2017 Tour de Natchez Trace Waiver and Release
PLEASE READ AND UNDERSTAND THIS LEGAL DOCUMENT BEFORE AGREEING.
2017 TOUR DE NATCHEZ TRACE ASSUMPTION OF RISK, RELEASE, WAIVER, AND INDEMNIFICATION AGREEMENT
In consideration of being granted permission to participate in or volunteer for the 2017 Tour de Natchez Trace athletic event (“Tour”) on May 23-27, 2017, which involves four (4) days of road biking on public roadways by participants, as well as driving of motor vehicles and related activities of volunteers (“Activities”) and may be inherently dangerous with the risk of harm to me, I do hereby acknowledge, accept, and assume the risk of loss and/or damage which may occur during the Tour and do forever release, discharge, and agree to indemnify and hold harmless the Released Parties from and against any and all claims, demands, rights, and causes of action, including negligence, recklessness, or defects in equipment, all costs and expenses, including attorneys’ fees and expenses, and all incidental or consequential damages or damages of any kind whatsoever, which I now have or may have arising out of or related to participation in or volunteering for the Tour, including but not limited to claims for personal injury, loss of consortium, death, and property damage.
I understand and acknowledge that there are inherent risks of personal injury, death, and property damage while participating in the Activities that are the subject of this Agreement, including the inherent risks associated with an athletic event such as the Tour, which is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, lighting conditions, physical condition of athletes, lack of hydration, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, journalists, event officials, event monitors, and/or producers of the event. The risks are not only inherent to athletics but are also present for volunteers and support staff. I agree to abide by any decision of a ride director relative to my ability to safely complete this road race, and I further agree that ride officials may authorize necessary emergency treatment for me. I also understand that police protection may not be provided, and both vehicle traffic and spectators may be present along the course. I assume the risk of riding and/or driving under such conditions, and I further assume any and all other risks associated with participating in the Tour including, but not limited to, illness, traveling to and from the event, falls, contact with spectators or other participants, the effects of weather (including temperature extremes, humidity, rain, lightning, and dark or light conditions), and the surface conditions of the roads, all such risks being known and acknowledged by me. As a condition of my participation, I further agree to abide by all traffic and pedestrian laws and regulations, the Natchez Trace Parkway permit, and understand that my failure to do so may be grounds for disqualification and removal from the event. My participation is voluntary and based on my independent assessment of the risks, without reliance on representations or advice by the Released Parties, their employees, agents, or any other person.
I understand that certain minimum skills, capabilities, physical and mental health, and fitness are required in order to participate in dangerous activities, such as the Activities. I warrant that I possess these skills, capabilities, training, and other physical and mental requirements.
I understand that any injuries or damages that I may incur as a result of other participants’ or volunteers’ actions are not the responsibility of the Released Parties.
Medical Aid: I further release the Released Parties from any claim whatsoever on account of any first aid treatment rendered to me as a result of my physical presence and/or my participation in any of the Activities, including, but not limited to, negligence in any rescue operation, or in the event medical care is not provided. I hereby consent to being transported to doctors, clinics, or hospitals as necessary in the event of any injury, and I hereby assume responsibility for all costs incurred by such transportation and treatment. I understand the Activities may take place in remote areas and medical care may be inadequate or unavailable.
For purposes of this Agreement, the term “Released Parties” means individually and collectively: Aegis Sciences Foundation, Aegis Sciences Corporation, Tour race officials and administrators, Natchez Trace Parkway, the National Parks Service, and the respective officers, directors, partners, members, managers, trustees, beneficiaries, agents, owners, contractors, employees, attorneys, successors, heirs and assigns and all persons jointly and severally liable with each of the foregoing, as well as any volunteers, sponsors, suppliers, as well as the agents, contractors, employees, and any other personnel who in any way assist with or are connected to the Tour.
I further hereby authorize Aegis Sciences Foundation to use my image or likeness for ride promotional purposes. I understand, acknowledge, and agree that all ride registration fees are nonrefundable. I acknowledge that I have read the Tour ride bible and agree to abide by all rules, conditions, and provisions contained therein.
I agree and acknowledge that this Agreement is an unconditional, unqualified agreement which includes all claims of every kind, character or nature which I could, may, or might assert, in any and all capacities, in connection with the participation in the Activities, and that this Agreement inures to the benefit of the Released Parties and every person, firm, corporation, or legal entity that is or may be liable for damages arising out of the my participation in the Tour. In any dispute arising out of this Agreement, I agree to pay the attorneys’ fees of the Released Parties and any other beneficiary of the terms of this Agreement. This Agreement will be construed in accordance with the laws of Tennessee.
This Agreement shall be binding upon the undersigned and each of his or her respective parents, spouses, children, next of kin, heirs, executors, administrators, and legal or personal representatives.
I UNDERSTAND THAT I AM FORFEITING IMPORTANT LEGAL RIGHTS AND INCURRING IMPORTANT LEGAL RESPONSIBILITIES BY SIGNING THIS AGREEMENT.
I HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENT. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY, I AM ASSUMING ALL RISK, AND THIS IS A CONTRACT BETWEEN ME AND THE RELEASED PARTIES AND I SIGN IT OF MY OWN FREE WILL.