Participate and Release of Liability shall be resolved under Michigan law and in a venue of competent jurisdiction located within the State of Michigan.
14. Truth. I represent and warrant that I have read and this entire Agreement and that I understand all of its terms and conditions. I further represent that all information I provide as part of the registration process or other processes for participation in the Events is true and accurate.
15. Severability. I understand that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Michigan and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
16. Entire Agreement. This written Agreement contains the only agreements, promises, terms or conditions between the parties with respect to the Agreements’ subject matter. This Agreement supersedes any previous oral or written statements, promises or agreements. This Agreement may not be modified without the written authorization of an Officer or Director of MiSCA.