New Holland Bicycle Race, LLC registration, release and waiver of liability, assumption of risk and indemnity agreement.
Please read this document carefully before registration with a credit or debit card which by doing so will mean you have accepted and acknowledged this agreement . This document has legal consequences and will affect your legal rights and will limit or eliminate your ability to bring future legal actions.
In consideration of being permitted by New Holland Bicycle Race, LLC to participate in this cycling or running event “New Holland Bicycle Race, LLC” (“Event”) including related programs (the Nightmare Tour, the Adamstown Dirty Dozen Hill Climb, 5K and 10K From Hell,Trail run in water, 10 & 5 mile Trail Run, Trail Run in Safe Habor under Power Lines, Special 13 & 26 mile Trail Run and Valley Trail Run 14 miles, Welsh Mtn. 15k/30k ), I understand and acknowledge that by paying with a credit or debit card that I am legally agreeing to the statements in the following : New Holland Bicycle Race Event registration, release and waiver of liability, assumption of risk and indemnity agreement.
I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs next of kin , and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT. I FULLY UNDERSTAND THIS EVENT INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS“). These “risks” and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Event, the conditions in which the Event takes place or THE NEGLIGENCE OF THE RELEASEES NAMED BELOW; there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSS either not know to myself, not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH “RISKS” AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGE I incur as result of my participation in the Event.
I certify that I am physically fit, have sufficiently trained and prepared for this Event and have not been advised otherwise by a qualified medical person or other healthcare provider. I have no physical or medical condition that would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event. I acknowledge that this athletic Event is an extreme test of a person’s physical and mental limits and carriess 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, condition of athletes, lack of hydration, equipment, vehicular traffic, actions of other people including, but not limited to, participates, 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 hereby assume all of the risks of participating and/or volunteering in this Event.
In consideration of my application and permitting me to participate in this Event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(I) Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my traveling to and from this Event. The FOLLOWING ENTITIES OR PERSONS: New Holland Bicycle Race, LLC, Paul Gregg, their directors, officers, employees, volunteers, coaches, representatives and agents, the Event holders, Event sponsors, Event directors, Event volunteers, all state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, share holders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (Released Parties);
(II) Indemnify and hold harmless the entities or persons mentioned in the above Released Parties from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during this Event.
(III) I further covenant and agree not to sue any of the Released Parties for any of the claims that I have waived, released or discharged herein.
(IV) For the Running Events-- If I the runner break any laws willingly or unwillingly because of participating in these events, I the runner will indemify and leave harmless the promoter, the New Holland Bicycle Race LLC volunteers, private properties owners, utility companies and pipline/logistics companies and related construction companies.
3. Medical Treatment
I hereby authorize New Holland Bicycle Race, LLC or any of its agents, employees, volunteers, affiliates and designees, any organizer or sponsor of the Event, or any Event volunteer, to consent for me to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this Event by any of its agents, employees, volunteers, affiliates and designees, paramedic or ambulance crew, a physician and/or hospital. I understand that this authorization is given in advance of any specific diagnosis, treatment or hospital care which the above mentioned may deem advisable in the exercise of their best judgment. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays and physician and pharmaceutical goods and service. I agree to abide by any decision on any race (event) official as to my ability to safely complete the Event.
4. Event Rules
I have read, understand, and agree to abide by the rules of the Event. New Holland Bicycle Race, LLC reserves the right to change the rules of the Event at its sole discretion. I know that MP3 or similar music players are not allowed on this Event. I certify that my bike is properly maintained and equipped for the Event and that I will only use a bike or running equipment that is within the Event rules.
I also understand that at these Events or related activities that I may be photographed, filmed and/or videotaped. I agree to allow my name, photo, video or film likeness to be used for any legitimate purpose by Event holders, producers, sponsors, organizers and assigns.
I (rider/runner/hiker) will not make statements via blogs, podcasts, social media or any other form of communication that is negative or critical (also incite other comments from other persons with private or public emails about said events) as construed by officers of the New Holland Bicycle Race LLC about any event run by officers or race directors of New Holland Bicycle Race LLC. If I (rider/ runner/hiker) makes said statements forementioned I (rider or runner) will pay New Holland Bicycle Race LLC $ 5,000,000 plus pay all court and legal costs associated with said action. I (rider/runner/hiker) also agree that if I do not pay the above mentioned amount and I (rider/ runner/hiker) file for bankruptcy, any amount paid in distribution of the proceeds of bankruptcy to New Holland Bicycle Race LLC, the balance not paid will be reinstated after the settlement of bankruptcy and installment terms of payment will be made as dictated by the New Holland Bicycle Race LLC.
I (rider/runner/hiker) will remove all negative comments from all forms of formentioned communication above. Remove the comments and information within 12 hrs and post that I (rider/runner/hiker) was wrong and inaccurate in depicting the New Holland Bicycle Race LLC and all or any of the events, officers or race directors and I (rider/ runner/hiker) will apologize in all media formentioned for 1 year of visiability.
I understand that New Holland Bicycle Race, LLC reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify an individual from the Event. Applicant expressly waives any claim for damages arising from the denial or revocation of an entry application exceeding the amount of the entry fee and in addition the entry fee will not be refunded.
I acknowledge and agree that New Holland Bicycle Race, LLC in its sole discretion, may delay, modify, or cancel the Event if it believes the conditions on the event day are unsafe. In the event the Event is delayed, modified or cancelled for any reason including but not limited to acts of God or the elements (including, without limitation, wind, fog, rain, hail, hurricane, tornado, earthquake, ) acts of terrorism, fire , threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, avoidable casualty, race course conditions, or any other cause beyond the control of New Holland Bicycle Race, LLC there shall be no refund of New Holland Bicycle Race, LLC entry fee or any other costs incurred in connection with the Event.
I acknowledge that this Accident Waiver and Release of Liability (AWRL) form will be used by the Event holders, sponsors and organizers in any event in which I participate and that it will govern my actions at said events. It is further understood and agreed that this waiver, release and assumption of risk is to be binding on my heirs and assigns. This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I certify that I have read this document and I understand its content.
If you (rider/ runner/hiker) or your heirs or anyone on your behalf file a lawsuit against (after making a contractual agreement by doing so by registering in any event we run) New Holland Bicycle Race LLC, it's members and officers, workers, volunteers, site owners of property provided for the event, parties associated or affiliated, medical assistance or aid of any kind, municipal workers, and anyone offering supplies, vending services, advertising or products and not limited to anyone above mentioned that you (rider / runner/hiker) or your estate are legally bound to pay New Holland Bicycle Race LLC five million US Dollars ($5,000,000) plus the cost of legal and court costs payable upon you (rider/runner/hiker) or your estate or heirs or anyone filing on behalf a legal suit against above mentioned parties.
I HEREBY AFFIRM THAT I AM TWENTY- ONE (21) years of age or older, I have read this Agreement, I understand its content, and intentionally and voluntarily accept and agree with this agreement by registration and paying by credit or debit card or signing a paper waiver or a parental waiver.