Battle of the Gravel

Sunday, September 15, 2019 6:00 AM (GMT-7)

Event info
Sport: Cycling - gravel
Location: Savery, WY, United States
Registrations: 1
Registration closes: Friday, September 13, 2019 11:59 PM (GMT-7)
Organized by: Battle of the Gravel
Event website: https://www.battleofthegravel.com

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Event entry fee increases after
July 31, 2019
Event entry fee TBD
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Please review the waiver provided by the event organizer and click the check box below to accept it. Print waiver
BATTLE OF THE GRAVEL -- PARTICIPANT ACKNOWLEDGEMENT
AND ASSUMPTION OF RISKS AND RELEASE AND CONSENT AGREEMENT

NOTICE: Read this agreement carefully before signing it. This agreement is a legal contract between you and Battle of the Gravel, LLC (“BOG”) that says that you take full financial and legal responsibility for all activities you participate in that are related to and performed in connection with or organized and/or sponsored by BOG, including but not limited to the Battle of the Gravel racing event (“Event”). By signing below, you acknowledge receipt and understanding of this agreement, that you agree to all of its terms, and that you recognize you are voluntarily and intentionally giving up certain rights, including the right to recover damages in case of injury, death or property damage.
I, the undersigned participant, or the parent and/or guardian of the minor participant, in consideration of being allowed to participate in this Event, and any other event sponsored and/or organized by BOG, AGREE AS FOLLOWS:
1. I acknowledge that this Event is a recreational activity that carries certain “inherent risks” as defined in Wyoming’s Recreation Safety Act (Wyo. Stat. § 1-1-121 et. seq.) and that that this agreement applies to and governs my actions and responsibilities in this Event and all other activities associated with and/or organized/sponsored by BOG. I understand that according to Wyoming’s Recreation Safety Act, individuals assume the inherent risk of recreational activities, and organizers, like BOG, are not legally responsible for injury, damage or death to a participant or his or her property, resulting from the inherent risks of recreational activities. I acknowledge that BOG makes no warranty as to the fitness, suitability or safety of the real property, personal property, roads, trails, machinery, activities, facilities, equipment, vehicles, services or property it provides to me, if any, and under Wyoming law is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity. Assumption of inherent risk applies to all participants including but not limited to athletes, volunteers, sponsors, and support personnel, working directly or indirectly with or in support of this Event.
2. I am participating in this Event not out of necessity but of my own free will for my personal enjoyment and benefit. I understand that I am required to use caution and exercise reasonable care in my participation in this Event. Any infractions or violations of national, state, or local rules and regulations are solely my responsibility. I acknowledge my participation in this Event has inherent risks, hazards and dangers, as well as risks, hazards and dangers from human error or negligence and presents a severe risk of property damage and personal injury, damage, paralysis, and/or death, even under the safest of conditions. Recognizing these risks, hazards and dangers, I elect to participate in this Event and assume the risk of injury, paralysis or death.
3. I acknowledge that participating in this Event may require a degree of skill and knowledge different from other activities and that I have responsibilities to myself and others as a participant. I certify and represent that I am physically fit, have sufficiently trained, am fully capable of participating in this Event without causing harm to myself or others, and have not been advised otherwise by qualified medical personnel.
4. I, for myself, my heirs, successors, personal representatives, assigns and subrogees do hereby knowingly and intentionally waive, release and discharge BOG along with its employees, agents, managers, members, shareholders, directors, officers, owners, servants, insurers, representatives, parent entities or affiliates from any and all claims, causes of action, liabilities, suits, expenses or damages of any kind or nature (hereinafter collectively referred to as Claim or Claims) whether in law or in equity and whether direct or derivative which are related to, arise out of, or are in any way connected with my participation in this Event, including reckless acts, human error or negligence of any kind, nature or degree. I further agree to indemnify and hold harmless said BOG and the other persons or entities referenced herein from any Claim by me or my family, estate, heirs, personal representatives, successors or assigns. I understand my agreement to indemnify and hold harmless said entities and persons includes all expenses and costs, including attorney’s fees.
5. I understand this document is not meant to waive any immunity, protection, defense, claim, contention or position available to BOG under state or federal law or common law. I verify and confirm I have sufficient health, accident and liability insurance to cover any property damage or bodily injury or death caused by me, BOG and/or a third party; if I have no such insurance, I certify that I am capable of personally paying for any and all expense or liability. I acknowledge this Event is not permitted by USA Cycling and that USA Cycling insurance does not apply.
6. I understand that BOG requires me and all other cyclists to wear a bicycle helmet and any and all other appropriate safety gear as the activities may warrant. I further understand and agree that using safety equipment, such as helmets, are no guarantee of my safety. I understand and am aware that the risk of injury from participating in this Event is significant, including the potential for permanent paralysis and even death. These are hazardous activities, involving INHERENT and other risks of INJURY to any and all parts of the body and DEATH. I understand that injuries are a COMMON AND ORDINARY OCCURRENCE and I freely accept and assume those risks. I knowingly, voluntarily, and freely assume all such risks that may result from my participation in this Event which relate in any way to BOG, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of BOG, its owners, agents, subsidiaries, affiliates, representatives, officers, directors, coordinators, employees or others, and assume full responsibility for my decision to participate in the activities.
7. I expressly assume all risks associated with participating in the activities related to BOG, including without limitation: changing weather conditions; existing and changing trail and/or road conditions; rocks; stumps; trees; erosion; collisions with natural objects; man-made objects; or other persons or vehicles; and variations in terrain. Recognizing these risks, I voluntarily choose to participate in this Event.
8. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, and in consideration of my participation in this Event, hereby RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS BOG and its owners, agents, subsidiaries, affiliates, representative, officers, directors, coordinators and employees (collectively, the “Released Parties”) from any and all claims, demands, losses, and liability arising out of or related to any injury, disability, or death I may suffer, or loss or damage to any person or property, including all liability resulting from NEGLIGENCE, breach of warranty, or any other person or cause, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OTHER PARTY OR OTHERWISE, to the fullest extent permitted by law. In addition, the Released Parties shall not be held liable for any consequential damages. I agree NOT to make a claim against or sue the Released Parties for injuries or damages relating to my participation in this Event.
9. This agreement is binding on my estate, heirs, administrators and assigns and shall be governed and enforced according to the laws of the State of Wyoming. This represents the entire agreement between BOG and me. If any part of this agreement is found to be unenforceable or invalid, it will not affect the remainder of the agreement, which shall remain valid and enforceable. This agreement is meant to apply to past, present or future claims, without regard to when I actually participate in the Event, whether before, concurrent with or after my signing of this document and shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
10. I understand that at this event or related activities I may be photographed. I agree to allow my photo, video and/or film likeness to be used for legitimate purposes by the event holders, producers, sponsors, organizers, promoters and/or assigns. Therefore, I hereby grant permission to BOG and its agents to photograph, and record video of, my image, likeness or depiction and/or that of my minor children (if applicable) and to edit, crop or retouch such photographs and videos, and waive any right to inspect the final photographs and videos. I hereby consent to and permit photographs and videos of me and/or those of my minor children to be used by BOG and its agents worldwide for any purpose, including advertisement purposes, and in any medium, including print and electronic. I understand that BOG and its agents may use such photographs or videos with or without associating names thereto. I further waive any claim for compensation of any kind for BOG and their agents’ use or publication of photographs or videos of me and/or those of my minor children (if applicable). I hereby fully and forever discharge and release BOG and their agents from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs or videos of me and/or those of my minor children (if applicable) by BOG and their agents, and covenant and agree not to sue or otherwise initiate legal proceedings against BOG and their agents for such use or publication on my own behalf or on behalf of my minor children. All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.
11. I further consent to receive reasonable medical treatment, which may be deemed advisable in the event of injury, accident and/or illness during this Event.
12. If I am signing this agreement as a parent and/or guardian of a minor participant, I agree that its terms shall likewise bind me, my heirs, legal representatives, and assigns.
MY PARTICIPATION IN THIS EVENT IS PURELY VOLUNTARY AND I ELECT TO PARTICIPATE WITH FULL UNDERSTANDING AND KNOWLEDGE OF THE RISKS. THEREFORE, I ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ME, FOR THOSE RISKS IDENTIFIED HEREIN AND THOSE RISKS NOT SPECIFICALLY IDENTIFIED, AND FOR INJURY, DEATH, PROPERTY LOSS AND EXPENSES RESULTING FROM THOSE RISKS, AND FROM MY OWN NEGLIGENCE IN PARTICIPATING IN THESE ACTIVITIES. I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT AND UNDERSTAND ITS CONTENTS. BY FREELY AND VOLUNTARILY SIGNING BELOW, I AGREE TO ITS TERMS AND UNDERSTAND THAT I MAKE CERTAIN PROMISES AND WAIVE CERTAIN SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.

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