BIG ORANGE LIABILITY WAIVER
This is an Acknowledgement of Risk, Release of Liability, Indemnification Agreement and Agreement not to Sue.
I acknowledge that I have read this document carefully and understand what it means. I further acknowledge that by joining Big Orange Cycling or participating in any event organized promoted, sponsored, organized, or advertised by Big Orange Cycling or its members binds me to the terms of this document.
This waiver, release, indemnification, and agreement not to sue is effective September 1, 2022. It is effective as to all cycling events promoted, sponsored, organized, or advertised by Big Orange Cycling and its members. The events that are the subject of this agreement will be referred to henceforth as ‘Cycling Events’.
I understand that cycling is an inherently dangerous activity and understand the dangers of participating in ‘Cycling Events’ in any capacity, and I knowingly assume the risks associated with my participation. These risks include death, catastrophic injury, and injury in any form resulting from my participation in ‘Cycling Events’, from whatever cause.
In consideration of being allowed to participate in these ‘Cycling Events’ by one or more of the released parties, hereinafter referred to as ‘releasees’, I freely make the representations and legally binding agreements contained in this document.
I acknowledge that by reading this document and by being a part of Big Orange Cycling, I am assuming risks, agreeing not to sue, and am agreeing to indemnify and release from liability, Big Orange Cycling and its board members, officers, members, employees, volunteers, sponsors, and affiliates of whatever kind, hereinafter referred to as ‘releasees’.
I am giving up substantial legal rights as consideration for participating in ‘Cycling Events’. This release extends to the ‘releasees’ own negligence, the negligence of others, and releases them from liability for all forms of injury resulting from my participation in ‘Cycling Events’, including death. The release is binding for myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest, hereinafter referred to as ‘successors’.
By participating in Big Orange Cycling rides and events, I waive all claims, release from all claims, discharge all duties, hold harmless from all damages of any kind, promise to indemnify, and promise not to sue any ‘releasees’ that are in any manner connected with ‘Cycling Events’.
This includes all rights and claims arising from the ‘releasees’ own negligence to the extent permitted by law, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in ‘Cycling Events’. This includes travel to or
return from ‘Cycling Events’, and includes my participation as a rider, team member, spectator, coach, mechanic, official, volunteer, or in any other capacity.
I agree that it is my sole responsibility to be familiar with the course and schedule of ‘Cycling Events’, the ‘releasees' rules, if applicable, and any special regulations set forth for ‘Cycling Events’. I agree to comply with all such rules and regulations.
I understand and agree that situations may arise during ‘Cycling Events’ which may be beyond the control of ‘releasees’, and I must continually ride and otherwise participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment, any equipment provided for my use, and my conduct in connection with ‘Cycling Events’.
I have no physical or medical condition which would endanger myself or others if I participate in ‘Cycling Events’, or that would interfere with my ability to safely participate in ‘Cycling Events’. I agree, for myself and my ‘successors’, that the above representations are contractually binding and are not mere recitals, and that should I or my ‘successors’ assert a claim contrary to what I have agreed to in this document, the claiming party shall be liable for all expenses, legal fees, and costs of any kind incurred by ‘releasees’ in defending the claims.
This document may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any other waiver or modification. Every term and provision of this document is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
I am 18 years of age or older and if I am younger, my parents or legal guardian have executed this waiver by allowing me to be a member of Big Orange Cycling.
I am physically fit and sufficiently trained to participate in ‘Cycling Events’ and all activities associated with them.
I grant to Big Orange Cycling and its assigns the non-exclusive right and a royalty-free license to film, video, photograph, reproduce, publish, distribute and otherwise use, in any medium and worldwide, my name and voice, pictures and likenesses of me, and biographical material on me. This grant shall be binding upon me and my heirs and legal representatives.
By participating in Big Orange Cycling and events, I accept this document and I agree to the terms set forth herein.