Event Name: _All Property Access and Events for 2024 Event/Series Date(s)___All of Calendar year of 2024
General Assumption of Risk, Release of Liability, Covenant Not to Sue and Indemnity Agreement
In consideration of Travis Spalding allowing me to participate in an or any event located upon his property located at 405 The Forest Road, Dale, Texas and all activities related to or connected with an event, including travel to and from an event (collectively an “Event”), whether as a runner, hiker, walking, swimmer, rider, official coach, mechanic, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs, and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agrees as follows:
Assumption of Risk. I am aware that running, cycling, hiking, one-wheeling, and/or participation in any event or activity involves inherent risks, including but not limited to collisions with pedestrians, vehicles, special mobile equipment, buildings; flora and fauna to include cacti, poisonous plants, ants, scorpions, variety of venomous snakes, wild dogs, coyotes, predatory cats; other participants; exotic animals to include wild capture herbivores; and fixed or moving objects; imperfect course conditions; surface hazards, including potholes, mud, dust, gravel, rocks, stumps, grass, hidden hazards in grassy areas; equipment failure; inadequate safety equipment; use of equipment or materials provided to me by others; those associated with man-made and natural jumps; sickness or disease (including communicable disease); and weather conditions. I fully understand that participating in an Event is an extreme test of a person’s physical and mental limits and may involve the risk of serious injury or death, economic loss, property damage or loss that may result from my actions, inactions or negligence, and also from the actions, inactions or negligence of others.
- Release of Liability. I hereby forever release, waive, and discharge Travis Spalding and each of their respective officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, sponsors and affiliates as well as the UCI, USAC, TMBRA, NABRA, NICA, EnduraRace LLC, photographers, sponsors, organizers, property owners, law enforcement agencies, local governments, and other public entities, connected with an Event, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any claims that may arise out of or are related to my participation in an Event, including claims arising from the ordinary negligence of Releasees.
- Covenant Not to Sue and Indemnity Agreement. I will not make any claim against releasees for injury, damage, death, or any other loss arising from or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any actions, causes of actions, claims, charges, demands, losses, damages, costs, attorney’s fees, judgements, liens, indebtedness, and liabilities of every kind, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in the Event.
- I represent that I am in good health and proper physical condition to participate in an Event safely. I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my well-being at all times while participating in an Event. If I suffer any injury related to or arising from an Event, I consent to the release of my name and medical information by any third party to Releasees and their insurance carriers.
- Rules; Regulations; Equipment. I agree to be familiar with and abide by the rules and regulations established for an Event. I also agree that I am subject to, and shall abide by, the competitive rules, regulations, policies, or Code of Conduct adopted by Travis Spalding as amended from time to time and published in any Event announcement. I agree to be familiar with the Event parameters. I agree to ride, run, hike, one-wheel, walk, or otherwise participate to neither endanger myself nor others.
I accept the responsibility for the condition and adequacy of my equipment and any equipment provided by others for my use. I will wear a helmet that complies with EnduraRace LLC, USAC, UCI, TMBRA rules and regulations, and I assume all responsibility for the selection of such a helmet.
- Use of Information. I understand that Travis Spalding or EnduraRace LLC may collect or receive my contact information in connection with this agreement, and use it to administer this agreement and for marketing purposes. I further acknowledge, agree and consent that (a) Travis Spalding and his designees may share this information with third parties who need access to this information to perform services on Travis Spalding’s behalf. (b) Travis Spalding may also share this information with select marketing partners, and (c) Travis Spalding and his select marketing partners may use this information to contact me with information and offers believed to be of interest to me.
- Media Grant. I irrevocably grant and license to Travis Spalding and his affiliates, the right to capture and use my image, likeness, name, voice, comments, or other proprietary or public rights in any broadcast, telecast, photograph, video, or audio sound recording taken in connection with an Event, without compensation, for all purposes, including any commercial use so long as such use does not imply my endorsement of any company, product, or service.
- Governing Law; Jurisdiction; Severability. This agreement shall be governed by and construed under the laws of Texas, without regard to its choice of law rules. Any legal suit, action, or proceeding arising out of relating to this agreement shall be instituted in the federal court located in Austin, Texas, or state courts located in Austin and Travis County. Each party irrevocably submits to the exclusive jurisdiction of such courts in any suit, action or proceeding. If any provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such as invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or invalidate or render unenforceable any other provision in any jurisdiction.
I have carefully read the preceding and understand its terms. I attest that I am 18 years of age or older (19 if in Alabama). I know that I am giving up substantial rights, including any right to sue Releasees for injuries resulting from the inherent risks of cycling, running, hiking, walking, one-wheeling, or other activities and the ordinary negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily. I intend my signature to be a complete and unconditional release of all liability to the greatest extent permitted by law.