RIDE FOR THE PASS
May 19, 2018 | WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT
In consideration for my being permitted by the Aspen Cycling Club, Blazing Adventures, Inc., Colorado State Patrol, Colorado Department of Transportation, Pitkin County, Roaring Fork Transit Authority, U.S. Forest Service, and the Independence Pass Foundation, its Board of Directors, employees, consultants, volunteers, participants, and sponsors (hereinafter collectively referred to as the “RELEASED PARTIES”) to participate in the Ride for the Pass and related activities (hereinafter referred to as the “Event”), which starts at the Winter Gate on State Highway 82 and continues to either the Town of Independence or the Weller turnout, Pitkin County, Colorado, on May 19, 2018, I agree to the following Waiver, Release and Indemnification:
I hereby acknowledge agree that I have been advised of my responsibilities as an Event participant, and when I am on the course on State Highway 82, which will be closed to motorized traffic.
I further acknowledge and have taken the opportunity prior to the beginning of the competition, including training and practice, to visually inspect the course and road conditions and areas of the competition. I further understand and acknowledge that conditions and objects exist which are not marked or otherwise modified in any way.
I HEREBY ACCEPT AND ASSUME THE RISK OF ALL COURSE CONDITIONS FOR ALL RACING AND TRAINING AND PRACTICE FOR THE EVENT INCLUDING, BUT NOT LIMITED TO, THE COURSE LAYOUTS, COURSE FACILITIES AND AREAS, AND THE COURSE CONDITIONS AS THEY EXIST AND AS THEY MIGHT CHANGE DURING THE COMPETITION.
I understand that there are significant, unavoidable, and inherent dangers and risks involved in bicycle riding generally, and in any bicycle racing competition in particular. I ACKNOWLEDGE THAT THESE DANGERS AND RISKS INCLUDE, WITHOUT LIMITATION:
(1) risks arising from and associated with bicycle racing competitions including but not limited to collisions, mechanical failure, varying road conditions and weather; (2) risks specific to riding on a mountain state highway that has been closed for the winter, such as (by way of illustration) unmarked objects, obstacles, rocks, holes, gravel, and conditions (including surface and subsurface conditions), changes in terrain and pitch in the road, adjacent cliffs and extremely steep areas, forest and rock areas and non-participants; (2) risks of fatigue, altitude sickness, and other ailments resulting from a physically demanding activity on a demanding course; (3) risks arising from unusual light conditions, changing weather, and changing temperatures; and (4) such other risks and dangers that are integral to the sport of bicycling and bicycle racing.
I AM AWARE AND ACKNOWLEDGE THAT BICYCLE RIDING AND RACING COMPETITIONS AND THE TRAINING AND PRACTICE THEREFOR HAVE INHERENT DANGERS AND RISKS FOR ANY COMPETITOR. I AM VOLUNTARILY PARTICIPATING IN THIS RIDING AND RACING AND COMPETITION EVENT, AND TRAINING AND PRACTICE THEREFOR, WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH THAT MAY RESULT.
I warrant that I am in good health and there are no special problems associated with my care. I:
1) authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for me; 2) accept responsibility and agrees to indemnify the Released Parties for all such medical expenses; 3) hold a valid personal health insurance policy sufficient in amount to cover any and all circumstances which may arise from participation in the Event; 4) agree to defend and indemnify the Released Parties for any and all claims arising from treatment brought by me, my heirs, successors, executors and/or subrogors; 5) irrevocably grant the Released Parties the right of publicity to own and use any image(s) collected of me while participating in the Event, and these rights will in no terms be extended beyond the purpose of promoting the Event and related events, and will not imply endorsement of any products of the Event sponsors.
Lastly, I for myself, my heirs, successors, executors, and subrogors, HEREBY KNOWINGLY AND INTENTIONALLY WAIVE, RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES and their respective owners, partners, directors, officers, agents, employees, sponsors, volunteers, representatives and members from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) and ordinary NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly as a result of my training and practice for and participation and competition in the Event or competition sites, whether such damage, loss, injury, paralysis or death results from the ordinary NEGLIGENCE of the RELEASED PARTIES, their respective owners, partners, officers, agents, employees, sponsors, volunteers, representatives, and members, or from some other cause.
PARENTAL WAIVER AND INDEMNIFICATION (MINOR PARTICIPANTS)
In consideration for the minor listed being permitted by the RELEASED PARTIES to participate in the Event which takes place on State Highway 82 east of the City of Aspen in Pitkin County, Colorado, I agree to the following waiver, release and indemnification:
The undersigned parent or guardian of the minor listed, for themselves and on behalf of said minor, hereby joins in and agrees to the provisions of the foregoing Waiver, and Release Agreement and hereby stipulates and agrees to save harmless, indemnify, and forever defend the RELEASED PARTIES, their owners, agents, officers, and employees, from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys’ fees) and liabilities, INCLUDING CLAIMS FOR THE RELEASED PARTIES OWN NEGLIGENCE made or brought by said minor or by anyone on behalf of said minor, as a result of said minor’s participation in the Event.