THE EVENT: FIRST THURSDAYS
EVENT DATES: 04/4/2024, 05/02/2024, 06/06/2024, 7/11/2024, 8/1/2024, 9/5/2024
PLEASE READ CAREFULLY!
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS
ASSUMPTION OF RISKS
I am aware that mountain biking involves many risks, dangers and hazards and that injuries are a common and ordinary occurrence of the sport. These risks, dangers and hazards include but are not limited to: mechanical failure of the equipment; changing weather conditions; collision with natural or manmade objects including but not limited to exposed rock, earth, trees, stumps or branches on or adjacent to the mountain biking terrain; collision or encounters with other cyclists, vehicles; negligence of other cyclists or participants; and NEGLIGENCE ON THE PART OF EASTERN WHEELWORKS, FIRST THURSDAYS, THEIR STAFF, OR VOLUNTEERS INCLUDING THE FAILURE ON THE PART OF EASTERN WHEELWORKS OR FIRST THURSDAYS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING. I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for mountain biking in all phases of the activity, and that many are unmarked. I am voluntarily participating in mountain biking activities. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death or property damage and loss resulting therefrom due to any cause whatsoever and without limitation. I hereby warrant and represent that I am in good physical condition and have no disability, impairment, injury or ailment which would prevent me from engaging in strenuous physical activity and risk harm to my own health, safety, comfort or physical condition, or the safety and well-being of others. In consideration of EASTERN WHEELWORKS and FIRST THURSDAYS allowing me to participate in the mountain biking event named above ("the EVENT") and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against EASTERN WHEELWORKS, FIRST THURSDAYS, their directors, officers, employees, agents, representatives, volunteers, and all others who are involved (all of whom are hereinafter collectively referred to as "THE RELEASEES") and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from my participation in the EVENT, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the RELEASEES, and also including the failure on the part of the RELEASEES to safeguard or protect me from the risks, dangers and hazards of mountain biking, as referred to above.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the EVENT;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity; and
4.This release and waiver is intended to be as broad as permitted by the laws of the State of Oregon and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. PHOTO RELEASE I agree to grant EASTERN WHEELWORKS and FIRST THURSDAYS and its authorized representatives permission to record on video and pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any future publications, brochure, or other printed materials used to promote EASTERN WHEELWORKS and FIRST THURSDAYS, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Racer please fill in your name and sign below:
First Name: ___________________________
Last Name: ___________________________
Please sign: ___________________________