For and in consideration of being allowed to participate in any way in the Georgia Hi-Lo Trail, Inc. Kids Bike League program, its related events and activities, including but not limited to rides, camps, clinics, or incidental activities (individually and collectively, Event(s)) I, as the parent and/or legal guardian of the Minor Participant named below, acknowledge, appreciate, and agree to this Assumption of Risk, Release of Liability, Covenant Not to Sue, and Indemnification Agreement (Agreement) on behalf of myself and such Minor Participant as their parent or legal guardian, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:
1. Rules, Regulations, and Policies. I agree to be bound and abide by Georgia Hi-Lo Trail and Kids Bike League rules, regulations, and policies, including, without limitation, those contained in the Kids Bike League Code of Conduct. I further agree Minor Participant will abide by all trail rules and regulations and participate in a manner that neither endangers themself nor others.
2. Assumption of Risk. I am aware that cycling, cycling-related activities, or participation in cycling activities involve inherent risks, including but not limited to collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; participants of varying skill levels; riding conditions; course construction, layout, obstacles and conditions; surface hazards such as gravel or potholes; equipment failure; inadequate safety equipment; use of equipment or materials provided by others; those associated with manufactured and natural jumps; sickness or disease (including, without limitation, communicable disease); adverse weather conditions; situations beyond the immediate control of the event organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers. I fully understand that cycling is an extreme test of a person’s physical and mental limits, and participation in these activities may involve the risk of serious injury (including, without limitation, broken bones, head, or neck injuries), trauma, pain and suffering, permanent disability, paralysis and death, economic loss, property damage or other loss that may result from the actions, inactions or negligence of the Minor Participant, and also from the actions, inactions or negligence of others including, without limitation, any Releasee (as defined in Section 3 below). I acknowledge and understand that the description of the risks listed above is incomplete and that the risks of participating in cycling activities may be dangerous, whether or not described.
3. Waiver and Release of Liability. I hereby forever release, waive, and discharge Georgia Hi-Lo Trail, Inc. Kids Bike League and Event participants (including without limitation riders, coaches, and other personnel); Georgia Hi-Lo Trail supporters and sponsors; the owners, managers, or lessors of any facilities or premises where Event activities may be held or who are otherwise connected with Event activities; law enforcement agencies and local governments connected with an Event; and all directors, officers, agents, employees, volunteers, vendors, and insurance companies of any of the aforementioned parties (individually and collectively, “Releasees”) from any claims that may arise out of or are related to participation of Minor Participant in an Event, including without limitation claims arising from the negligent acts or omissions of Releasees.
4. Indemnification. I agree to hold harmless, defend, and indemnify Releasees (that is to, without limitation, defend and pay any judgment and costs, including without limitation investigation costs, court costs, legal fees, and attorney’s fees) from any claims arising from injury, death or loss of Minor Participant due to participation in an Event, including without limitation those arising from the risks assumed by me above in Section 2. I further agree to hold harmless, defend, and indemnify Releasees against any claims of others arising from my conduct, acts or omissions during my participation in an Event.
5. Covenant Not to Sue. I shall not sue or make any claim (or participate in any suit or claim) against any Releasees with respect to any released claim or any other matter addressed by this Agreement, including without limitation for injury, damage, death, or any other loss arising from or related to my participation in an Event. I understand that if I sue any Releasees, Releasees may seek to recover their costs from me, including without limitation legal fees.
6. Health and Medical Treatment. I represent that Minor Participant is healthy and in proper physical condition to participate safely in an Event. I acknowledge that it is my responsibility to make such a determination and that I am responsible for the well-being of the Minor Participant while participating in an Event. I consent to allow Minor Participant to receive medical treatment deemed necessary if Minor Participant is injured or requires medical attention during participation in an Event and to the release of my name and medical information by any third party to Releasees and their insurance carriers. I understand and agree that I am solely responsible for all costs related to such medical treatment.
7. Equipment. I accept responsibility for the condition and adequacy of equipment of Minor Participant and any equipment provided by others for use by Minor Participant. Minor Participant shall wear a helmet that complies with USAC regulations.
9. Use of Information. I understand that Georgia Hi-Lo Trail and Kids Bike League may collect or receive my contact information and that of the Minor Participant in connection with this Agreement and use and share it to administer it, participation in Events, and marketing purposes. I further acknowledge, agree, and consent that Georgia Hi-Lo Trail and its designees may share this information with third parties who need access to this information to perform services on behalf of Georgia Hi-Lo Trail.
10. Media Grant. I irrevocably grant and license to Georgia Hi-Lo Trail, Kids Bike League, its affiliates and their respective designees the right to capture and use Minor Participants image, likeness, name, voice, words, biographical information, or other proprietary or public rights or any other identifying characteristics, in any broadcast, telecast, photograph, video, or audio sound recording taken in connection with Events and activities, without compensation, notice or attribution, for any and all purposes, including without limitation any commercial use (so long as such commercial use does not imply my endorsement of any company, product or service), and in any and all media or manner, whether existing now or in the future. I understand that the foregoing prevents me from bringing any claims for such uses, including, without limitation, claims for invasion of privacy, defamation, or violation of publicity rights.
11. Arbitration. I agree that any dispute, claim, or cause of action regarding the terms of this Agreement, membership in Kids Bike League or participation in Georgia Hi-Lo Trail Events and activities, or any related matters or activities, shall be resolved before a single, private, impartial arbitrator in a confidential, final, and binding individual arbitration held in Washington County, Georgia, administered by the American Arbitration Association under its Commercial Arbitration Rules, and not in court. There is no judge or jury in arbitration and discovery and appellate options may be more limited than in court. The arbitrator shall apply Georgia substantive law without reference to Georgia's choice of law rules and shall have the power to award any remedies available under applicable law but, to the fullest extent allowed by applicable law, may not award relief to anyone but the individual claimant. Any award cannot be received as evidence in any other case except to enforce the award itself. If, for any reason, a dispute is deemed non-arbitrable, I agree not to pursue the dispute in court as a class or representative action unless applicable law precludes such waivers.
12. Governing Law; Jurisdiction. This Agreement shall be governed by and construed under the laws of Georgia without regard to its choice of law rules. Any legal suit, action, or proceeding arising out of or relating to this Agreement that are non-arbitrable shall be instituted in the state or federal courts located in Atlanta, Georgia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
14. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or invalidate or render unenforceable any other provision in any other jurisdiction, and such provision shall be modified in such instance to the extent reasonably necessary to make the provision valid, legal and enforceable.
15. Binding Effect. This Agreement shall be binding upon me and my respective successors, assignees, parents, legal guardians, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through me.
This is to certify that I, as parent/legal guardian with legal responsibility for this Minor Participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Confirmation
BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.