Waiver of Liability
ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT
In consideration of the Pueblo Health Challenge and associated challenges and events (such as Bike to Work and Commuter Cup Challenge) (“the Challenge Activities”) involve exercising, walking, running, bicycling and volunteering, the Participant acknowledges and agrees as follows:
Participant freely and voluntarily participates and assumes the risks of participating in the Challenge Activities and assumes full and sole responsibility for any physical injuries, psychological injuries, death, costs, and property damage or loss that Participant may suffer as a result of Participant's presence and participation in Challenge Activities and Events.
The Challenge and any sponsored events or activities and Participant's participation and presence at the same involve a risk of serious physical injury, permanent disability, paralysis, death, psychological injury, and property damage or loss to Participant from various sources, including but not limited to slipping, tripping, falling, uneven, slippery, slick, sandy, greasy and unsmooth surfaces, colliding with other walkers, animal bites, other bicyclists, and motor vehicles, single-bicycle crashes, colliding with structures and objects, and many other sources.
The City, County and its officers, employees, agents, independent contractors, volunteers, sponsoring agencies ("Released Parties") make no representations, promises or guarantees as to the quality, standard, or fitness of the streets, sidewalks, routes, or facilities that will be used during the Challenge Activities for any purpose whatsoever, including but not limited to walking, bicycling, driving motor vehicles, parking, and other Activities and Events.
Participant is solely responsible for his or her own safety and care. The Released Parties do not assume or undertake any duty of care or safety toward Participant, including but not limited to any duty to prevent injury, death, costs, or property damage or loss to Participant, to make the streets, routes, and facilities reasonably safe for Participant's use, or to treat any injuries that Participant may suffer. The Released Parties expressly disclaim any such duty.
Participant represents to the Released Parties that Participant is physically and mentally fit to participate in the event without causing harm to Participant or others.
Participant shall remove himself or herself from any activities, situation, or objects at Challenge Activities that Participant perceives or believes to be dangerous. Participant shall take precautions for his or her own safety based upon and any warnings given to the public in general or to Participant based on signs or warnings from Event staff.
The Released Parties make no representations, promises or guarantees as to the availability, sufficiency, quantity, quality, standard, or fitness of any safety measures that may or may not be present at Challenge Activities, including but not limited to street, sidewalk, and other surfaces, routes, parking lots, traffic controls, parking lines, rules, instruction, lighting, equipment, warning signs, supervision, instruction, first aid, ambulances, and other personnel and devices to promote safety, prevent injuries, or treat injuries.
Participant forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the Released Parties in any court or tribunal, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, costs, or property damage or loss that Participant may suffer, related to or caused by the Released Parties, other persons, or any object, thing, or activity related to the Challenge Activities.
Participant shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, costs, or property damage or loss that Participant may suffer related to or caused by the Released Parties, other persons, the Facility, or any object, thing, or activity related to the Challenge Activities.
Participant shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorneys fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, costs, or property damage or loss that Participant may suffer, related to or caused by the Released Parties, other persons, or any object, thing, or activity related to the Challenge Activities.
This Acknowledgement, Assumption of Risk, Waiver, Release, Covenant Not to Sue, Indemnification, and Agreement shall be binding on Participant and his or her heirs, personal representatives, executors, assigns, guardians, conservators, next friend, and attorneys.
HAVE READ THE FOREGOING ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT. I UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I INITIAL THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION OR INDUCEMENT OTHER THAN THE CONSIDERATION STATED IN THE AGREEMENT.
