Waiver Release
This Liability Waiver and Release (“Release”) is made and entered into by and between BWCC Holdings, LLC (“BWCC”) and the Undersigned with respect to the Undersigned’s participation in any bicycle ride organized or sponsored by BWCC, and any other activity or event and activities under the auspices of BWCC (individually and collectively “Bicycling” or “Activity”).
I, the undersigned acknowledge, understand and agree that on behalf of myself, my heirs, personal representatives, successors, and assigns that:
1. There is a risk of injury from activities involved in Bicycling. The risk is significant, including but not limited to the loss of personal property or property damage, potential for serious injury, permanent paralysis or disability, and death (individually and collectively “Risks”). While Bicycling is subject to particular rules, regulations, recommended equipment, personal discipline and adhering to instructions may reduce this risk, the risk of serious injury or death does in fact exist.
2. I am willingly and knowingly participating in Bicycling, I knowingly, willingly and freely assume all Risks and the responsibilities of the Risks, both known and unknown, even if arising from my negligence or the negligence of others and assume full responsibility for my participation in the Activity. I understand that by participating in Bicycling, I may be subject to adverse traffic conditions, road conditions and other hazards on public and private roads, rough or uneven terrain, potential adverse weather conditions, temperature variations, unsafe actions by other riders, unsafe actions by vehicle drivers and unsafe actions by non-participants and I knowingly and voluntarily assume any and all such conditions and knowingly assume the Risks and hazards associated therewith.
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring this to the attention of the nearest instructor immediately.
4. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies, and the Centers for Disease Control (individually and collectively the “Agencies”) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. BWCC is requiring masks when not actively cycling and instructing each rider to adhere to social distancing guideline while Bicycling, as the Agencies have not addressed the effect of slipstream in the transmission of COVID-19. The Undersigned, by signing below, represents that he/she has not been diagnosed with COVID-19 or other infectious diseases, has not been diagnosed with or been exposed COVID-19 or other infectious diseases within the last fourteen (14) days, which includes travel from highly infected regions designated by the Agencies or exposure to any person returning from highly infected area, and does not have any symptoms of COVID-19 or other infectious diseases, including without limitation, fever, cough, or shortness of breath. I, the Undersigned, voluntarily assume the risk that I may be exposed to or infected by COVID-19 while Bicycling, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19, whether a COVID-19 infection occurs before, during, or after the Activity.
5. In consideration of the above mentioned Risks and the risk of COVID-19 and hazards and in consideration of the fact that I am willingly and voluntarily participating in Bicycling, I, hereby forever fully discharge and release BWCC, its parent company, principals, employees, agents, and assigns, including, but not limited to any persons involved in organizing and promoting Bicycling, BWCC’s, volunteers, club members, club ride leaders, club ride director(s), club officers, club directors, other participants, any other sponsors, advertisers, promoters, and, if applicable, owners and lessors of any premises on which the Activity takes place (individually and collectively the “BWCC Released Parties”) from any and all liability, claims, demands, actions, causes of action, fees, injury, disability, death, and loss or damage to person or property, and any other events known or unknown which arise out of, or are in any way connected with my participation the Activity including but not limited to those allegedly arising out of, or in connection with, or attributed to the negligent acts or omissions of the Released Parties to the fullest extent permitted by law. This Release shall be binding upon me, my successors, representatives, heirs, executors, assigns.
6. I grant BWCC and BWCC Released Parties the right to use my name, likeness, any photographs, videotapes, film, and the right to record, reproduce, mention, refer to, edit, modify, add to, and otherwise exploit and/or use, and any or all of the foregoing, alone and/or in combination with other materials and/or elements, of the undersigned embodied in the photographic work(s) captured during the Activity, if any, and in each case any and all elements contained therein (all of the foregoing, collectively, the “Material(s)”), for use in any manner in and in connection with the production, distribution, exhibition, exploitation, advertising, marketing and promotion of BWCC, the Released Parties and, any related or derivative versions or uses of any of the foregoing, in any and all media now known or hereafter devised throughout the universe in perpetuity.
7. I represent and warrant that: (i) I am at least eighteen (18) years of age; (ii) I have the requisite skill and ability to participate in the Activity; (iii) my bicycle and any equipment used in connection with the Activity has been duly inspected and is in good, working and safe condition; (iv) I will wear a helmet specifically designed for the Activity; (v) none of the Materials shall infringe or violate upon the rights of any person, entity, or any third party; (vi) I shall refrain from wearing earphones, headphones or using any device which may impair or hearing or impair my listening skills; (vii) I will refrain from playing music while participating in the Activity; and (viii) I will comply will all traffic laws and posted signs, regardless of any other BWCC participants.
8. If any provision in this Release shall be held to be invalid or unenforceable, the remaining portions shall remain in effect.
9. The laws of the State of New Jersey, without regard to its conflict of laws provisions, will govern this release, its validity, construction, and effect. I irrevocably consent to the jurisdiction of the federal and/or local courts located in the District Court of New Jersey, in connection with any interpretation of this Release.
10. I understand that Company employs a digital signature technology. By completing this Release, I am providing electronic consent to the use of electronic documents and signatures.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTIONS 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.