FOR PARTICIPATION IN: 2019 Emmitt Smith Gran Fondo (including related programs and/or events (“Event”))
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. BY REGISTERING FOR, AND PARTICIPATING IN, THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.
In consideration of being permitted by Pat and Emmitt Smith Charities, a Texas non-profit corporation (“Event Producer”) to participate in the Event, I understand and acknowledge that by signing below I am legally agreeing to the statements in the following Event Registration, Release and Waiver of Liability, and Assumption of Risk and Indemnity Agreement (“Agreement”) and that these statements are being accepted and relied upon by the Released Parties, as defined below. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
1. I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT. I acknowledge bicycling and/or other portions of this Event are inherently dangerous and are an extreme test of my physical and mental limits that carries with them the potential for serious bodily injury, permanent disability, paralysis and death, and property damage or loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the Event, which I elect to enter. I certify that I have not been advised against participation in the Event by any healthcare provider. I have no physical or medical condition that would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with the Event. I understand and acknowledge that there may be vehicle or pedestrian traffic on the course route, and I assume the risk of bicycling and/or other portions of this Event and participating under these circumstances. I also assume any and all other risks associated with participating in this Event, including but not limited to the following: falls, dangers of collisions with vehicles, pedestrians, other participants, and fixed objects; dangers arising from surface hazards, equipment failure, inadequate safety equipment; hazards that may be posed by spectators or volunteers, terrain, facilities, temperature, equipment, vehicular traffic, actions of other people (including but not limited to the Released Parties); lack of hydration; and course and weather conditions. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness of the Released Parties, as defined herein. I understand and agree that I will be participating in the Event at my own risk, that I am responsible for the risk of participation in the Event, AND I EXPRESSLY ASSUME ALL RISK OF PARTICIPATING IN THE EVENT, INCLUDING ALL RISKS RESULTING FROM THE ACTION, INACTION, FAULT OR NEGLIGENCE OF ANY RELEASED PARTY.
2. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my judgment and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
3. I WAIVE, RELEASE, AND FOREVER DISCHARGE Event Producer, event sponsors, event organizers, event promoters, event producers, race directors, event officials, event staff, advertisers, property owners, volunteers, administrators, contractors, vendors, volunteers, all other persons or entities involved with the Event, and all state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the "Released Parties"), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and noneconomic), and causes of action, of any kind or any nature, which I have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in the Event or my traveling to or from the Event, including my death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, Claims relating to the provision of bicycle technical or mechanical services, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere), and any Claims for medical or hospital expenses. THE FOREGOING WAIVER, RELEASE AND DISCHARGE EXPRESSLY INCLUDES ANY AND ALL CLAIMS RESULTING FROM THE ACTION, INACTION, FAULT OR NEGLIGENCE OF ANY RELEASED PARTY.
4. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO DEFEND, INDEMNIFY and HOLD HARMLESS, the Released Parties from any and all expenses incurred, Claims made by me or other individuals or entities, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys' fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the Event’s rules and regulations or the instructions of the Event Producer or of any event organizers, event producers, race directors, event officials, event staff, or volunteers (collectively, “Rules”), and/or my actions or inactions which cause injury or damage to any other person. THE FOREGOING AGREEMENT TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES EXPRESSLY INCLUDES AND APPLIES TO ANY AND ALL CLAIMS RESULTING FROM THE ACTION, INACTION, FAULT OR NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING ANY INDEMNITEE.
5. I agree to read and abide by the Rules, as they may be amended from time to time. I agree that prior to participating in the Event I will inspect the race course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the Event officials. I also agree that I will obey all traffic laws that I encounter during my participation in the Event.
6. I hereby consent to receive medical care and treatment that may be deemed advisable in the event of injury, accident or illness to me while participating in the Event by a medical director or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital. If necessary, I authorize Event Producer or any of its agents, employees, volunteers, affiliates and designees, any organizer or sponsor of the Event, or any Event volunteer, to consent to such medical care and treatment. I understand that this authorization is given in advance of any specific diagnosis, treatment, or hospital care being required, and is given to provide authority and power to render care which the abovementioned may deem advisable in the exercise of their best judgment. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event not covered by my insurance, including but not limited to medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. Event Producer may provide secondary medical insurance coverage in qualified circumstances. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ALL LIABILITY FOR SUCH COSTS, INCLUDING ALL COSTS RESULTING FROM THE ACTION, INACTION, FAULT OR NEGLIGENCE OF ANY RELEASED PARTY.
7. I authorize and voluntarily consent under the Health Information Portability and Accountability Act (HIPAA) to the release and disclosure of my protected health information, health services provided to me, and/or any health related information about me by a physician, emergency personnel, medical team member or any of the Released Parties for the purposes of diagnosing or providing treatment to me, for payment purposes, coordination of care, and for health care operations, including necessary administrative and business functions related to my protected health information, including but not limited to the release of my protected health information to Event Producer, insurance carriers, medical insurance coordinators, other health care providers, emergency contact provided by me, parents/guardians, and/or hospitals. I understand there is no expiration for this health information disclosure authorization, I have the right to revoke this authorization, unless action has been taken in reliance on this authorization, and that treatment will not be conditioned upon this authorization.
8. I hereby grant to Event Producer the right, permission, and authority to use my name, image, voice, and/or likeness, without compensation, captured during the Event by Event Producer, its affiliated entities or contractors, and/or the media in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Event for any purpose whatsoever.
9. I acknowledge and agree that Event Producer, in its sole discretion, may delay, modify, or cancel the Event for any reason, including if it believes the conditions on the race day are unsafe. In the event the Event is delayed, modified, or cancelled, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Event Producer, there shall be no refund of entry fee or any other costs incurred in connection with the Event.
10. I understand that Event Producer reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify any individual from the Event. Applicant expressly waives any claim for damages arising from the denial or revocation of an entry application exceeding the amount of the entry fee.
11. A legal guardian who signs this Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person and to legally bind Said Person to the Agreement. The legal guardian who signs this Agreement agrees to defend, indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of this Agreement.
12. I expressly consent, understand, and agree that any dispute or claim arising out of, relating to or in connection with this Agreement or my participation in this Event, including but not limited to all questions regarding issues of fault, liability, negligence, contributory negligence, damages, jurisdiction, the existence, scope, validity, performance, interpretation, termination, as well as entitlement to and amount of attorneys’ fees and costs to the prevailing party, shall be determined by binding arbitration as the sole remedy as to all matters in dispute, administered by the American Arbitration Association (AAA) in accordance with applicable arbitration rules as interpreted under the laws of the venue of the Event. An arbitrator(s) acceptable to all parties and knowledgeable in the field and commercial matters shall conduct the arbitration. The venue of any such arbitration shall be Dallas, Texas, United States of America. If any provision of this Agreement shall be deemed unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE (OR WILL BE ON THE DATE OF THE EVENT) OR OLDER, I HAVE READ THIS ENTIRE AGREEMENT, I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT. FOR PERSONS UNDER 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST ALSO SIGN A PAPER WAIVER AT PACKET PICKUP.