WAIVER & RELEASE FROM LIABILITY
In consideration of participating in Performance Bicycle, Performance, Inc. and/or Bitech, Inc. sponsored Bicycling Activities (“Activity”), I for myself, my personal representatives, assigns, heirs, and next of kin:
Acknowledge, agree, and represent the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that the Activity will be conducted over public roads and facilities, upon which the hazards of travelling are to be expected. I further agree that if at any time I believe conditions to be unsafe, I will immediately discontinue participation in the Activity.
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 actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the parties released below (the “Released Parties”); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; 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.
Hereby release, discharge, and covenant not to sue any of Performance Bicycle, Bitech, Inc., Performance, Inc., their related companies and their administrators, directors, agents, officers, volunteers, and employees, other participants, sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place, (each considered as the “Released Parties” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations; and I further agree that if, despite this Wavier & Release I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of the Released Parties from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of such claim.
Hereby give and release to Performance, its subsidiaries, assigns, licensees, and designees, forever, the royalty-free, world-wide right to appropriate my name, voice, image, picture or likeness, as it may be obtained in connection with the Activity, including, but not limited to:
(A) The right to copyright (and to renew and extend any copyright), publish, republish, record, broadcast, rebroadcast and use, by any means available or hereafter developed my name, voice, image, picture or likeness in any media at any time or place for art, advertising, promotion, trade, or any other purpose whatsoever; and
(B) The right to use the same without granting me acknowledgement, credit, identification, or any consideration in addition to that which is provided for and acknowledged herein; and
(C) Any right, to the extent that it might exist, to inspect or approve the finished product of any advertising or promotional copy of matter of any kind relating to the use of my name, voice, image, picture or likeness; and
(D) I also release Performance, its subsidiaries, assigns, licensees, and designees, forever, from any liability to the extent such may exist, arising out of any blowing, distortion, alteration, optical, or aural illusion or any other effect, or use in composite form, whether intentional or otherwise that may occur or be produced in the taking or use of my name, voice, image, picture or likeness, as well as in the copyright (of extension or renewal thereof), publication, republication, recording, broadcast, rebroadcast, or other use thereof.
I HAVE READ THIS WAVIER & RELEASE, FULLY UNDERSTAND THE TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY KIND, INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND AGREE THAT IF ANY PART OF THIS AGREEMENT IS HELD INVALID THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT.
I CERTIFY THAT I HAVE READ THIS WAIVER & RELEASE IN ITS ENTIRETY AND HAVE SIGNED BELOW:
Participant Name (print):_____________________________________________Email:_____________________________________
Participant Signature:__________________________________________________ Date:_________ Zip Code:_______________
PARENT OR GUARDIAN WAIVER & RELEASE ON BEHALF OF MINOR
By signing this portion of the Waiver & Release from Liability I, the Minor’s parent and/or natural or legal guardian, agree to release the Released Parties from any and all liability arising from participation by the Minor in the Activity, to the same extent and under the same terms and conditions set forth above.
I CERTIFY THAT I HAVE READ THIS WAIVER & RELEASE IN ITS ENTIRETY AND HAVE SIGNED BELOW ON BEHALF OF THE MINOR:
Minor Participant Name (print):__________________________________________ Age:_________
Parent/Guardian Name (Print): __________________________________________
Signature of Parent or Guardian:_________________________________________ Date:_________