IsraeliBikeClub.com Release and Waiver of Liability Agreement
THIS AGREEMENT SUBSTANTIALLY AFFECTS YOUR RIGHTS SO READ IT IN ITS ENTIRETY.
IF YOU INTEND TO PARTICIPATE IN ANY OF THE CLUB EVENTS - YOU HAVE AGREED TO THIS
AGREEMENT. DO NOT PARTICIPATE IF YOU DON'T AGREE.
ISRAELI BIKE CLUB RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT ("AGREEMENT")
The Israel Bike Club of Orange County (the “Club”) is a recreational, social, and
sport cycling organization committed to promoting safety, health, and fitness through
the shared social activity of bicycling. This authenticated waiver represents membership
in the Club. Helmets (ANSI/Snell- approved) are required, and, if a rider does not
wear a helmet or sign this waiver, they are disqualified from Club membership for
the ride they are on.
IN CONSIDERATION of my application and being permitted to participate in any way
in Club-sponsored Bicycling Activities ("Activity") I, hereby take action for myself,
my personal representatives, my executors, administrators, assigns, heirs, next
of kin, and successors:
1. ACKNOWLEDGE, agree, certify, and represent that I understand the nature of Bicycling
Activities and that I am qualified, in good health, in proper physical condition,
and sufficiently trained to participate in such Activity, and have not been advised
otherwise by a qualified medical person. I further acknowledge that the Activity
will be conducted over public roads and facilities, open to the public during the
Activity and upon which the hazards of traveling are to be expected. I further agree
and warrant that if, at any time, I believe conditions to be unsafe, I will immediately
discontinue further participation in the Activity.
2. FULLY UNDERSTAND that: (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF
SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (‘RISKS");
(b) these Risks and dangers may be caused by my own actions, or inactions, the actions
or inactions of other individuals or entities participating in the Activity, the
condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES"
NAMED BELOW; ( c ) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either
not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND
ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur
as a result of my participation in the Activity.
3. ACKNOWLDGE, agree, certify, and represent that I understand that this athletic
event is an extreme test of a person's physical and mental limits and carries with
it the potential for death, serious injury and property loss. The risks include,
but are not limited to, those caused by terrain, facilities, temperature, weather,
condition of athletes, equipment, vehicular traffic, actions of other people including,
but not limited to, participants, volunteers, spectators, coaches, event officials,
and event monitors, and/or producers of the event and lack of hydration. I hereby
assume all of the risks of participating &/or volunteering in this event I realize
that liability may arise from negligence or carelessness on the part of the persons
or entities being released, from dangerous or defective equipment or property owned,
maintained or controlled by them or bemuse of their possible liability without fault.
I further acknowledge agree, certify, and represent to fully comply with the California
Vehicle Code.
4. HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the
Club and the host of www.israelibikeclub.com and both of their: administrators,
directors, agents, officers, members, volunteers, and employees, representative,
other participants, any event sponsors, event directors, event volunteers, event
advertisers, and if applicable, owners and lessors of premises on which the Activity
takes place, FROM ALL LIABILITY, FOR MY DEATH, DISABILITY, PERSONAL INJURY, PROPERTY
DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER ACCRUE (to me
or my traveling to and from this event), CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON
MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, AND I FURTHER
AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of
the Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from
any litigation expenses, attorney fees, loss, liability, damage, or cost which any
may incur as the result of such claim. This WAIVER shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable
law.
5. HEREBY CONSENT
to receive any medical treatment, x-ray exam, anesthetic, medical,
dental or surgical diagnosis or treatment and hospital care, which is deemed advisable
by and to be rendered under the general or special supervision of any physician
and surgeon, licensed under the Provision of Medicine Practice Act, or any dentist
licensed under the Dental Practice Act, whether such diagnosis or treatment is rendered
at the office of said physician or dentist, at the hospital, or elsewhere, which
may be deemed advisable in the event of injury, accident and or illness during this
event. This authorization will remain effective while en route to or from involved
or participating in Club events, unless revoked in writing by undersigned and delivered
to aforesaid AGENT.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN
UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND WITHOUT ANY
INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF
ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING,
SHALL CONTINUE IN FULL FORCE AND EFFECT.