PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THIS AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.
In consideration of being permitted to register and/or participate in the Incarnation 100 Bike Ride (the “Event”), on behalf of yourself and your personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:
1. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. You represent and warrant to The Church of the Incarnation (“COI”) that you have full legal authority to complete the registration for the Event, including this Agreement, on behalf of yourself and/or any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged.
2. DEFINITIONS. As used in this Agreement, (a) “COI” means and includes The Church of the Incarnation, The Living Room, Open Table, St. Andrews-In-The-Redwoods, the St. Andrew’s Food Program, and any and all other affiliated entities, and each of their officers, employees, volunteers, contractors, agents, representatives, successors and assigns; (b) “Event Organizers” means COI, Sponsors of the Event, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and any and all other partners, agents, and affiliated entities, and each of their officers, employees, volunteers, contractors, agents, representatives, successors and assigns; and (c) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement, for whom you are waiving certain rights.
3. ASSUMPTION OF RISK. In consideration of the acceptance of your registration and participation in the Event, you assume full and complete risk and responsibility for any injury or accident which may occur during the Event, while you are on the premises of the Event, or while you are traveling to or from the Event. You understand that participating in the Event is hazardous, and that you should not enter and participate unless you are medically able and properly trained. You acknowledge and agree that the Event will be held over public roads and facilities open to the public during the Event and upon which hazards are to be expected. You also acknowledge and agree that participation in the Event carries with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor injuries to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the Event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, traffic and conditions of any road.
4. REPRESENTATIONS. You represent and warrant that you are in good physical condition, are able to safely participate in the Event and have no medical condition that would make your participation in the Event more hazardous. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by COI or the Event Organizers and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all local, state and federal civil and criminal laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behavior endanger the safety of or negatively affect the Event. You understand and agree that COI is not responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that COI reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment.
5. USE OF LIKENESS. You hereby grant COI permission to video record and photograph you during the Event. You further grant COI full unrestricted rights to the use of your photograph, voice, and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
6. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE COI AND THE EVENT ORGANIZERS FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF COI OR THE EVENT ORGANIZERS (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF COI OR THE EVENT ORGANIZERS, OR OTHERWISE.
COI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) YOUR PARTICIPATION IN THE EVENT; (B) PERSONAL INJURY NOT CAUSED BY COI’S GROSS NEGLIGENCE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH COI’S WEBSITES; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COI WEBSITES; OR (E) ANY OTHER MATTER RELATING TO THE COI WEBSITES, OR COI PRODUCTS OR SERVICES. YOU AGREE THAT COI’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY COI FROM YOU.
You expressly waive and relinquish any and all rights which they may have under the provisions of Section 1542 of the Civil Code of the State of California, which Section reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
7. INDEMNITY. You agree to indemnify, defend, and hold harmless COI and the Event Organizers from all liabilities, claims, demands, causes of action, damages, loss or expense (including court costs and attorneys’ fees) of any kind or nature brought against COI or the Event Organizers by any third party which arise out of or are in any way connected with (a) your participation in the Event, including without limitation any liability caused in whole or in part by the negligence of COI or the Event Organizers, or (b) any violation by you of any terms of this Agreement.
8. APPLICABLE LAW; CONSENT TO JURISDICTION. You agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement. Any legal proceeding covering the interpretation or enforcement of this Agreement must be filed and adjudicated in Sonoma County, California, and you hereby agree and expressly consent to the exercise of personal jurisdiction over you by the courts of Sonoma County, California.
9. SEVERABILITY. You further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement is held to be prohibited by, or invalid under, applicable law, the remainder of this Agreement shall not be affected thereby, and the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and this Agreement shall be deemed amended accordingly.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.