MC3 Cycle Club
Assumption of Risk, Waiver of Liability
& Indemnification Agreement
General Policies. I acknowledge that this MC3 Cycle Club Assumption of Risk, Waiver of Liability and Indemnification Agreement (“Agreement”) is between me and Magic City Cycle Chix, Inc., including its subsidiaries, affiliates, contractors, owners, operators, employees, directors, agents, vendors, and volunteers (collectively, “MC3”).
Electronic Communications. I expressly consent to receive electronic messages from MC3, including messages to advertise or promote products or services and messages related to MC3 Cycle Club, including but not limited to communications related to MC3’s fees.
Image and Likeness Release. I understand that MC3 may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me (collectively “Images”) during my participation in MC3 Cycle Club. I hereby irrevocably consent to and grant MC3 the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sub-licensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to MC3’s use of the Images for commercial and promotional use, including on corporate or employee social media. MC3 may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by MC3.
Assumption of Risk. I understand and agree that MC3 Cycle Club involves the risk of injury. I understand and agree that there are risks of significant injury, whether caused by me or someone else, by participating in MC3 Cycle Club activities, whether on or off MC3 premises, including but not limited to group rides, adventure trips, and other MC3 Cycle Club activities and events. I understand and agree that participating in MC3 Cycle Club activities involves many risks and hazards, some of which are inherent to the very nature of the activities themselves, others of which may result from negligence including but not limited to falling for any reason, including uneven terrain, or collisions with other cyclists, runners, pedestrians or moving objects, as well as dangers arising from uneven trails or changing trail/course conditions, and weather conditions. I agree that if I believe conditions are unsafe, I will immediately discontinue participating in such MC3 Cycle Club activity. I understand and agree that these risks may result in injury, harm or damage, including but not limited to economic, property, emotional, mental, physical or any other type of damage, including but not limited to sprains, torn muscles or ligaments, broken bones, strokes, heart stress, heart attacks, paralysis, disfigurement, death, or other forms of pain or suffering. I fully understand, voluntarily accept, and specifically assume responsibility for these risks of injury. I elect to participate in MC3 Cycle Club voluntarily in spite of the risk. I represent and warrant that I am physically fit or have consulted with my physician and have no medical condition that would prevent my participation in MC3 Cycle Club. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this event.
Waiver of Liability and Indemnification. I agree to release and discharge from all liability, and waive all claims, demands and actions against MC3 for any and all injuries, harms, or damages sustained in connection with my participation in any MC3 Cycle Club activity resulting from the negligent acts or omissions of me, MC3, other participants in MC3 Cycle Club, coaches or trainers associated with MC3 Cycle Club, or any persons encountered while participating in MC3 Cycle Club. I agree to defend, indemnify and hold MC3 harmless against any and all claims brought by anyone against MC3 related to such injuries, harms or damages, including but not limited to payment of MC3’s reasonable attorneys’ fees and costs incurred in defending a claim demand or action waived herein.
Other Provisions. This Agreement supersedes and replaces any prior oral or written agreements or other communications between me and MC3 with respect to MC3 Cycle Club. I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended, terminated or assigned at any time by MC3 upon such notice, if any, as may be required by law. If MC3 fails to enforce any right in this Agreement for any reason, MC3 does not waive its right to enforce it later.
By clicking submit, I certify that I have read and agree with the MC3 Cycle Club Assumption of Risk and Waiver & and Release of Image and Likeness Agreement as stated above.