Liability Waiver Agreement
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY, AGREEMENT (“Agreement”) for
VISTOSO CYCLISTS AND
LEAGUE OF AMERICAN WHEELMAN
D/B/A LEAGUE OF AMERICAN BICYCLISTS (“LAB”)
IN CONSIDERATION of being permitted to participate in any way in Vistoso Cyclists (“Club”) sponsored
Bicycling Activities (“Activity”) I, for myself, my personal representatives, assigns, heirs, and next of kin:
- ACKNOWLEDGE, agree, and represent that I understand the nature of Bicycling 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. - FULLY UNDERSTAND 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 actions 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 ECONOMIC 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, COSTS, AND DAMAGES I may incur as a result
of my participation in the Activity. - HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, the LAB, its 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 one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES,
OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED 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 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 expenses, attorney fees, loss, liability, damage, or cost 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 WITHOUT ANY INDUCEMENT OR ASSURANCE
OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL
LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS
AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN
FULL FORCE AND EFFECT.