So this is a meme I made a few years [...]
The following is an actual conversation with an athlete. (Names [...]
For consideration of participation in the Mind Right Endurance event to be held beginning on September 19th, 2020 in Brazoria County, I waive and release Mind Right Endurance, its chapters, directors, officers, administrators, representatives and executors, past and present employees, volunteers, agents, supervisors, participants, all city and state governments, assigns, all sponsors, their representatives and successors and other persons (collectively, the “Releasees”), from any and all claims, liabilities, or causes of action arising out of an injury to me (or my guest(s)) and from any and all claims, liabilities, or cause of actions arising from my (or my guest(s)’s) participation or attendance in this event.
Inherent and Potential Risks
I understand that this event involves strenuous and dangerous physical activity associated with cycling. I understand that physical activity, by its very nature, carries inherent risks. I assume all risks associated with participating in this event relating to the risk of strenuous physical activity, collisions with other riders, or falling off of my bicycle whether on my own or due to poor road conditions, damaged pavement, objects or holes on the road. I acknowledge that I (or my guest(s)) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks from contact with other participants and volunteers, negligent or wanton acts of other participants and volunteers, any defects of conditions of road surfaces (including uneven or wet road surfaces or gravel on the road surface), failure of cyclists, vehicles, and non-participants to observe traffic signals or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity.
I assume all risk for any and all activities in addition to cycling that I (or my guest(s)) engage in throughout the entirety of this event, including my (or my guest(s)’s) safety from the beginning of to the conclusion of this event.
I agree to dress myself (or my guest(s)) appropriately as to mitigate risk of physical injury to myself (or my guest(s)) including, but not limited to: wearing shoes appropriate for strenuous cycling involved in This event; and dressing in conjunction with the weather. I understand that wearing a helmet that satisfies Consumer Product Safety Commission (“CPSC”) standards is a requirement to participate in this event. I agree to wear a helmet that satisfies CPSC standards for the entirety of my participation in this event.
I agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after this event.
Medical Evaluation
I attest that I (or my guest(s)) am medically and physically able to participate in this event. If I experience any doubt as to my (or my guest(s)’s) ability to successfully and safely participate in and/or complete This event, I take full responsibility for consulting a physician. I attest that, if I (or my guest(s)) am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or my guest(s)) should have or did consult a physician prior to participating in This event.
I consent to emergency medical care and transportation in the event of injury to me (or my guest(s)) as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligent emergency rescue operations.
Voluntary Participation
I am fully aware of the risks connected with participation in this event, whether specifically listed in this Release or not, and I voluntarily elect to participate in this event knowing that this participation involves these risks.
Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
In consideration for being permitted to participate in this event, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:
TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me (or my guest(s)), or any loss or damage to property owned by me (or my guest(s)), as a result of participating in this event.
TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my guest(s)), or to any property belonging to me (or my guest(s)), while participating in this event including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees.
Acknowledgment and Compliance with Rules
I agree to observe all rules and safety procedures that accompany this event and to abide by any decision of an event official relative to my (or my guest(s)’s) ability to safely participate in the event. I agree to exhibit appropriate behavior at all times and to obey all laws. Mind Right Endurance and event officials may dismiss me (or my guest(s)), without refund, should my (or my guest(s)’s) behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind.
Severability
I agree that if any portion of this Release is deemed to be invalid, the remainder of the Release will still be binding and enforceable.
Photography Release
I hereby grant full permission to Mind Right Endurance to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of Mind Right Endurance. Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of this event I may take or capture to Mind Right Endurance.