TO REGISTER AND PARTICIPATE IN THIS CYCLING EVENT, I MUST READ AND AGREE TO THE FOLLOWING RELEASE OF LIABILITY AND WAIVER OF RIGHTS.
READ CAREFULLY. This is my CONTRACT for Release of Liability and Waiver of Rights. I am encouraged to obtain the advice of legal counsel before signing and agreeing to this Contract.
EVENT REGISTRATION AND RELEASE OF LIABILITY AND WAIVER OF RIGHTS
BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., AN ARIZONA NON-PROFIT CORPORATION (“Sponsor”).
Activity: Tour de Scottsdale
Date of Activity: April 13, 2024
1. Authority to Register and/or to Act as Agent. I REPRESENT AND WARRANT to Sponsor that I have full legal authority to complete this Event Registration and Release of Liability and Waiver of Rights (“Release and Waiver”), including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if I am registering third parties, I represent and warrant that I have been duly authorized to act as agent on behalf of such parties in performing this Release and Waiver. By proceeding with this Release and Wavier, I agree that the terms of this document and registration agreement shall apply equally to me and to any third parties for whom I am acting as authorized agent.
2. Compliance with Children’s Online Privacy Protection Act (“COPPA”). I represent and warrant that, in compliance with COPPA, I am over thirteen (13) years of age, and if I am registering a child under fourteen (14) years of age, I am the parent and/or guardian of such child and do hereby consent to the collection of such child’s personal information by Sponsor.
3. Consent to Participate. I desire to participate in the activity described above (the “Activity”) including, without limitation, to ride my bicycle, whether the bicycle is owned by Sponsor, me, or any other party, or otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. In consideration of being permitted to participate in the Activity and in recognition of the Sponsor’s reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”), including all the Covenants and Agreements listed in this Release and Waiver (“Covenants and Agreements”).
4. Limitation of Liability; Disclaimer of Warranties. SPONSOR AND RELEASEES (DEFINED HEREIN) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE SPONSOR’S AND ITS REGISTRATION WEBSITE; (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH SPONSOR; OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF SPONSOR’S AND ITS REGISTRATION WEBSITE IS AT YOUR SOLE RISK. SPONSOR’S AND ITS REGISTRATION WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR AND RELEASEES (DEFINED HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Sponsor makes no warranty that its website services will be uninterrupted, secure, or error free. Sponsor does not guarantee the accuracy or completeness of any information in, or provided in connection with, its website. Sponsor is NOT responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of Sponsor’s website is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
1. ASSUMPTION OF RISKS. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I acknowledge and agree that this athletic event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and/or property loss. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. Indeed, I understand and agree that cyclists have accidents and may crash. Crashing in this cycling event may result in property loss, serious injury, and even death. Furthermore, this event uses open public roads which may or may not be maintained by cities, the county, and the state. The course also utilizes roads that are open to vehicular traffic. I agree and understand that Releasees (defined herein) are not responsible for the condition and/or maintenance of the roads or for vehicular traffic. ROAD HAZARDS are always possible, and in agreeing to this Release and Waiver, I acknowledge and understand that I must be alert at all times to avoid any ROAD HAZARDS which may include, but are not limited to potholes, uneven pavement, road debris, motor vehicles, unexpected construction, etc.
The RISKS of participating in this event include, but are not limited to, those mentioned above, and those caused by other cyclists, road hazards, terrain, facilities, temperature, weather, condition of participants and their equipment, vehicular traffic, road conditions, traffic control cones and devices, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, event monitors, and/or producers of the event, and lack of hydration. These RISKS may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, route, road, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time.
I hereby assume all of the risks of participating in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them or because of their possible liability without fault. Nonetheless, I understand, and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
1. Certification of Fitness and Desire to Participate. I CERTIFY that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical person. I CERTIFY that I will properly wear a CPSC approved bicycle helmet. I understand and CERTIFY that I must obey all laws of the State of Arizona that may apply to my activities during this event, especially traffic laws. I acknowledge and agree that all traffic signals, devices, and other traffic rules (collectively, “Traffic Laws”) apply to me during this event, and I will obey all Traffic Laws unless instructed to the contrary by a law enforcement official. Tour de Scottsdale finishes at 2:00 p.m. Tucson time on ride day, at which time all course support will be closed. In signing this Release and Waiver, I agree to be totally responsible for my own safety and support at all times including after 2:00 p.m. on ride day.
2. Acknowledgment of RELEASE AND WAIVER. I acknowledge that this Release and Waiver will be used by the event holders, underwriters, and organizers in which I may participate and that it will govern my actions and responsibilities at said events.
In consideration of my application and permitting me to participate in this event and related activities, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: 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: Perimeter Bicycling Association of America, Inc., McDowell Sonoran Conservancy, HonorHealth and all sponsors, and any and all governmental and tribal agencies and any and all event holders, event producers, event organizers, event underwriters, event beneficiaries, event directors, event volunteers, and each of their respective directors, officers, employees, volunteers, representatives, agents, contractors, successors, and assigns (collectively, the “Releasees”).
Without limiting the foregoing and as further clarification, this Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse/significant other, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations (“Applicable Law”). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.
1. Consent to Medical Treatment and Responsible for Medical Costs. I hereby CONSENT to receive MEDICAL treatment that may be deemed advisable in the event of injury, accident, illness, or medical emergency resulting from or in connection with my participation in the Activity. I further understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Releasees from any claim based on such treatment or other medical services.
2. Indemnification. I AGREE to DEFEND, INDEMNIFY, and HOLD HARMLESS, and REIMBURSE each of Releasees from ALL damages, claims, losses, costs, expenses, or demands (including reasonable attorneys’ fees), made by any third party due to or arising out of my use of www.perimeterbicycling.com, my participation in this event, or the violation of any term of this Release and Waiver or Sponsor’s Terms of Service by me or incurred by Releasees or paid by them to any person (including me or my insurers) related to any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Releasees if anyone makes a claim against them in connection with my participation in the Activity including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
3. Covenant Not To Sue. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Releasees, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Releasees responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of Releasees.
4. No Aero-Bars. I understand that aero-type and other similar auxiliary handlebars are PROHIBITED in this event and that utilizing such bars may result in disqualification from the event and that there will NOT be a refund of any kind.
5. Event Rules. I understand that I must familiarize myself with the rules of this event and violation of any rule may result in disqualification or time penalty.
6. Personal Belongings. I understand that I am completely responsible for all my personal items including, but not limited to, cameras, cell/mobile phones, clothing, bicycles, etc., and that I shall not leave them with any staff, volunteer, or official.
7. Packet Pick-Up. I understand that I am required to personally pick up my own event packet and timing device/chip for this event at the EXPO / PACKET PICK UP location described by Sponsor. I understand that I must show a picture ID to receive my packet and timing chip. If I supply my Registration Confirmation a friend or family member may pick up my Ride Packet.
8. Timing Device/Chip. I understand that I will receive a “chip” (transponder) to be affixed on my body and mounted on my bicycle during the event so that a finish time can be electronically recorded for me. I understand that I am fully responsible for mounting this device properly on my bicycle per the instructions given with the device and that if I do not mount the device properly, no time will be recorded for me. Further, I understand that my time is recorded as both “gun time” and “chip time,” i.e., my time begins with the “starting gun” not when I cross the start line. Placement at event will be solely determined by “gun time.”
9. No Refunds / No Transfers. I understand that ALL amounts paid and contributions paid to Sponsor are NOT REFUNDABLE and are NOT TRANSFERABLE to any person or towards any other event. Rider numbers assigned for the event are NOT TRANSFERABLE to another person or event.
10. Applicable Law / Consent to Jurisdiction. Sponsor’s sites (excluding linked sites) are controlled by Sponsor from its offices within the State of Arizona, United States of America. By completing this event registration, both I and Sponsor agree that the statutes and laws of the State of Arizona, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Release and Waiver, or other use of Sponsor’s sites. I AGREE that exclusive jurisdiction for any dispute with Releasees resides in the courts of the State of Arizona, and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any dispute including any claim involving Releasees. I AGREE that venue shall be exclusively in Maricopa County, Arizona.
11. Severability. If any provision of this Release and Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and Waiver and shall not affect the validity and enforceability of any remaining provisions.
12. Publicity Release. I understand that at this event or related activities, I may be photographed or recorded in some way. I hereby AGREE to allow my photo, recording, video, or film likeness to be used for any legitimate purpose by the Releasees for any publicity without further compensation or permission.
I understand that going forward with registration for this event and paying all or a portion of the required fees indicates my understanding of, and agreement to, this Release and Waiver, and the terms and conditions herein.
I HAVE READ THIS RELEASE AND WAIVER, I FULLY UNDERSTAND ALL THE TERMS, I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE THE RELEASEES BY SIGNING THIS RELEASE AND WAIVER, AND I HAVE SIGNED THIS RELEASE AND WAIVER FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS, AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF RELEASEES IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY INCLUDING, WITHOUT LIMITATION, TO RIDE ANY VEHICLE PROVIDED BY ME, SPONSOR, OR OTHER PARTIES.