Release & Waiver of Liability
READ THIS DOCUMENT ("RELEASE & WAIVER OF LIABILITY") CAREFULLY BEFORE SIGNING. THIS RELEASE & WAIVER OF LIABILITY WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO COMMENCE A LAWSUIT IN THE FUTURE.
In consideration of EventPower, Inc. (“EventPower”) accepting your application and registration to participate voluntarily in the race event indicated above (the “Event”), you (the “Participant” or “I”, as applicable) hereby acknowledge that you understand and agree with each of statements, terms and conditions in this Release & Waiver of Liability (this “Release”).
This Release limits your rights and limits EventPower’s liability with regard to your participation in the Event. If you do not agree with all of the terms of this Release, then you should not sign this Release and you will not be allowed to participate in the Event.
1. Understanding. I understand and agree that my participation in the Event is a potentially hazardous activity, and I will not participate in the Event unless I am medically able to do so and properly trained. I understand that there are many factors that will affect my participation and performance in the Race, including but not limited to falls, spills, uneven pavement or ground conditions, contact with trees or other vegetation, vehicles, other participants and spectators (including items carried, pushed or pulled by other participants and/or spectators), water, lake or ocean conditions (if applicable), wild animals, the effect of the weather, including heat, humidity or cold, traffic, the availability (or lack thereof) of water or hydration stations, and the conditions of the course or other areas of the Event, including congestion, all such risks being known and appreciated by me (collectively, the “Risks”). EventPower does not warrant or represent that the Event will be Risk-free, and I acknowledge and agree that Risks may not be readily apparent or known to me in advance of my participation in the Event. I agree to use my best efforts to avoid Risks when possible to do so, and to not create Risks or aggravate existing Risks that might impact or injure other Event participants. I agree to abide by any direction or decision of an Event official relative to the avoidance of Risks and my ability to safely complete the Event including, if necessary, the termination, postponement or cancellation of the Event.
2. Release. Having read this Release and knowing of the potential existence and impact of the Risks, and in consideration of EventPower’s acceptance of my application and registration for the Event, I, for myself and anyone entitled to act on my behalf, do hereby waive and release (i) EventPower and its officers, directors, employees, agents and representatives, (ii) all sponsors of the Event and each of their respective officers, directors, employees, agents and representatives, (iii) all volunteers and independent contractors involved in the planning, organization, administration or implementation of the Event, and (iv) the locales, cities, towns and municipalities in which the Event is held and in which any part of the Event takes place (each a “Released Party” and collectively, the “Released Parties”), from all present and future claims, liabilities, costs and expenses of any kind, known or unknown, arising out of or related to my participation in the Event. The foregoing release includes, but is not limited to, claims and liabilities arising from or related to any injury, death or property damage caused by the ordinary negligence or fault on the part of any of the Released Parties.
3. Publicity. I hereby grant to each Released Party the non-exclusive, perpetual, worldwide right to use my name, my voice, my picture and any recordings in which my image or voice appears, or any other record of my participation in the Event, for any legitimate purpose in EventPower’s discretion without remuneration.
4. Representations. I represent and warrant that my participation in the Event is completely voluntary, and no promises or guarantees have been made to me to induce me to participate in the Event. I hereby affirm that I am eighteen (18) years of age or older or, if younger than eighteen (18) years of age, then my parent or legal guardian has authorized this Release on my behalf. To the extent that I use equipment or gear of any sort during the Event (e.g., bicycle, protective gear, etc.), I represent that such equipment or gear is in good condition and suitable for use in the Event. I know of no reason, medical or otherwise, that would preclude my participation in the Event, and I agree to cease participating in the Event if, at any time before or during the Event, I feel the effects of any physical malady, such as illness, light-headedness or dehydration. I understand that EventPower is relying upon these representations and in accepting my application and registration for the Event.
5. Miscellaneous. I agree that any and all claims or causes of action arising from or relating to this Release and my participation in the Event shall be governed under the laws of New York, and shall be brought solely and exclusively in the state courts of Nassau County, New York. In the event that any provision of this Release is held to be unenforceable by a court of competent jurisdiction, the unenforceable provision shall be excised from this Release, and the balance of this Release shall remain in full force and effect. The prevailing party in any action brought to enforce the terms of this Release shall be entitled to an award of its attorneys’ fees and costs.