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RELEASE/ASSUMPTION OF RISK/CONSENT
2020 French Creek Iron Tour
This is a legal document. It applies to both the June 2020 “virtual” French Creek Iron Tour and any subsequent 2020 Iron Tour in any other format that may be scheduled (both of which, unless otherwise indicated, are referred to as the “Iron Tour”). Please read this document carefully before agreeing to it.
In consideration for my receipt of and right to use information that will enable me to participate in the June 2020 French Creek Iron Tour, in consideration of my right to participate in any other 2020 Iron Tour, and in exchange for all other consideration provided to me, the sufficiency of which is agreed:
a. On behalf of myself, my heirs, executors, administrators and legal representatives (including successors) I acknowledge that I am aware of all of the risks associated with events of this type (as set forth in more detail below), and I completely and expressly assume all of the risks related to my participation in the Iron Tour, known or unknown.
b. On behalf of myself, my heirs, executors, administrators and legal representatives (including successors), I waive, release and discharge the Released Parties (defined below) from and against any and all known or unknown rights and/or claims which I have, may have, or may hereafter have for any and all damages, injuries, claims, losses or expenses directly or indirectly arising out of my participation in the Iron Tour. The “Released Parties” shall include the French & Pickering Creeks Conservation Trust, Inc. and its agents, employees, owners, officers, directors, contractors, volunteers, and affiliated persons and entities (jointly, “Trust”), as well as (1) the sponsors, donors, promoters, organizers, volunteers, and supporting persons and organizations of the Iron Tour, (2) all rest stop hosts and locations, including, without limitation, Kimberton Fire Company, Wyndsor Farm, Inc., Wyndsor Farm Properties LLC,, Vincent Meeting House, Hopewell Furnace National Historic Site, Valley Forge National Park, Hibernia Park, Warwick Furnace Farm, Great Marsh Institute, Coventry Woods, Valley Forge University, French Creek State Park, Schuylkill River Trail and the Owen J. Roberts School District, (3) all other involved property owners and/or involved municipalities or governmental entities, and (4) all of the agents, employees, owners, officers, directors, contractors, volunteers, and affiliates of each of the foregoing. All of the persons, entities and organizations described in subparagraphs (1), (2), (3) and (4) are jointly referred to herein as “Iron Tour Supporters”.
I understand and assume all risks arising from the dangers of bicycling and participating in the Iron Tour including, but not limited to, collision with pedestrians, vehicles, other riders, and/or fixed or moving objects; the negligence of other riders, the Trust, or Iron Tour Supporters; the dangers arising from falls, road and route surfaces (including gravel, grass, sand, pavement and other surface and route conditions); debris on the route; conditions in the route surface which may pose danger (storm grates, bumps, potholes, cracks, etc.); equipment failure, inadequate safety equipment; weather conditions; and any other undefined harm or danger, as well as the possibility of physical and/or mental trauma, injury, death or property damage.
I understand and assume all risks arising from the fact that any Iron Tour route I may choose may not be the safest possible, but has been chosen for its interest or challenge, and I have personally selected the ride type and length best suited to my abilities. I understand and assume all risks arising from the fact that any Iron Tour route I may choose, or other route I may choose, requires bicycling on public roadways, private or government lands, gravel or other unpaved surfaces and possibly in changing or bad weather. I understand that if I participate in a non-virtual Iron Tour and leave the Kimberton Fire Company Fairgrounds or other designated starting point before or after the time period designated for the course I have selected, support on the course may not be available, and/or if I leave the designated route, I am no longer on the Iron Tour. I accept responsibility for and assume all risks arising from the condition and adequacy of my bicycle and equipment, the condition and adequacy of the Iron Tour routes and any other roads or trails I may choose to ride on, and all aspects of my behavior while engaged in the Iron Tour. I understand and assume all risks arising from the fact that cyclists have at other such events been hospitalized and/or killed because of traffic or other mishaps that were either their responsibility or the responsibility of others. Without limitation, I further agree that I will be solely responsible for all accidents, incidents, costs, damages or liabilities arising out of or relating to the Iron Tour and my participation therein.
I realize that the Iron Tour requires physical conditioning and I represent that I am in sound medical condition. I have no physical or medical impediment which would endanger others or myself.
I understand and agree that a situation may arise during my participation in the Iron Tour which may be beyond the control of the Trust or the Iron Tour Supporters, and I assume all risks arising out of or related thereto.
I understand and agree that the June 2020 Iron Tour is a “virtual” bicycle ride, and includes only information about certain Iron Tour routes; that the Iron Tour routes have not been inspected or marked, and no assurance of suitability or safety has been provided; that the June 2020 Iron Tour includes no SAG, rest stop, food, drink, guidance, supervision, or other support of any kind; and that the Trust and Iron Tour Supporters are not in any way participating in, managing, controlling, endorsing, or otherwise warranting or representing any aspect of the June 2020 Iron Tour. I agree to assume all risks, known and unknown, arising out of my participation in the June 2020 Iron Tour.
I agree to ride so as not to endanger others or myself. I will at all times while riding wear a CPSC, ASTM or SNELL certified helmet during the Iron Tour. I will obey all Pennsylvania traffic laws and regulations. I will not wear or use any equipment which impairs my ability to see or hear while I am riding in the Iron Tour.
I agree that any photograph, video, film and/or voice recording of me that arises from, references or is related to my participation in the Iron Tour, whether created by or on behalf of the Trust, or by me or anyone on my behalf, or whether posted on social media, may be used in promoting or advertising the Trust and/or the Iron Tour with no compensation due.
The above agreements and representations are my express understandings of the risks and I assume these voluntarily and freely without coercion or duress. This RELEASE/ASSUMPTION OF RISK/CONSENT may not be modified orally and may not be waived or revoked in any respect. This RELEASE/ ASSUMPTION OF RISK/CONSENT is governed by the law of Pennsylvania and constitutes an enforceable release of liability and assumption of risk that is as broad and inclusive as the law of Pennsylvania allows. If any portion of this RELEASE/ASSUMPTION OF RISK/CONSENT shall be found to be unenforceable or invalid then the remainder shall remain in full force and effect. I hereby certify that I am 18 years of age or older and the named registrant, and I understand and agree to all of the above. Alternatively, I certify that I am the parent/legal guardian of the identified minor under 18 years of age or the legal guardian of the identified incapacitated and/or mentally challenged person, I represent that I am entitled to agree to this RELEASE/ ASSUMPTION OF RISK/CONSENT on such person’s behalf, and I understand and agree to all of the above on behalf of such person.
I AGREE THAT MY ASSENT TO THIS DOCUMENT AS PART OF THE REGISTRATION PROCESS WILL SERVE AS THE EQUIVALENT OF MY SIGNATURE.