Please accept my entry into the REDWOOD HIGH SCHOOL MOUNTAIN BIKE RACING TEAM (the “PROGRAM”).
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM RELEASING THE PROGRAM; REDWOOD HIGH SCHOOL; THE TAMALPIAS HIGH SCHOOL DISTRICT; JULIA VIOLICH, DUANE COUGHLAN, STEVE SCOTT, ROB HOWARD, AND ALL OTHER TEAM COACHES/RIDE LEADERS; ALL REDWOOD HIGH SCHOOL MOUNTAIN BIKE RACING TEAM MEMBERS AND RACE COMMITTEE MEMBERS; ALL RIDER ASSISTANTS, VOLUNTEERS, PROGRAM DIRECTORS, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, MEMBERS, PROGRAM SPONSORS, PROMOTERS, AND AFFILIATES (COLLECTIVELY “RELEASEES”) FROM LIABILITY.
I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE INITIATING AND SIGNING AND WARRANT THAT I HAVE READ IT CAREFULLY AND UNDERSTAND ITS TERMS.
WAIVER AND RELEASE OF LIABILITY
In consideration of the RELEASEES acceptance of my application for entry in the above PROGRAM, I hereby freely agree to and make the following contractual representations and agreements.
I acknowledge that cycling, and mountain bike racing, is an inherently dangerous sport and fully realize the dangers of participating in a bicycle race and/or program and this PROGRAM and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation, the following: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, trail conditions, equipment failure, inadequate safety equipment, THE RELEASEES’ OWN NEGLIGENCE, and weather conditions; and the possibility of serious physical and /or mental trauma, injury or death associated with any part of the PROGRAM. For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”) I HEREBY WAIVE, RELEASE, DISCHARGE HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the RELEASEES, FROM ANY and all rights and CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES” OWN NEGLIGENCE, which may hereafter accrue to me and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the PROGRAM, or travel to or return from the PROGRAM.
I agree it is my sole responsibility to be familiar with the riding routes and race courses, the Releasees’ rules, and any special regulations for the PROGRAM. I accept sole responsibility for the maintenance and condition of my bicycle and equipment. I understand and agree that situations may arise during any ride or the PROGRAM, which may be beyond the immediate control of the RELEASEES, and I must continually ride so as to neither endanger others nor myself. I accept responsibility for the condition and adequacy of my equipment. I will participate wearing a helmet that satisfies the requirements of the RELEASEES Rules or Regulations and or California State Law and that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet. I have no physical or medical condition, which to my knowledge, would endanger others or myself if I participate in this PROGRAM, or would interfere with my ability to participate in the PROGRAM.
I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any other provision herein, or as consent to any subsequent waiver or modification.
I agree, for myself and my successors, that every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. I agree, for myself and my successors, that any dispute arising under or relating to the terms of this document or arising out of participation in the PROGRAM shall be adjudicated in Marin County, California, and shall be construed and interpreted according to the substantive law of California.
COVID-19 RELEASE OF LIABILITY AND WAIVER
To be reviewed by and agreed upon by the rider's parent or legal guardian or player (if 18 years of age): I acknowledge the contagious nature of the Coronavirus/COVID-19 and all variants, and that the CDC and many other public health authorities may still recommend practicing social distancing.
I further acknowledge that the PROGRAM and all coaches, volunteers, and other parties involved in this program, have put in place preventative measures to reduce the spread of the Coronavirus/COVID-19 and all variants to the best of our abilities and in line with what other such sports groups are doing.
I further acknowledge that the PROGRAM can not guarantee that I will not become infected with the Coronavirus/Covid-19 and/or variants. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 and/or variants may result from the actions, omissions, or negligence of myself and others, including, but not limited to other participants and their families.
I attest that by participating in any activities with the PROGRAM:
I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
I have not traveled internationally within the last 14 days.
I have not traveled to a highly impacted area within the United States of America in the last 14 days.
I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
I have not been diagnosed with Coronavirus/Covid-19 and have not yet been cleared as non-contagious by state or local public health authorities.
I am following all CDC-recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19 and/or variants. I hereby release and agree to hold the PROGRAM and all those associated with this PROGRAM harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the program, or that may otherwise arise in any way in connection with any involvement with the PROGRAM, all coaches, volunteers, and other parties involved in this program, I understand that this release discharges the PROGRAM, all coaches, volunteers, and other parties involved in this program, from any liability or claim that I, my heirs, or any personal representatives may have against this program with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, the PROGRAM. This liability waiver and release extends to the PROGRAM, all coaches, volunteers, and other parties involved in this program.