RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT
FOR Cactus Cycling Club of Tucson
IN CONSIDERATION of being permitted to participate in any way in Cactus Cycling Club of Tucson, Inc. ("Club") sponsored
Bicycling Activities ("Activity") I, for myself, my personal representatives, assigns, heirs, and next of kin:
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 such Activity. I further acknowledge that the Activity will be conducted
over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be
expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further
participation in the Activity.
2. FULLY UNDERSTAND that: (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF (i) SERIOUS BODILY INJURY,
INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH, AND (ii) EXPOSURE TO COMMUNICABLE DISEASES INCLUDING,
BUT NOT LIMITED TO, COVID-19 (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, the conditions in which the Activity takes place, or THE
NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (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 LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, its respective administrators, directors,
agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners
and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL
LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN
PART BY THE NEGLIGENCE OF THE "RELEASEES" 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, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF
THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of
such claim.
4. Additionally, I irrevocably grant and license to Club and its 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 any Club activity without compensation, for all purposes related to any Club Activity.
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 BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY
INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL
LIABILITY 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.
Dated Thursday, December 26, 2024