I acknowledge that performance testing/bike fitting/coaching/tours is/are an extreme test of a person’s physical and mental limits and carries with it
the potential for death, serious injury and property loss. I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM RELEASING ATHLETICAMPS (AND COACH) AND THEIR RESPECTIVE VOLUNTEERS, PARTNERS, CONTRACTORS, EMPLOYEES, AND SPONSORS (COLLECTIVELY “RELEASEES”) FROM LIABILITY WHILE BEING FITTED/TESTED/COACHED/DURING TRAVEL. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE SIGNING. In consideration of the releasees for this relationship, I here-by freely agree to and make the following contractual representations and agreements. I acknowledge that cycling/running/swimming are inherently dangerous sports and fully realize the dangers of participating in these sports 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 (road conditions), equipment failure, inadequate safety equipment, the physiological testing, bike fitting, THE RELEASEES’ OWN NEGLIGENCE, and weather conditions; and the possibility of serious physical and/or mental trauma or injury associated with cycling/running on the open road. I certify that I am physically fit, have sufficiently trained for participation in these sport(s)and have not been advised otherwise by a qualified medical person.
For myself, my heirs, executors, administrator, 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 and Athleticamps or it’s coaches, the organize and any promoting organizations, property owners, law enforcement agencies, all public entities, special districts and properties, and their respective agents, officials, and employees through or by which the events will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY and all rights and CLAIMS INCLUDING CLAIMS ARIS- ING FROM THE RELEASEES’ OWN NEGLIGENCE, which I have or 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 event, or travel to or return from the event.
I have no physical or mental condition or sickness, which to my knowledge, would endanger others or myself if I participate in this tour, testing or bike fitting, or would interfere with my ability to participate in this tour, testing, training or bike fitting.
I understand that during this relationship I may be photographed. I agree to allow my photo, video or film likeness be used for any legitimate purpose by the event holders, producers, sponsors, organizers and/or assigns. During a fitting session, certain parts may need to be replaced, and/or certain parts adjusted. It is your responsibility ultimately to test that all parts are secured to manufacture torque specifications before you ride the bike and that AthletiCamps did their best to make sure the bike was safe to ride.
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 subsequent waiver or modification. 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.