BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE KENSINGTON TALMADGE BUSINESS ASSOCIATION aka KENSINGTON BUSINESS ASSOCIATION, a California 501c6 nonprofit business association (“Sponsor”).
Activity: HOLIDAY LIGHTS BIKE RIDEDate of Activity: December 11, 2022
I desire to participate in the activity described above (the “Activity”), including, without limitation, to ride or be a passenger on any bicycle or other participating vehicle, whether the bicycle or vehicle is owned by me, or any other party, or otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity.
*IMPORTANT:Participants may ride bikes with pedals ONLY. No strider bikes or scooters are allowed.Helmets are required for each Participant, no exceptions.The bicycle ride takes place on the public streets of Kensington, not on a closed course. There will be automobiles, SUVs or trucks also present and moving along the route.Your group will be required to be in the family group if any members of your group are ages 8 or under.In consideration of being permitted to participate in the Activity and in recognition of the Sponsor’s reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”), including all the Covenants and Agreements listed in this Release and Waiver which incorporate the Activity Rules (the “Covenants and Agreements”). If I am signing this on behalf of minor children or other person who lacks legal capacity, I agree to all the terms of this Release and Waiver on their behalf, including all the Covenants and Agreements listed in this Release and Waiver which incorporate the Activity Rules.This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable state laws, ordinances, statutes, rules, and regulations (“Applicable Law”). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.
I am the parent or legal guardian of the following persons. I have the legal right to consent to and by signing this Release and Waiver, I hereby do consent to all of its terms on their behalf:
I REPRESENT AND WARRANT:
Please read the RULES below and the Attached Covenants and Agreements before signing.
I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE RULES BELOW, AND THE ATTACHED COVENANTS AND AGREEMENTS), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING, AND HAVE SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF SPONSOR IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, TO DRIVE ANY VEHICLE PROVIDED BY ME, SPONSOR, OR OTHER PARTIES.
I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:
I AGREE TO EACH OF THE RULES ON THE PREVIOUS PAGE. IN ADDITION,
1. ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge Sponsor and its respective directors, officers, managers, members, contractors/employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as “Sponsor”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other liabilities that California law does not permit to be released by agreement.I understand that by signing this release, I am waiving any and all claims of any kind directly or indirectly arising out of or in connection with my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
3. INDEMNITY. I will defend, indemnify, hold harmless, and reimburse Sponsor from and for all damages, losses, costs, or expenses (including legal fees) incurred by Sponsor or paid by them to any person[ (including me or my insurers)] in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise connected with my participation in the Activity, including without limitation any claim related to my own negligence or the ordinary negligence of Sponsor. I will reimburse Sponsor if anyone makes a claim against Sponsor in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties, or property however caused, whether by my own negligence, the ordinary negligence of Sponsor, or otherwise.
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Sponsor, or join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Sponsor responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor.
5. MEDICAL EXPENSES. I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity. I understand that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
6. REPRESENTATIONS. I am over eighteen years of age. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to drive or ride in a vehicle or otherwise participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
7. COVENANTS. I will follow any and all instructions, recommendations, and cautions of Sponsor at all times during the Activity, including, without limitation, in respect of my operation of any vehicle at the Activity or other participation in the Activity. I will comply with all Applicable Laws while participating in the Activity. I will operate all vehicles at the Activity in a safe manner and will observe all traffic laws. I will not operate or be a passenger in any vehicle at the Activity while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which could impair my ability to operate or ride in a vehicle.
8. PUBLICITY. I hereby grant Sponsor, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE SPONSOR.