SpokenSD Waiver and Release
In consideration of my registration to bicycle in a SpokenSD tour, I hereby agree and acknowledge the following, which includes a release of liability, which will apply to all of my participation in all SpokenSD events (individually an “Event,” and collectively “Events”):
1. I am aware that with any bicycle related activity there are certain inherent dangers, including but not limited to the hazards of roads, 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 bicycle helmets are optional for riders 18 or older and mandatory for riders under 18 to participate in all riding Events and I agree 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 tour leaders to serve as guardians of my safety. I recognize that the route(s) chosen may be challenging, and that weather, road or traffic conditions may make a ride more difficult. SpokenSD 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, SpokenSD 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. I give permission to SpokenSD to use my image without payment in any future SpokenSD materials should it appear in photos taken during an Event.
6. 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 SpokenSD, officers, agents, successors and assigns, the sponsors, the ride leader(s), 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 SpokenSD 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.
7. This Waiver & Release is intended to be binding upon me, my family, my heirs, my estate, my legal representatives and assigns. I understand that the terms of this document are contractual and not a mere recital, and I have agreed to the terms of this document as my own free act.
8. SpokenSD 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 closures or construction, dangerous or impassable roadway conditions, or any other cause beyond the reasonable control of SpokenSD.
I AGREE I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS WAIVER & RELEASE BY READING IT AND AGREE TO ITS TERMS.