WAIVER and RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY ("Agreement") for MID-AMERICA REGIONAL COUNCIL'S BIKES CONNECT US COMMUNITY RIDE

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU MUST READ AND UNDERSTAND IT BEFORE SIGNING. 

I, the above-named person, being above age eighteen, in consideration of the Mid-America Regional Council’s WAY TO GO Bikes Connect Us Community Ride event (“Activity”), hereby acknowledge, agree, promise and covenant with Mid-America Regional Council (MARC) and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and next of kin:

1. ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that the Activity I am about to engage in voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, the property of MARC, or the properties on which the Activity takes place. I further acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.
2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling and electric bicycle riding, and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activity take place, or the negligence of the “Releases” named below; (c) there may be other risks and social and economic losses either known of unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, and others and their property, arising from my participation in the Activity.
   
   
3. I HEREBY RELEASE, DISCHARGE, AND CONVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the Activity and agree not to sue MARC, its administrators, directors, agents, officers, members, volunteers, and  employees, other participants, ride leaders, any sponsors, advertisers, partners and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account 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, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.
   
   
4. PHOTO RELEASE: By participating in or attending any Activities in connection with MARC’s BIKES CONNECT US COMMUNITY RIDE, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same. My signature below indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed 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. I understand that this is the entire agreement between MARC, its partners, agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of MARC, or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect.