Waiver and Release
In consideration of my registration to bicycle in a Vivid Cycling Club event or my participation in any event or daily ride, I hereby agree and acknowledge the following, which includes a release of liability, which will apply to all of my participation in all Vivid Cycling Club events and daily rides:
1. I am aware that with any bicycle related activity there are certain inherent dangers, including but not limited to the hazards of roads, off road terrain, accidents, actions of participants and other persons. By my participation in any Event, I certify that I am aware of these inherent dangers of bicycle riding and the safety rules of the road applicable to bicycles.
2. I understand that CPSC certified bicycle helmets are required to participate in all riding Events and I agree to wear a helmet while participating in any such Event and to follow the rules of the road and all applicable laws and safe bicycling practices.
3. I hereby consent to emergency medical treatment if I am injured while participating in an Event.
4. I understand that it is not the function of the ride leaders (if an Event has ride leaders) to serve as guardians of my safety. I recognize that the route(s) chosen may be challenging, not necessarily the safest or easiest route(s) and that weather, road or traffic conditions may make a ride more difficult. Vivid Cycling Club reserves the right to remove any rider who is deemed to be endangering himself/herself or others or is riding illegally as defined by California State traffic law. Notwithstanding this clause, Vivid Cycling Club is not responsible for cyclists not removed from the Event for any of these reasons and this clause shall in no way supersede, exempt participants from, or otherwise nullify any other clause in this Waiver & Release.
5. This Waiver & Release is intended to be binding upon me, my family, my heirs, my estate, my legal representatives and assigns. Any legal action that may arise from my participation in this ride or event will be brought in Santa Barbara County Superior Court in California State. I understand that the terms of this document are contractual and not a mere recital, and I have signed this document as my own free act.
6. I give permission to Vivid Cycling Club to use my image without payment in any future Vivid Cycling Club materials should it appear in photos taken during an Event.
7. I freely and voluntarily accept all risks of injury, death, or property damage. I understand and agree that none of the parties described below may be held liable in any way for any occurrence or accident in connection with an Event. I hereby RELEASE from any and all liability and agree to INDEMNIFY AND HOLD HARMLESS Vivid Cycling Club, their officers, agents, successors and assigns, the sponsors, the ride leader(s) (if any), or other volunteers, against all claims, including, but not limited to, claims of negligence, unintentional acts, and acts of omission, and any loss or expense, which may arise from my participation in any Event. I understand I am responsible for my own conduct and decisions while participating in a Vivid Cycling Club Event and further agree that this Waiver & Release shall apply to any claim arising out of my participation in non-bicycling activities while a participant in an Event.
9. The Vivid Cycling Club will not be responsible for any delay, interruption or other failure to perform, and may cancel any event in the case of a circumstance beyond its reasonable control. Such circumstances include, but are not limited to, an Act of God (for example, flood, earthquake, volcanic eruption, etc), war, riot or other civil disturbance, fire, epidemic, explosion, terrorist activity, sabotage, compliance with government requests, orders, or regulations, inability to deploy necessary equipment or volunteers, roadway or trail closures or construction, dangerous or impassable roadway or trail conditions, or any other cause beyond the reasonable control of the Vivid Cycling Club. The executive director and the board will be the sole decision makers as to what, if any, refund or other accommodation will be made in the event of cancellation of an event.
I AGREE I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS WAIVER & RELEASE BY READING IT AND AGREE TO ITS TERMS.