WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
(Read Carefully Before Signing)
IN CONSIDERATION of being allowed to participate in any way in the "Colorado 500 Motorcycle Event" I agree:
1. I hereby release, discharge, covenant not to sue, hold harmless, indemnify, and waive all rights against the persons described in paragraph 9 below from all claims for all loss, cost, damage, death or personal injury to me or my property, in any way resulting from the Colorado 500 Motorcycle Event or any related activities or events (hereinafter referred to as the “EVENT”), from any cause whatsoever, even if caused in whole or in part, by the negligence of any of the persons hereby being released or the negligence of any other person.
2. I expressly acknowledge and agree that the released persons are hereby released of all such liability whether rising from their own negligence (whether active or passive), act or omission (past, present, or future and to whatever degree), or arising from any doctrine of strict liability, implied warranty or product liability. This Release Agreement is intended to be as broad and inclusive as permitted by law and that if any portion is held invalid, the remaining provisions shall continue in full legal force and effect.
3. I acknowledge and agree that there are no implied warranties of merchantability or fitness for a particular purpose or any other warranties, express, or implied, applicable to any motorcycle, chase or support vehicle, parts, equipment, accessories, instruments, components, or other products or goods used in any manner whatever in or related to the “EVENT” regardless of the source of such goods. I hereby waive all remedies, warranties, guaranties or liabilities, express or implied, arising by law or otherwise, including all consequential damage, whether or not occasioned by the negligence of the supplier of such goods or any other person, on account of death or injury to person or property caused by or resulting from the manufacture, construction design, formula, development of standards, preparation, processing, assembly, inspection, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any such product or component of a product.
4. I understand and agree that, although I have been supplied with certain information on the suggested route, the nature of the “EVENT” does not practically provide the opportunity to inspect the suggested route or the immediately adjacent areas which I may come in contact with during the “EVENT”, prior to the “EVENT”.
5. I understand and agree that, if at any time I feel anything to be unsafe, I will immediately take all necessary precautions to avoid the unsafe area(s) and will refuse to participate further in the “Event”.
6. I understand and agree that:
a) Participation in the “EVENT” involves risks and dangers (as does any vehicular activity) of property damage and/or serious bodily injury, including temporary or permanent disability, paralysis, and death (Risks).
b) The social and economic losses and/or damages which could result from those Risks and damages could be severe.
c) These RISKS and dangers may be caused by my own action (s), or inaction (s), the action (s) or inaction (of others, the rules of the “EVENT”, the condition and layout of the suggested route, or the negligence of the persons described in paragraph 9 below.
7. I expressly acknowledge that the terrain covered during the “EVENT” ranges from easy to extremely difficult and that special riding and driving skills and physical endurance are necessary. I expressly represent that I possess these necessary skills and physical endurance. I consent to any and all medical aid and transportation in case of injury and will bear the cost of such aid and transportation.
8. I recognize that this “EVENT” consists of six days, the first day being for registration motorcycle/rider preparation, the next five days consisting of both on and off road riding.
9. The persons released are the “EVENT” hosts, sponsors, officials, volunteers, medical personnel, advertisers, and each of them, their respective officers, directors, agents and employees.
10. This Release agreement shall be valid and fully applicable against me, my personal representatives, administrators, guardians, conservators, heirs, next of kin, spouse, successors, and assigns.
11. I hereby grant permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos become the property of the “EVENT”.
12. I do hereby agree that this agreement shall extend to future claims about which I do not know; which, if known at the time of signing this agreement, would have or could have affected the decision to execute this agreement.
13. I agree to indemnify the released persons for any loss, cost or damage they may suffer/incur resulting from my action or in action during the “EVENT”, and/or any loss, cost or damage they may suffer/incur in defending the validity and/or effect of this agreement. I agree that in addition to any loss, cost or damage they may suffer/incur, I shall be responsible for all attorney fees and costs the released persons may incur in defending the validity of this release or in seeking to recover under this agreement.
14. I acknowledge and agree that no oral representations, statements or inducements have been made to me by any of the parties listed in paragraph 9.
15. Venue shall be in the 5th Judicial District. District Court, Eagle, Colorado. This agreement shall be governed and interpreted by the laws of the State of Colorado. .
16. As a further inducement to the Released Persons, I expressly represent, under penalty of my fraudulent misrepresentation:
a) I have been given the opportunity to read this entire Waiver and Release of Liability and Indemnity Agreement.
b) I have read and fully understand this Waiver and Release of Liability and Indemnity Agreement.
c) I fully intend for my signature to constitute a complete and unconditional release of all liability as set forth in this Waiver and Release of Liability and Indemnity Agreement.
d) I freely and willingly consent to this Waiver and Release of Liability and Indemnity Agreement.