RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT
This Assumption of Risk, Waver of Liability, and Indemnification Agreement (Agreement) is entered into on the date this Agreement is executed by the Adult Participant as identified by signature below, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) as identified below in favor of Bloomington Bicycle Club Incorporated, 501(c)(4), frequently known as the Bloomington Bicycle Club. Collectively and severally, Adult Participant and Child Participant are referred to as the Participant. In consideration of participating in Bloomington Bicycle Club events and activities including any group rides, events, or activities wherever located, Participant agrees as follows:
1. Nature of the Activities. Cycling is an inherently dangerous activity.
2. Types of Risks. By signing below, Participant acknowledges there are inherent risks in participating in the Activities, including, but not limited to, cuts, bruises, muscle strain, twisted or sprained ankles, knees, shoulders, or wrists, burns, dirt or other materials in eye, concussions, broken bones, physical or emotional injuries, paralysis, death, disability or other injury or damage to Participant, property, or to third persons. Other inherent risks in the Activities include erratic co-participant behavior, unexpected equipment failure, error of judgment by participants or others, health or physical condition, and mental distress from exposure to any of the above. Due to the nature of the Activities, there are more hazards and risks than are enumerated here, and there are also unknown and unforeseeable hazards. By signing below, Participant acknowledges the inherent risks of the Activities and that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with the Activities.
3. Types of Injuries. It is important that the Participants understand the three types of injuries that can typically occur when participating in the Activities. First is the common minor injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions. The second type of injury is the serious injury. Examples of serious injuries are broken bones, ligament and joint injuries, concussions, and eye injuries. The third type of injury is the catastrophic injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Participant on his/her own behalf and as the parent or legal guardian of the Child Participant(s), acknowledges that he/she is aware of and voluntarily assumes all such risks.
4. Assumption of Risks. Participant on his/her own behalf and as the parent or legal guardian of the Child Participant(s),warrants that Participant has read this Agreement in its entirety, acknowledges that the Activities contain inherent risks which vary with the activity, understands the demands of the Activities relative to Participant’s physical condition, abilities and skill level, appreciates the types of injuries that may occur as a result of the Activities and their potential impact on our safety, well-being, and lifestyle, and asserts that participation is voluntary and that all Participants knowingly assume all risks inherent with the Activities. PARTICIPANT ACKNOWLEDGES THAT THE PROTECTED PARTIES (AS DEFINED BELOW) WILL NOT HAVE ANY RESPONSIBILITY FOR ANY INJURY TO PARTICIPANT OR PAY FOR ANY COST OR EXPENSES INCURRED BY PARTICIPANT IF PARTICIPANT IS INJURED.
5. Release of Claims. In full appreciation of the foregoing risks, and in consideration for the right to use, access and enjoy the Premises and voluntarily participate in the Activities, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF ANY CHILD PARTICIPANT AND HIS/HER HEIRS, EXECUTORS AND REPRESENTATIVES) RELEASES, DISCHARGES AND AGREES NOT TO SUE THE BLOOMINGTON BICYCLE CLUB, RESPECTIVE OFFICERS, MEMBERS, AGENTS, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, OTHER PARTICIPANTS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO, DISABILITY, OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT'S PROPERTY (A) THAT MAY ARISE IN CONNECTION WITH PARTICIPANT’S PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN THE ACTIVITIES, (B) OCCURRING IN OR ABOUT THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES, (C) RESULTING IN PERSONAL INJURY, INCLUDING MINOR INJURY, SERIOUS INJURY, OR CATASTROPHIC INJURY AS DESCRIBED ABOVE IN SECTION 3 OF THIS AGREEMENT ARISING FROM, GROWING OUT OF, OR CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OR STRICT LIABILITY OF THE PROTECTED PARTIES, (D) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT AND DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES (E) RESULTING FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF BLOOMINGTON BICYCLE CLUB. THE RELEASE CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, SHALL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT.
6. Indemnity. ADULT PARTICIPANT, ON BEHALF OF THEMSELF AND THEIR HEIRS, ASSIGNS, EXECUTORS AND REPRESENTATIVES AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO INJURY, DEATH AND/OR DISABILITY, BODILY INJURY OR PROPERTY DAMAGE IN ANY WAY RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT(S)): (A) PARTICIPANT'S ACTS, OMISSIONS OR PRESENCE ON OR ABOUT ANY PART OF THE PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, (B) PARTICIPANT'S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; (C) ANY CLAIMS ARISING OUT OF THE NEGLIGENT, OR GROSSLY NEGLIGENT, ACTS OR OMISSIONS OF THE PROTECTED PARTIES, PARTICIPANT OR ANY GUEST OR INVITEE OF THE PROTECTED PARTIES, PARTICIPANT, OR ANY OTHER PERSON PARTICIPATING IN ACTIVITIES ON THE PREMISES (D) PARTICIPANT'S USE OF ANY FIXTURES, EQUIPMENT OR PERSONAL PROPERTY IN, ON OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR (E) PARTICIPANT’S CONSUMPTION OF ALCOHOL AT THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, WILL APPLY EVEN IF ANY SUCH INJURY, LOSS, DISABILITY, DEATH, OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT, BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
7. Dispute Resolution.
a. Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach of this Agreement, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party and the arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Indiana Uniform Arbitration Act, Ind. Code § 34-51-1-1 et. seq. If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
b. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT AND BLOOMINGTON BICYCLE CLUB KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, after consulting with counsel (or after having waived the opportunity to consult with counsel) AGREE TO WAIVE THEIR RIGHT TO a bench TRIAL or JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF INDIANA.
8. Authority. As the parent or legal guardian of the Child Participant(s), the undersigned represents to the Protected Parties that they have legal capacity and authority to act for and on behalf of the Child Participant(s), and agrees to INDEMNIFY AND DEFEND THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS OR LIABILITIES RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF THE UNDERSIGNED'S LEGAL CAPACITY OR AUTHORITY TO ACT FOR OR ON BEHALF OF THE CHILD PARTICIPANT(S) IN THE EXECUTION OF THIS AGREEMENT.
9. Terms. Capitalized terms shall have the meaning set forth in this Agreement. This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes any and all previous oral or written promises or agreements, and may only be modified in writing. The Participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Indiana and that if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or as a result of Participant’s participation in the Activities and they shall lie in Monroe County, Indiana. The substantive laws of the State of Indiana shall apply. Wherever any words are used in this Agreement in the masculine or feminine gender, they shall be construed as though they were also used in another gender in all cases where they would so apply.
10. Acknowledgment & Understanding. Participant represents to the Protected Parties that
Participant thoroughly understands this is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth in this Agreement and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained in this Agreement. Participant acknowledges that Participant has read this Agreement in its entirety, fully understands its terms, and understands that he is giving up substantial rights in this Agreement, including his or her right to sue. Participant acknowledges that Participant is signing this Agreement freely and voluntarily, and intends by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to negligence and gross negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of the State of Indiana.
11. License. For good and valuable consideration the receipt of which is hereby acknowledged,
Adult Participant on behalf of themself and the Child Participant irrevocably grants Bloomington Bicycle Club and affiliates assigns, licensees and successors the right to use all or a portion of Participant’s image (including personal property owned by Participant) and name in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in ADULT PARTICIPANT ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY USED IN CONNECTION WITH THE IMAGES. ADULT PARTICIPANT ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT RELEASE THE BLOOMINGTON BICYCLE CLUB AND ASSIGNS, LICENSEES AND SUCCESSORS FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY OR COPYRIGHT. The Bloomington Bicycle Club is permitted, although not obligated, to include Participant’s name as a credit in connection with the image. The Bloomington Bicycle Club is not obligated to utilize any of the rights granted in this Agreement. IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD, FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY WARRANT AND REPRESENT TO BLOOMINGTON BICYCLE CLUB THAT I HAVE SUCH PERSON’S ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE, WAIVER AND RELEASE, AND INDEMNITY AGREEMENT.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS.
I SWEAR AND AFFIRM THAT I HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE PROVISIONS CONTAINED HEREIN:
CONSENT AND RELEASE OF PARENT OR GUARDIAN
As the parent or guardian I attest that my child is fit for participation in this event, and I consent to my Child's participation. I HAVE READ AND UNDERSTAND THE ABOVE CONTRACT. In consideration of allowing my Child to participate, I consent to the contract and agree that ITS TERMS SHALL LIKEWISE BIND ME, MY CHILD, and my Successors. I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND PROMISE TO INDEMNIFY AND NOT TO SUE THE RELEASEES and all sponsors, organizers, promoting organizations, and property owners that are in any way connected with the Bloomington Bicycle Club and/or any Releasees FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE which I or my Child may have or which may hereinafter accrue to me or my Child and from any and all damages which may be sustained by me or my Child directly or indirectly in connection with, or arising out of, my Child's participation in or association with The Bloomington Bicycle Club and/or its Releasees.
Release Form # 0002v.1 (updated 5/12/2023)
