The Great Big FANY Ride - (FANY Release - pg. 1 of 2)
NOTE: THIS IS AN IMPORTANT DOCUMENT. PLEASE TAKE AS MUCH TIME AS YOU NEED TO CAREFULLY READ AND UNDERSTAND IT.
This is a General Release of All Claims, an Agreement Not to Sue, an Assumption of Risk, and an Indemnification Agreement ("Release") in favor of The Great Big FANY Ride, LLC, its employees, agents, volunteers, independent contractors, suppliers, officers, directors, members, contributors, organizers, any promoting organizations, property owners, law enforcement agencies, all public entities, special districts, properties and their respective agents, officials and employees, and all others who are involved (collectively, the "Released Parties" or, individually, a "Released Party") with respect to a bicycle touring ride, including other forms of participation, and all activities related thereto, which will occur during July 18-24, 2020 (the "Event").
I (print name) _________________________________ ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS DOCUMENT, I AM RELEASING THE RELEASED PARTIES FROM LIABILITY, WAIVING LEGAL RIGHTS I MIGHT OTHERWISE HAVE, AND ENTERING INTO CERTAIN OBLIGATIONS, AS SET FORTH HEREIN. THIS RELEASE IS A BINDING CONTRACT WITH SIGNIFICANT LEGAL CONSEQUENCES. I WAS ADVISED BOTH ON THE WEBSITE AND THE SIGN-UP FORM THAT I WOULD BE REQUIRED TO SIGN SUCH A RELEASE, AND I HAVE BEEN ADVISED TO READ IT CAREFULLY (AND TO OBTAIN LEGAL COUNSEL IF NECESSARY) BEFORE SIGNING.
In consideration of the acceptance of my registration for and attendance of the Event, I hereby freely agree to and do hereby make the contractual representations, covenants, waivers, indemnities and agreements set forth herein.
I fully realize and acknowledge the hazardous nature and dangers of cycling and of participating in an organized bicycle ride such as the Event. I am voluntarily participating in the Event. I FULLY ASSUME THE RISK OF INJURY, SICKNESS, DAMAGE, LOSS OR DEATH ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation, the following: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from road conditions, safety hazards, equipment failure, inadequate safety equipment, THE RELEASED PARTIES' ORDINARY NEGLIGENCE, heat, humidity, and other weather conditions, including severe storms, lightning, and other weather emergencies; and the possibility of serious physical and/or mental trauma or injury or illness. I also acknowledge that I may be exposed to significant risks while engaged in other voluntary activities related to the Event including, without limitation, dancing, swimming, dining, shuttle transportation, and camping.
I understand that The Great Big FANY Ride does not provide medical insurance for me and that I am solely responsible for any medical expenses incurred on my behalf.
For myself, my spouse, heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "successors"), I HEREBY AND FOREVER WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, PROMISE NOT TO SUE AND AGREE TO INDEMNIFY AND DEFEND THE RELEASED PARTIES FROM ANY AND ALL rights, causes of actions, disputes, liabilities and CLAIMS, INCLUDING CLAIMS ARISING FROM THE RELEASED PARTIES' ORDINARY NEGLIGENCE, which I have or which may hereafter accrue to me, together with any and all damages, including but not limited to my property or my person, which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the Event or any activities incidental thereto wherever or however the same may occur, including travel to or return from the Event.
I agree it is my sole responsibility to be familiar with and follow the Event route, and to know and abide by all laws and rules as they as they apply to bicycles, and any special regulations for the Event. (Click to link to NYS bicycling laws. ) I understand and agree that situations may arise during the Event which may be beyond the immediate control of the RELEASED PARTIES, and I must continually ride so as to neither endanger myself or others. I accept responsibility for the condition of my equipment. I understand and agree that I am solely responsible for the safety and loss or theft of my bicycle, luggage, equipment, and automobile. I will at all times while riding wear a helmet which satisfies the requirements of the United States Cycling Federation Rules and that will protect against serious head injury, and assume all responsibility and liability for the selection and proper wearing of such a helmet. I certify that I have no physical or mental condition which, to my knowledge, would endanger myself or others if I participate in this Event, or would interfere with my ability to participate in this Event. I am aware that medical support for this Event will be provided by community EMS staff and volunteers and other personnel who may be called upon, but are in no event obligated or required, to provide assistance, including first aid, to me during the Event. I consent and authorize any such volunteer to assist me or to perform such assistance as, in the opinion of such persons, may be necessary or appropriate. I understand further that any such medical or other service provided to me is not an admission of liability to provide or to continue to provide any such services and is not a waiver by any of said parties' or the Released Parties' rights under this Release.
(FANY Release - pg. 1 of 2)
I grant to The Great Big FANY Ride my absolute permission to use without charge any and all photographs, video reproductions or other like kinds of image reproductions taken during the Event in which I may appear as a subject or the subject matter, at the sole discretion of The Great Big FANY Ride, for publicity or any other purpose chosen by The Great Big FANY Ride.
Bikers and drivers on FANY Ride are granted a license to use the cue sheets during The Event, and hold no ownership of the routes or cue sheets. The FANY Ride owns sole copyright and retains all ownership of the Cue sheets and route. Posting of The Great Big FANY Ride route on any public web site (including but not limited to Routeslip.com MapMyRide.com and any similar sites now or in future) that can generate a cue sheet or turn-by-turn directions is not allowed.
I understand the Event routes are public roads shared with motor vehicles. I understand that The Great Big FANY Ride does not provide medical insurance for me and that I am solely responsible for any medical expenses incurred on my behalf.
I agree, for myself and my successors, that the above representations, agreements, covenants, waivers and indemnities are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this Release, the asserting party shall be liable for the expenses (including legal fees, through all level of appeals) incurred by the Released Party or Parties in defending such claim, unless the other party or parties are finally adjudged liable on such claims as a result of gross negligence or willful misconduct. This Release may not be modified orally, and a waiver of, or failure to assert or enforce, any provision hereof shall not be construed as a modification of any other provision herein or as a consent to any other provision herein or as a consent to any subsequent waiver or modification. I further agree that if, in breach of this Release, I institute any judicial proceedings or any claims against any of the Released Parties in connection with the Event, I shall bring them in the State Court of Albany County, New York and I consent to personal jurisdiction in those courts.
I agree that this Release is intended to be as broad and inclusive as permitted by law, and that if any portion hereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
I certify that I am over the age of 18, and suffer from no legal disabilities and am otherwise legally competent. If signing this Release as a parent or guardian of the participant named below who is under the age of 18 (the "Child"), I have reviewed the activities described above and the conditions of participation with the Child. The Child wants to participate in the event. I consent to the Child's participation in the Event and the Child and I are willing to assume the risks inherent in the Event. I agree that the Child must be accompanied by me on the ride and supervised by me at all times during the Event. I consent to the administration of medical assistance, including first aid and the furnishing of first aid supplies, to my Child.
I agree THE TERMS HEREOF SHALL LIKEWISE BIND ME AND MY SUCCESSORS. I PROMISE NOT TO SUE THE GREAT BIG FANY RIDE or any Released Party or Parties on my behalf or on behalf of my Child regarding any claim arising from my Child's participation in the Event.
I HAVE READ AND I UNDERSTAND THIS RELEASE. I VOLUNTARILY AND KNOWINGLY SIGN IT. I UNDERSTAND THAT MY EXECUTION HEREOF IS A MATERIAL INDUCEMENT TO THE GREAT BIG FANY RIDE TO ALLOW ME TO PARTICIPATE IN THE EVENT.
Signature of Participant: ______________________________________________
Date_______________ Type/Print Name:____________________________________ Check one: [ ] adult [ ] Under 18 years of age - Complete below
If signing for your Child: CONSENT AND RELEASE OF PARENT OR GUARDIAN (required if participant is under 18 years of age on date of signing this Release)
Signature of Parent or Guardian: _______________________________________
Date:______________ Print Name:____________________________________ Participants under 18 years of age are required to have an adult accompanying them on the ride.
Name of Accompanying/Supervising Adult, Print Name:_____________________________
Relationship of Accompanying Adult to Child ____________________________________________
(FANY Release - pg. 2 of 2)