Definitions. "DROC" means WE ARE DROC, a California nonprofit mutual benefit corporation doing business as Ducati Riders of Orange County, and its successors and assigns. "Activity" or "Activities" means any event, ride, activity, program, meeting, gathering, workshop, track day, social function, or other function organized, hosted, co-hosted, promoted, or facilitated by DROC, whether or not a fee is charged, and whether or not it takes place on public roads. "Releasees" means DROC and its officers, directors, board members, ride leaders, ride marshals, sweepers, hosts, organizers, co-organizers, assistants, volunteers, members, other participants, sponsors, advertisers, promoters, instructors and coaches, rescue and medical personnel, track operators and officials, and the owners and lessees of any premises used for an Activity, together with each of their directors, officers, agents, and employees.
In consideration of being permitted to ride, drive, officiate, observe, volunteer, work, or take part in any way in the Activities, or to enter any restricted area (any area to which general public admission is restricted or prohibited, or that requires special authorization, credentials, or permission to enter), I agree as follows for myself, my personal representatives, heirs, executors, administrators, assigns, and next of kin:
1. Scope and term. This agreement applies to every Activity in which I participate on or after the date I sign it, not only to the next one. It remains in full force and effect until I revoke it by written notice to DROC, and a revocation applies only to Activities occurring after DROC receives it. I understand that DROC relies on this agreement in permitting me to take part, and that I may be asked to sign an additional waiver for a specific Activity.
2. Inspection and safety. I will inspect the Activity area, the route, and any restricted area I enter, immediately on entering and continuously thereafter. If at any time I believe anything to be unsafe, I will immediately tell the DROC officials present, and if necessary I will leave the area or stop taking part in the Activity.
3. Assumption of risk. I acknowledge that the Activities are dangerous, and that motorcycle riding, group riding, canyon riding, track riding, and travel to and from Activities are inherently dangerous. I acknowledge that the risks include collision, loss of control, road and surface hazards, weather, mechanical failure, the conduct of other participants, and the conduct of drivers and third parties who are not under DROC's control, and that these risks can result in serious bodily injury, permanent disability, paralysis, death, and loss of or damage to property. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. I further acknowledge that injuries may be compounded or increased by negligent rescue operations or procedures of the Releasees.
4. Release and waiver. I HEREBY RELEASE, WAIVE, AND DISCHARGE THE RELEASEES FROM ALL LIABILITY TO ME, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMAND ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH, ARISING OUT OF OR RELATED TO ANY ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. This release is intended to be as broad and inclusive as is permitted by the laws of the State of California, and it extends to all acts of negligence by the Releasees, including negligent rescue operations.
5. Covenant not to sue. I covenant not to sue any of the Releasees for any claim released by this agreement.
6. Indemnification. I agree to indemnify, defend, and hold harmless the Releasees from any loss, liability, damage, claim, or cost, including reasonable attorneys' fees, that they may incur arising out of or related to any Activity, whether caused by the negligence of the Releasees or otherwise, including any claim brought by me, by anyone acting on my behalf, or by any guest, or passenger I bring to an Activity.
7. Limits of this release. Nothing in this agreement releases any of the Releasees from liability for gross negligence, recklessness, or willful misconduct, and nothing in it waives any right that cannot be waived under California law.
8. My representations, and the rules I agree to follow. I represent and agree that:
- I hold a valid motorcycle license and endorsement, and the insurance required by law, for any motorcycle I ride at an Activity.
- My motorcycle is street legal, registered, and in safe operating condition, and I am solely responsible for its condition, maintenance, and tires.
- I will provide and wear my own protective gear, and I am solely responsible forthe fit and condition of that gear.
- I am physically and mentally fit to take part, and I am not affected by any condition or medication that impairs my ability to ride safely.
- I will not take part in any Activity while impaired by alcohol, drugs, cannabis, or medication, and I will not consume alcohol before or during any riding portion of an Activity.
- I will attend the pre-ride safety meeting, which is mandatory for every rider, and I will follow the instructions given there and by the ride marshal or ride leader.
- I will obey all traffic laws, ride within my own limits and at my own pace, and I will not attempt to keep up with a pace I am not comfortable with. I understand DROC Activities are not guided, supervised, or instructional rides, and that no Releasee is responsible for my speed, my line, my decisions, or my safety on the road.
- I understand that DROC may ask me to leave an Activity at any time, including for unsafe riding or impairment, and that I will leave if asked.
9. Age, guests, and passengers. Participation in DROC Activities is limited to adults, and I confirm that I am 18 years of age or older. No one under 18 may ride at, or take part in any riding portion of, an Activity. This agreement also covers any guest, passenger, or minor family member I bring to an Activity, and I agree to indemnify the Releasees against any claim brought by them or on their behalf. Every adult guest must sign their own copy of this agreement before taking part.
10. Emergency care. I consent to DROC or any Releasee summoning emergency medical care on my behalf if I am unable to do so, and I accept full responsibility for the cost of any medical treatment, transport, or towing. I confirm that the emergency contact information I have given is current, and I will update it if it changes.
11. Events run by others. Where an Activity is organized or hosted by a third party, including a track-day organizer, a dealership, or a venue, that party sets its own rules and may require its own waiver, technical inspection, and gear standards. I will comply with them. Their terms apply in addition to this agreement, and this agreement does not make DROC responsible for an event it does not run.
12. General. This agreement is governed by the laws of the State of California. If any portion of it is held invalid or unenforceable, the balance shall nonetheless continue in full legal force and effect. This agreement is the entire agreement between me and DROC on this subject, and it binds me, my heirs, executors, administrators, and assigns. I agree that my electronic signature has the same legal force and effect as a handwritten signature.