Release and Waiver of Liability, Assumption of risk, Indemnity, and Parental Consent Agreement (“Agreement”)
IN CONSIDERATION of being permitted to participate in bicycling activities that are posted, mapped, circulated, organized, or published in any way by
or on behalf of Team Bubba (individually an “Activity” and collectively “Activities”) I, for myself, my personal representatives, assigns,
heirs, spouse and other related persons:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of bicycling activities and that I am qualified, in good health, and in proper physical
condition to participate in the Activities. I further acknowledge that: (i) the Activities will be conducted over public roads and facilities open to
the public during the Activities and upon which the hazards of traveling are to be expected; (ii) no Releasee (as defined below) will have pre-ridden the
courses over which the Activities will be conducted to identify hazards; (iii) no Releasee will evaluate my skills or fitness or the skills or fitness of
any others participating in an Activity; (iv) no support vehicles or support personnel of any kind will be made available to assist during the Activities;
(v) Releasees will not control or monitor me or others during an Activity; and (vi) it is my responsibility to evaluate weather and other conditions to
determine whether it is safe to participate in an Activity. I further agree and warrant that if, at any time, I believe conditions to be unsafe,
I will immediately discontinue further participation in the Activities.
2. FULLY UNDERSTAND that: (a) the ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH,
AND PROPERTY DAMAGE (collectively, “Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of
others participating in the Activity or of motorists, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE RELEASEES; and (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 INJURY, ILLNESSES, DAMAGES, LOSSES AND COSTS I may incur as a result of my participation in any Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE
Team Bubba, anyone who establishes routes for an Activity or posts or circulates information about an Activity (including, without limitation, Jay Young),
anyone who maps or provides routes in connection with an Activity (including, without limitation, John Wilson), anyone creating, maintaining, updating or
otherwise performing functions in connection with Team Bubba websites or who otherwise publishes an Activity (including, without limitation, Werner Slabber
and Russell Robertson), Activity trip leaders, Activity coordinators, Activity organizers, or Team Bubba sponsors (each of the foregoing being considered
one of the “RELEASEES” herein) FROM ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, OR DAMAGES (collectively, “Liabilities”) ON MY ACCOUNT AT ANY TIME
NOW OR HEREAFTER EXISTING IN CONNECTION WITH INJURIES OR DAMAGES SUFFERED OR ALLEGED TO BE SUFFERED DURING AN ACTIVITY IN WHOLE OR IN PART BECAUSE OF THE
NEGLIGENCE OF THE RELEASEES, BECAUSE OF THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN THE ACTIVITY OR OF MOTORISTS, 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
I, or anyone on my behalf, makes a claim against any of the Releasees in connection with injuries or damages suffered or alleged to have been suffered
during an Activity, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorneys’ fees, loss, liability, damage,
or cost which any Releasee may incur as the result of such claim. The foregoing release and indemnity does not apply with respect to Liabilities to
which a particular Releasee may otherwise be subject solely as a result of that Releasee’s negligence as a cyclist participating in an Activity —
in other words, a Releasee shall have the same liability (if any) other cyclists participating in an Activity have to each other solely as participating
cyclists all as provided under applicable law including under negligence, assumption of risk, and other legal doctrines.
I AM 18 YEARS OF AGE OR OLDER,
HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, HAVE ELECTED VOLUNTARILY AND WITHOUT ANY INDUCEMENT
OR ASSURANCE OF ANY NATURE BY PARTICIPATING IN AN ACTIVITY AND REGARDLESS OF WHETHER I SIGN THIS AGREEMENT TO BE BOUND BY THE TERMS OF THIS
AGREEMENT, AND INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITIES TO THE GREATEST EXTENT ALLOWED BY LAW.
I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. IF ANY
PROVISION WOULD OTHERWISE BE INVALID, THAT PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY SO AS TO BE VALID AND SHALL BE ENFORCEABLE
AS SO MODIFIED.