Assumption of Risks, Release of Liability, Covenant Not to Sue and Indemnity Agreement (“Event Waiver”)
In consideration of the opportunity to take part in an event, and all activities related to or connected with an event, including travel to and from (collectively, the "Event") conducted, sponsored, or promoted by Queen City Bike (“QCB”), I hereby—for myself, my spouse, children/wards, guardians, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors and assigns (collectively, the “Successors”)—agree as follows:
1) Assumption of Risks
I understand that cycling and/or participation in an Event involves inherent risks, including but not limited to: collision with vehicles, other participants, bystanders, spectators, animals, and fixed or moving objects; imperfect course conditions such as gravel, debris, potholes, obstacles, and uneven or wet road surfaces; adverse traffic conditions; equipment failure; inadequate safety equipment; use of equipment or materials provided to me by others; sickness or disease (including communicable disease); and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity.
I acknowledge that I may incur minor injuries, major injuries, mental trauma, catastrophic injuries including paralysis and death, economic loss, theft or loss of property, and/or property damage. I assume all risks that may result from my actions, inactions or negligence; the conditions under which the Event takes place; and also from the actions, inactions or negligence of others, including but not limited to the Releasees.
2) Voluntary Participation
I am fully aware of the risks connected with participation in the Event, whether specifically listed in this Release or not, and I voluntarily elect to participate in the Event knowing that this participation involves these risks.
3) Release and Waiver of Liability
I hereby forever release, waive, and discharge QCB, its directors, officers, past and present employees and independent contractors, members, event directors, ride leaders and all other volunteers, participants, sponsors, promoters, agents, cooperating or affiliated organizations (including Pleasant Streets, Pleasant Ridge Community Council, and Community Happens Here, all of Cincinnati, OH), owners and lessors of any premises on which the Event takes place, and the representatives, executors, assigns, and successors of all of the preceding (collectively, the “Releases”), from any claims that may arise out of or are related to my participation in an Event, including claims arising from the ordinary negligence of Releases. I further agree to release, waive, and discharge the Releasees from any and all liability resulting from claims, causes of action or losses sustained by third parties arising out of my and/or my child/ward’s actions during the Event.
4) Covenant Not to Sue and Indemnity Agreement
I will not make any claim against Releasees for injury, damage, death, or any other loss arising from or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all of their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releases from and against any actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness, and liabilities of every kind, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in the Event.
5) Readiness & Medical Care
I attest that I possess the requisite skill level, and the proper medical and physical condition to participate in an Event safely. I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my well-being at all times while participating in an Event.
I consent to emergency medical care and transportation in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligent emergency rescue operations.
6) Rules, Safety Procedures, & Equipment
I agree to observe all rules and safety procedures established for an Event, and to abide by any decision of an event official relative to my ability to safely participate in the event. I agree to exhibit appropriate behavior at all times, and to ride and participate to neither endanger myself nor others.
I accept responsibility for the condition and adequacy of my equipment and any equipment provided by others for my use.
I will wear a helmet that satisfies the applicable Consumer Product Safety Commission (“CPSC”) standards, and I assume all responsibility for the selection of such a helmet.
I will refrain from wearing headphones or earphones while on my bike during an Event.
7) Media Release
I irrevocably grant and license to QCB and its affiliates, the unlimited right to capture, use, and reproduce, without compensation, any and all Event-associated photographs, audio recordings, video recordings or testimonial accounts that contain my person, name, image, voice, likeness or account.
8) Jurisdiction & Severability
This agreement shall be governed by and interpreted under the laws of Ohio. This agreement is intended to operate and be construed as broadly as allowed under Ohio law, and any dispute regarding the enforceability of this agreement shall be filed in the courts of Hamilton County in the State of Ohio and shall not be transferred to any other state or jurisdiction.
Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect any other term or provisions, which shall remain binding and enforceable.
9) Acknowledgment of Release Terms and Conditions
I have carefully read the preceding and understand its terms. I attest that I am 18 years of age or older. I know that I am giving up substantial rights, including my right to sue Releasees for injuries resulting from the inherent risks of cycling and the ordinary negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily. I intend my signature to be a complete and unconditional release of all liability to the greatest extent permitted by law.
By checking the Waiver Box on the Registration Form issued by QCB (online or print), I signify my agreement to all terms as set forth.