IN CONSIDERATION of being permitted to participate as a rider in any way in CommonWheels-sponsored Bicycling Activities (“Activity”) I, for myself, my spouse, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Bicycling Activities (defined as any activity in which an individual rides, uses, or is in possession of a bicycle) and that I am qualified, in good health, and in proper physical condition to participate in such Activity. 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 factors including, but not limited to: my own actions or inactions, the actions or inactions of others participating in the Activity, the condition (including but not limited to conditions of road and weather), 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 or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE COMMONWHEELS, its officers, directors and members, CommonWheels sponsors, CommonWheels administrators, agents, officers, members, volunteers, contractors and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY TO MYSELF OR MY PROPERTY, EVEN INJURY RESULTING IN MY DEATH, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, INCLDUING NEGLIGENT RESCUE OPERATIONS, OF THE RELEASEES OR OTHERWISE WHILE I AM PARTICIPATING IN THE ACTIVITY.
4. AGREE that if, despite this release and waiver or liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Releasees, 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.
5. AGREE that I WILL FOLLOW ALL TRAFFIC LAWS AND SPECIFIC BICYCLE REGULATIONS as set forth in Massachusetts General Laws Chapter 85 Section 11B (copies available upon request). In particular, when participating in the Activity at night or before sunrise, for the safety of myself and motor vehicle drivers, I will affix a white light to the front of my bicycle and a red light or red reflector to the rear of my bicycle. I will also display reflectors on my bicycle pedals or reflective material on my ankles. I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY INJURY I incur as a result of my failure or the minor's failure to display appropriate lights and reflectors while riding or using a bicycle at any point during my participation in a CommonWheels Activity.
6. AGREE that I WILL WEAR A HELMET which satisfies the requirements of the Releasees' Rules or Regulations and that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet. I further understand that failure to wear a helmet while riding a bicycle at any point during my participation in CommonWheels-sponsored Bicycling Activities is not endorsed or encouraged by CommonWheels. I FULLY ACCEPT AND ASSUME ALL RISKS AND ALL RESPONSIBILITY FOR ANY INJURY I incur as a result of my failure or the minor's failure to wear a helmet while riding or using a bicycle at any point during my participation in a CommonWheels Activity.
I AM 18 YEARS OR OLDER, HAVE READ THE AGREEMENT ON THE OPPOSITE SIDE OF THIS SHEET, 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 MASSACHUSETTS 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.
PHOTO RELEASE
I HEREBY GRANT PERMISSION FOR MY OR MY CHILD'S PICTURE TO BE USED BY COMMONWHEELS, partners of CommonWheels, and/or the media for uses included but not limited to programming, media or promotional purposes.
This is a complete release to CommonWheels, Inc. of all claims, whether legal or equitable, in connection with said photos.
MINOR RELEASE
(Complete for Participants Under the Age of 18)
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF BICYCLING ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY TO THE MINOR OR THE MINOR'S PROPERTY, EVEN INJURY RESULTING IN DEATH OF THE MINOR, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, INCLDUING NEGLIGENT RESCUE OPERATIONS, OF THE RELEASEES OR OTHERWISE WHILE THE MINOR IS PARTICIPATING IN THE ACTIVITY. I FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.