TAMALPAIS VELO CLUB RIDE WAIVER AND RELEASE
PARTICIPANT ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, COVENANT NOT TO SUE, INDEMNITY, AND CONSENT TO EMERGENCY MEDICAL TREATMENT
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
In consideration of being permitted to participate in rides, training rides, clinics, social rides, events, meetings, and other bicycling or club-related activities organized, sponsored, promoted, or conducted by Tamalpais Velo Club ("TVC") during the calendar year in which I sign this Agreement (collectively, "TVC Activities"), I acknowledge and agree as follows:
1. Nature of Cycling and Assumption of Risk
I understand that bicycling, including group bicycling, is an inherently hazardous recreational activity that involves risks of serious bodily injury, permanent disability, paralysis, death, and property damage.
I understand that these risks include, but are not limited to: collisions or contact with motor vehicles, other bicyclists, pedestrians, animals, fixed or moving objects; falls; potholes, cracks, gravel, sand, debris, railroad tracks and other road or trail hazards; wet, uneven, damaged or defective surfaces; traffic; limited sightlines; high speeds and descents; weather, wind, heat, cold and reduced visibility; mechanical or equipment failure; route changes or navigational errors; fatigue, dehydration or other physical conditions; and delayed or unavailable medical assistance.
I further understand that group riding may increase certain risks because riders may travel in close proximity and at higher speeds, have reduced sightlines and reaction time, encounter sudden changes in pace or direction, and be affected by the actions, errors or inattention of other participants.
I understand that risks may arise from my own actions or inactions, from the actions or inactions of other participants or third parties, from conditions encountered during a TVC Activity, or from the ordinary negligence of one or more of the Released Parties identified below.
I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, to the fullest extent permitted by California law, and accept full responsibility for my participation in TVC Activities.
2. My Fitness, Equipment and Responsibility for Safety
I represent that I am physically and mentally capable of participating in the TVC Activities I choose to join and possess sufficient cycling ability and experience for the particular ride.
I am responsible for determining whether a ride, route, distance, elevation, pace and conditions are appropriate for me. If at any time I believe conditions are unsafe, or I do not believe I should continue for any reason, I will discontinue my participation.
I am responsible for ensuring that my bicycle and other equipment are in safe operating condition and appropriate for the Activity.
I understand that TVC Activities generally take place on public roads, paths and trails that remain open to motor vehicles, bicycles, pedestrians and other users, and that TVC does not control those roads, paths, trails, traffic, weather or other conditions.
3. Helmets, Laws and Ride Guidelines
I understand that TVC requires participants to wear a properly fitted bicycle helmet meeting applicable CPSC bicycle helmet standards while riding during a TVC Activity.
I agree to obey applicable traffic laws and regulations, ride in a safe and predictable manner, and comply with TVC's Group Ride Guidelines and reasonable safety instructions given by a ride leader or other TVC representative.
TVC may ask a participant to leave a TVC Activity when, in TVC's judgment, the participant is riding unlawfully, unsafely or in a manner that endangers themselves or others. I understand, however, that TVC's ability or decision to give instructions, warnings or remove a rider does not make TVC or its ride leaders guardians or guarantors of my safety.
4. Ride Leaders, Routes and Regroups
I understand that TVC ride leaders and other volunteers are volunteers and are not professional guides, coaches, traffic-control personnel, medical providers or guarantors of participant safety.
Ride leaders may suggest or select routes, pace, regroup locations, rest stops and other ride arrangements. I acknowledge that a selected route may not be the safest, easiest or most direct route and that conditions can change before or during a ride.
I remain responsible for my own riding decisions, navigation and safety and should be prepared to navigate independently, address ordinary mechanical problems, obtain assistance if necessary, and return safely if I become separated from the group or choose not to continue.
5. Release and Waiver of Liability
To the fullest extent permitted by California law, I, for myself and for my heirs, estate, personal representatives, successors and assigns, hereby RELEASE, WAIVE AND FOREVER DISCHARGE, AND COVENANT NOT TO SUE Tamalpais Velo Club; its directors, officers, board members, employees, agents, members, ride leaders and other volunteers; sponsors and event partners; other participants in a TVC Activity; and, where applicable, owners or lessors of private premises used in connection with a TVC Activity (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses or liabilities arising from or relating to my participation in a TVC Activity, including bodily injury, death or property damage, to the extent caused or contributed to by the ordinary negligence of any Released Party.
This Release is intended to apply to ordinary negligence to the maximum extent permitted by California law.
Nothing in this Agreement is intended to release liability for gross negligence, willful or intentional misconduct, or any other liability that California law does not permit to be released by agreement.
6. Indemnity
To the fullest extent permitted by law, if I, my estate, my heirs or anyone acting on my behalf asserts a claim against a Released Party that I have validly released under this Agreement, I agree to indemnify and hold that Released Party harmless from reasonable losses, costs and expenses, including reasonable attorneys' fees, incurred as a result of that released claim.
7. Emergency Medical Treatment
If I am injured or become ill during a TVC Activity and am unable to make or communicate medical decisions, I authorize reasonable emergency medical care deemed necessary by first responders or health care providers.
I understand that TVC does not undertake or assume a duty to provide medical care, rescue or transportation. I accept responsibility for costs associated with medical treatment, rescue or transportation provided to me.
8. Age Requirement
Participation in Tamalpais Velo Club group rides and other riding activities is limited to individuals who are 18 years of age or older.
By signing this Agreement and participating in a TVC Activity, I represent and certify that I am at least 18 years of age as of the date of my participation.
TVC does not permit persons under age 18 to participate in its group rides, even if accompanied by a parent or legal guardian. No parent or guardian may waive this age requirement on behalf of a minor.
9. Binding Effect; California Law; Severability
This Agreement is intended to bind me and my family, heirs, estate, personal representatives, successors and assigns.
This Agreement shall be governed by California law. Any legal action arising from or relating to this Agreement or my participation in a TVC Activity shall be brought in a court of competent jurisdiction in Marin County, California, or, where federal jurisdiction applies, in the United States District Court having jurisdiction over Marin County.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
10. Acknowledgment and Electronic Signature
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CLAIMS COVERED BY THIS AGREEMENT, AND AGREE TO IT FREELY AND VOLUNTARILY.
I understand that this Agreement applies to all TVC Activities in which I participate during the calendar year identified with my signature.
By checking "I AGREE" below and submitting this form electronically, I intend my electronic action to constitute my signature and my agreement to be legally bound by this Agreement.
WARNING AND ASSUMPTION OF RISK
With regard to all TVC Activities, participation is entirely voluntary. Tamalpais Velo Club urges you to exercise great caution and personal judgment before assuming the risks of riding your bicycle, whether alone or in a group.
Cycling is a sport undertaken for enjoyment and challenge, requiring physical exertion and elements of skill and involving inherent risks. These risks can include serious injury or death, whether riding alone or with others.
Road conditions, other cyclists, motor vehicles, wind, water, road debris such as rocks, oil, leaves, sticks, glass and metal pieces, mechanical and tire failures, falling or windborne objects, and poor lighting are examples of risks that can lead to crashes or other injuries.
Safety equipment such as helmets, lights and appropriate clothing may reduce some risks but cannot eliminate the inherent dangers of cycling.
Riding in a group can also increase certain risks because of close proximity to other riders, reduced sightlines and reaction time, increased speeds, sudden changes in pace or direction, and possible collisions with other riders.
Bicycling also involves physical exertion and may cause or contribute to acute or chronic health conditions, including serious injury or death. Participants are responsible for determining whether they are physically capable of participating safely and should seek appropriate medical advice when necessary.
Participation in the recreational sport of cycling, including TVC group rides, is voluntary and involves the assumption of the risks described above.
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
In consideration of being permitted to participate in rides, training rides, clinics, social rides, events, meetings, and other bicycling or club-related activities organized, sponsored, promoted, or conducted by Tamalpais Velo Club ("TVC") during the calendar year in which I sign this Agreement (collectively, "TVC Activities"), I acknowledge and agree as follows:
1. Nature of Cycling and Assumption of Risk
I understand that bicycling, including group bicycling, is an inherently hazardous recreational activity that involves risks of serious bodily injury, permanent disability, paralysis, death, and property damage.
I understand that these risks include, but are not limited to: collisions or contact with motor vehicles, other bicyclists, pedestrians, animals, fixed or moving objects; falls; potholes, cracks, gravel, sand, debris, railroad tracks and other road or trail hazards; wet, uneven, damaged or defective surfaces; traffic; limited sightlines; high speeds and descents; weather, wind, heat, cold and reduced visibility; mechanical or equipment failure; route changes or navigational errors; fatigue, dehydration or other physical conditions; and delayed or unavailable medical assistance.
I further understand that group riding may increase certain risks because riders may travel in close proximity and at higher speeds, have reduced sightlines and reaction time, encounter sudden changes in pace or direction, and be affected by the actions, errors or inattention of other participants.
I understand that risks may arise from my own actions or inactions, from the actions or inactions of other participants or third parties, from conditions encountered during a TVC Activity, or from the ordinary negligence of one or more of the Released Parties identified below.
I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, to the fullest extent permitted by California law, and accept full responsibility for my participation in TVC Activities.
2. My Fitness, Equipment and Responsibility for Safety
I represent that I am physically and mentally capable of participating in the TVC Activities I choose to join and possess sufficient cycling ability and experience for the particular ride.
I am responsible for determining whether a ride, route, distance, elevation, pace and conditions are appropriate for me. If at any time I believe conditions are unsafe, or I do not believe I should continue for any reason, I will discontinue my participation.
I am responsible for ensuring that my bicycle and other equipment are in safe operating condition and appropriate for the Activity.
I understand that TVC Activities generally take place on public roads, paths and trails that remain open to motor vehicles, bicycles, pedestrians and other users, and that TVC does not control those roads, paths, trails, traffic, weather or other conditions.
3. Helmets, Laws and Ride Guidelines
I understand that TVC requires participants to wear a properly fitted bicycle helmet meeting applicable CPSC bicycle helmet standards while riding during a TVC Activity.
I agree to obey applicable traffic laws and regulations, ride in a safe and predictable manner, and comply with TVC's Group Ride Guidelines and reasonable safety instructions given by a ride leader or other TVC representative.
TVC may ask a participant to leave a TVC Activity when, in TVC's judgment, the participant is riding unlawfully, unsafely or in a manner that endangers themselves or others. I understand, however, that TVC's ability or decision to give instructions, warnings or remove a rider does not make TVC or its ride leaders guardians or guarantors of my safety.
4. Ride Leaders, Routes and Regroups
I understand that TVC ride leaders and other volunteers are volunteers and are not professional guides, coaches, traffic-control personnel, medical providers or guarantors of participant safety.
Ride leaders may suggest or select routes, pace, regroup locations, rest stops and other ride arrangements. I acknowledge that a selected route may not be the safest, easiest or most direct route and that conditions can change before or during a ride.
I remain responsible for my own riding decisions, navigation and safety and should be prepared to navigate independently, address ordinary mechanical problems, obtain assistance if necessary, and return safely if I become separated from the group or choose not to continue.
5. Release and Waiver of Liability
To the fullest extent permitted by California law, I, for myself and for my heirs, estate, personal representatives, successors and assigns, hereby RELEASE, WAIVE AND FOREVER DISCHARGE, AND COVENANT NOT TO SUE Tamalpais Velo Club; its directors, officers, board members, employees, agents, members, ride leaders and other volunteers; sponsors and event partners; other participants in a TVC Activity; and, where applicable, owners or lessors of private premises used in connection with a TVC Activity (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses or liabilities arising from or relating to my participation in a TVC Activity, including bodily injury, death or property damage, to the extent caused or contributed to by the ordinary negligence of any Released Party.
This Release is intended to apply to ordinary negligence to the maximum extent permitted by California law.
Nothing in this Agreement is intended to release liability for gross negligence, willful or intentional misconduct, or any other liability that California law does not permit to be released by agreement.
6. Indemnity
To the fullest extent permitted by law, if I, my estate, my heirs or anyone acting on my behalf asserts a claim against a Released Party that I have validly released under this Agreement, I agree to indemnify and hold that Released Party harmless from reasonable losses, costs and expenses, including reasonable attorneys' fees, incurred as a result of that released claim.
7. Emergency Medical Treatment
If I am injured or become ill during a TVC Activity and am unable to make or communicate medical decisions, I authorize reasonable emergency medical care deemed necessary by first responders or health care providers.
I understand that TVC does not undertake or assume a duty to provide medical care, rescue or transportation. I accept responsibility for costs associated with medical treatment, rescue or transportation provided to me.
8. Age Requirement
Participation in Tamalpais Velo Club group rides and other riding activities is limited to individuals who are 18 years of age or older.
By signing this Agreement and participating in a TVC Activity, I represent and certify that I am at least 18 years of age as of the date of my participation.
TVC does not permit persons under age 18 to participate in its group rides, even if accompanied by a parent or legal guardian. No parent or guardian may waive this age requirement on behalf of a minor.
9. Binding Effect; California Law; Severability
This Agreement is intended to bind me and my family, heirs, estate, personal representatives, successors and assigns.
This Agreement shall be governed by California law. Any legal action arising from or relating to this Agreement or my participation in a TVC Activity shall be brought in a court of competent jurisdiction in Marin County, California, or, where federal jurisdiction applies, in the United States District Court having jurisdiction over Marin County.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
10. Acknowledgment and Electronic Signature
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CLAIMS COVERED BY THIS AGREEMENT, AND AGREE TO IT FREELY AND VOLUNTARILY.
I understand that this Agreement applies to all TVC Activities in which I participate during the calendar year identified with my signature.
By checking "I AGREE" below and submitting this form electronically, I intend my electronic action to constitute my signature and my agreement to be legally bound by this Agreement.
WARNING AND ASSUMPTION OF RISK
With regard to all TVC Activities, participation is entirely voluntary. Tamalpais Velo Club urges you to exercise great caution and personal judgment before assuming the risks of riding your bicycle, whether alone or in a group.
Cycling is a sport undertaken for enjoyment and challenge, requiring physical exertion and elements of skill and involving inherent risks. These risks can include serious injury or death, whether riding alone or with others.
Road conditions, other cyclists, motor vehicles, wind, water, road debris such as rocks, oil, leaves, sticks, glass and metal pieces, mechanical and tire failures, falling or windborne objects, and poor lighting are examples of risks that can lead to crashes or other injuries.
Safety equipment such as helmets, lights and appropriate clothing may reduce some risks but cannot eliminate the inherent dangers of cycling.
Riding in a group can also increase certain risks because of close proximity to other riders, reduced sightlines and reaction time, increased speeds, sudden changes in pace or direction, and possible collisions with other riders.
Bicycling also involves physical exertion and may cause or contribute to acute or chronic health conditions, including serious injury or death. Participants are responsible for determining whether they are physically capable of participating safely and should seek appropriate medical advice when necessary.
Participation in the recreational sport of cycling, including TVC group rides, is voluntary and involves the assumption of the risks described above.
