Harvest Century RELEASE AND WAIVER OF LIABILITY
For consideration of participation in the Harvest Century event to be held beginning on September 23rd, 2018, I waive and release Events by Axiom, LLC (“EBA”); Axiom Event Productions, LLC (“Axiom”), its directors, officers, administrators, representatives and executors, past and present employees, volunteers, agents, supervisors, participants, all city and state governments, assigns, all sponsors, their representatives and successors and other persons (collectively, the “Releasees”), from any and all claims, liabilities, or causes of action arising out of an injury to me (or my child) and from any and all claims, liabilities, or cause of actions arising from my (or my child’s) participation or attendance in this event.
Inherent and Potential Risks
I understand that Harvest Century involves strenuous physical activity associated with bicycling long distances. I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in Harvest Century relating to the risk of strenuous physical activity, collisions with other riders, or falling off of my bicycle. I acknowledge that I (or my child) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks from contact with other participants and volunteers, negligent or wanton acts of other participants and volunteers, any defects of conditions of road surfaces (including uneven or wet road surfaces or gravel on the road surface), failure of cyclists, vehicles, and non-participants to observe traffic signals or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity.
I acknowledge that my participation in Harvest Century will involve time off of my bicycle where I am still attending the Harvest Century event. I assume all risk for any and all activities in addition to cycling that I (or my child) engage in throughout the entirety of the Harvest Century event, including my (or my child’s) safety from the beginning of Harvest Century to the conclusion of the event.
I agree to dress myself (or my child) appropriately as to mitigate risk of physical injury to myself (or my child) including, but not limited to: wearing shoes appropriate for strenuous cycling involved in Harvest Century; and dressing in conjunction with the weather. I understand that wearing a helmet that satisfies Consumer Product Safety Commission (“CPSC”) standards is a requirement to participate in Harvest Century. I agree to wear a helmet that satisfies CPSC standards for the entirety of my participation in Harvest Century.
I agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after Harvest Century.
I attest that I (or my child) am medically and physically able to participate in Harvest Century. If I experience any doubt as to my (or my child’s) ability to successfully and safely participate in and/or complete Harvest Century, I take full responsibility for consulting a physician. I attest that, if I (or my child) am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or my child) should have or did consult a physician prior to participating in Harvest Century.
I consent to emergency medical care and transportation in the event of injury to me (or my child) as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligent emergency rescue operations.
I am fully aware of the risks connected with participation in Harvest Century, whether specifically listed in this Release or not, and I voluntarily elect to participate in Harvest Century knowing that this participation involves these risks.
Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
In consideration for being permitted to participate in Harvest Century, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:
TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me (or my child), or any loss or damage to property owned by me (or my child), as a result of participating in Harvest Century.
TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my child), or to any property belonging to me (or my child), while participating in Harvest Century including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees.
Acknowledgment and Compliance with Rules
I agree to observe all rules and safety procedures that accompany Harvest Century and to abide by any decision of an event official relative to my (or my child’s) ability to safely participate in the event. I agree to exhibit appropriate behavior at all times and to obey all laws. EBA, Axiom and event officials may dismiss me (or my child), without refund, should my (or my child’s) behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind.
I agree that if any portion of this Release is deemed to be invalid, the remainder of the Release will still be binding and enforceable.
I hereby grant full permission to EBA and Axiom to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of EBA and Axiom. Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of Harvest Century I may take or capture to EBA.
Yamhill County Release
I, the undersigned ("Applicant") have applied to participate in a privately-sponsored event that will use public right of way or public property under the jurisdiction of Yamhill County ("the County"). I am aware that a private sponsor has assumed supervision and control for the duration of the event and that emergency medical services will not be standing by unless provided by the sponsor. I have informed myself as to the level of supervision and control and the type of medical services that will be available. I understand that use of the County's name with the event does not mean that the County will supply any of those services but, instead, the County only has allowed the sponsor to use public right-of-way or public property for the event itself.
The County has not inspected the property and makes no representations whatsoever regarding its condition or fitness for a particular purpose. I understand and agree Yamhill County intends to rely on these representations and my knowledge of the event. In partial consideration of permission for me to enter this event, I hereby hold harmless, WAIVE, RELEASE and covenant not to sue Yamhill County, its officers, employees and agents for myself, my heirs, executors and assigns, for any and all claims that may be legally obtainable for personal or bodily injury or property damage that I may suffer arising out of my participation in this event not caused by solely a wrongful act of Yamhill County. By my signature I certify that I am 18 years of age or older or am the parent or legal guardian of the applicant and make these representations on behalf of my child or ward.