RELEASE AND WAIVER of LIABILITY, ASSUMTION OF RISK

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN ANY WAY IN PANTHERS TANDEM CLUB, INC., SPONSORED BICYCLING ACTIVITIES, I FOR MYSELF, MY PERSONAL REPRENSENTATIVES, ASSIGNED, HEIRS AND NEXT OF KIN: ASSIGNS, AND PERSONAL REPRESENTATIVES, DO HEREBY AGREE TO THE FOLLOWING:

1.        ACKNOWLEDGE, agree and represent that I understand the nature of Cycling Activities and that I am qualified, in good health, and in proper physical condition to participate in such activity.  I further acknowledge that the activity will be conducted over public roads and facilities open to the public during the activity and upon which the hazards of traveling are to be expected.  I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

2.        FULLY UNCERSTAND that (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (Risks):  (b) these risks and dangers may be caused by my own actions, or inactions, the action or inactions of others participating in the activity, the conditions in which the activity takes place, or THE NEGLIGENCE OF THE ‘RELEASEES’ NAMED BELOW;  (c) there may be OTHER RISKS AND SOCIAL AND ECONOMICAL LOSSES either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COST, AND DAMAGES I may incur as a result of my participation in the activity.

3.        HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, the LAB, it respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered to be one of the ‘RELEASEES’ herein)  FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE ‘RELEASEES’; OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. And, I FURTHER AGREE that if, despite the RELEASE AND WAIVER OF LIABILITY, ASSUMTION OF RISK, AND IDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damages, or cost which any may incur as the result of such claim.

I further agree that if, in spite of this release and waiver of liability, assumption of risk, and indemnity agreement, I or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the releasees from any litigation expense, attorney fees, loss, liability, damage, or cost of which any may incur as the result of such claim.

I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITH ANY INDUCEMENT OR ASSURANCE OF AN NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTEDN ALLOWED BY LAW.  I AGREE THAT IF ANY PORTION OF THE AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTHWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.