For participation in the Springville Fat Tire Classic and Springville Apple Run, including any associated adult, youth, and children’s races.
PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration of being permitted to register for, enter, participate in, volunteer at, or otherwise take part in the Springville Fat Tire Classic and/or Springville Apple Run, including any associated adult, youth, or children’s races (individually or collectively, the “Event”), I acknowledge, understand, and agree as follows:
ASSUMPTION OF RISK
I understand that participation in the Event involves inherent and other risks that may result in serious injury, illness, permanent disability, property damage, or death.
These risks include, but are not limited to: falls; collisions with other participants, bicycles, vehicles, spectators, animals, equipment, or objects; uneven, loose, wet, slippery, steep, or otherwise hazardous roads, trails, paths, and terrain; potholes, rocks, gravel, debris, vegetation, and other natural or man-made hazards; motor vehicle traffic; changing weather and environmental conditions; heat, cold, smoke, poor air quality, rain, wind, or other conditions; overexertion, dehydration, illness, or medical emergencies; equipment or mechanical failure; course conditions; actions or negligence of other participants, spectators, volunteers, motorists, property owners, or other third parties; and other risks associated with running, walking, bicycling, racing, outdoor recreation, and organized athletic events.
I understand that not every risk can be anticipated, controlled, or eliminated.
I knowingly and voluntarily accept and assume all risks associated with my participation in the Event, whether known or unknown, anticipated or unanticipated, including risks arising from the ordinary negligence of any Released Party, to the fullest extent permitted by California law.
RELEASE AND WAIVER OF LIABILITY
In consideration for being permitted to participate in the Event, I, on behalf of myself and my heirs, estate, executors, administrators, personal representatives, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE:
• Springville Chamber of Commerce;
• County of Tulare and any other governmental agency or entity involved with or providing facilities, roads, property, services, permits, or assistance for the Event;
• owners, lessees, tenants, and occupants of property on or through which any portion of the Event is conducted;
• Event organizers and race directors;
• Event volunteers, staff, officials, and personnel;
• Event sponsors and donors;
• contractors and service providers involved with the Event; and
• each of their respective officers, directors, employees, agents, representatives, volunteers, contractors, successors, affiliates, and assigns;
collectively, the “Released Parties.”
I release the Released Parties from any and all claims, demands, causes of action, damages, liabilities, losses, costs, or expenses arising out of or related to my participation in the Event, including claims involving personal injury, bodily injury, illness, disability, emotional injury, property damage, economic loss, or death, including claims caused in whole or in part by the ordinary negligence of a Released Party, to the fullest extent permitted by California law.
This Agreement is not intended to release liability that cannot lawfully be released under California law, including liability for gross negligence, reckless or willful misconduct, or intentional wrongdoing.
EVENT AREAS AND ACTIVITIES
This Agreement applies to my participation in and presence at activities and areas reasonably associated with the Event, including registration, check-in, warm-up, staging and starting areas, race courses, aid stations, rest areas, finish areas, awards activities, parking areas designated or controlled for Event use, and movement between Event-related areas.
PARTICIPANT RESPONSIBILITY AND FITNESS
I represent that I am physically and medically capable of participating safely in the Event for which I am registering.
I understand that the Springville Chamber of Commerce and the other Released Parties are not responsible for determining my physical fitness or medical ability to participate.
I am responsible for deciding whether I should participate, obtaining medical advice when appropriate, and withdrawing from the Event if I believe continued participation would be unsafe.
I agree to follow Event rules, course markings, traffic controls, safety instructions, and reasonable directions given by Event officials, volunteers, law enforcement, emergency personnel, or other authorized persons.
BICYCLE SAFETY AND HELMET REQUIREMENT
This section applies to participants in the Springville Fat Tire Classic or any other bicycle portion of an Event.
I understand that bicycling involves significant risks, including falls, collisions, equipment failure, road and trail hazards, and interaction with motor vehicles, pedestrians, animals, and other cyclists.
A properly fitted and securely fastened bicycle helmet meeting applicable safety standards must be worn at all times while participating in any bicycle portion of the Event, regardless of the participant’s age.
I am responsible for ensuring that my bicycle, helmet, and other equipment are in safe operating condition and suitable for the Event.
I understand that Event personnel may refuse or terminate my participation if I fail to comply with helmet or other safety requirements.
TRAFFIC, ROADS, TRAILS, AND COURSE CONDITIONS
I understand that portions of the Event may take place on public roads, trails, paths, private property, or other areas that may remain open to vehicles, pedestrians, cyclists, animals, or other users.
I understand that road closures, traffic controls, course markings, volunteers, law enforcement presence, and other safety precautions do not eliminate all risks.
I agree to remain alert, exercise reasonable care, obey applicable traffic laws and Event instructions, and be responsible for my own safety while participating.
EVENT MODIFICATION, DELAY, OR CANCELLATION
I understand and agree that the Springville Chamber of Commerce and Event officials may modify the course, change Event procedures, delay, postpone, suspend, or cancel all or any portion of the Event when they determine that weather, fire, smoke, air quality, road or trail conditions, emergencies, governmental orders, public safety concerns, or other circumstances make such action appropriate.
I understand that participation in an outdoor athletic Event cannot be guaranteed and that circumstances beyond the control of the Springville Chamber of Commerce may affect the Event.
MEDICAL TREATMENT
If I become injured or ill during the Event, I authorize Event personnel, volunteers, emergency medical personnel, law enforcement, or others acting on behalf of the Event to obtain or arrange emergency medical treatment or transportation for me when reasonably believed necessary.
I understand that the Released Parties do not guarantee the availability or adequacy of medical care.
I accept financial responsibility for medical treatment, ambulance services, hospitalization, or other medical expenses incurred on my behalf.
COMMUNICABLE ILLNESS
I understand that participation in a public Event involving groups of people may involve exposure to communicable illnesses.
I voluntarily assume the ordinary risks of such exposure associated with attending or participating in the Event and agree not to participate if I am experiencing symptoms of a communicable illness when participation would pose an unreasonable risk to others.
PERSONAL PROPERTY
I am responsible for my bicycle, equipment, clothing, vehicle, valuables, and other personal property.
To the fullest extent permitted by law, I release the Released Parties from claims arising from the ordinary negligence of a Released Party resulting in loss of or damage to my personal property in connection with the Event.
INDEMNIFICATION
To the fullest extent permitted by California law, I agree to indemnify and hold harmless the Released Parties from claims, liabilities, damages, costs, or expenses, including reasonable attorney’s fees, arising from claims brought by third parties as a result of my own negligent, reckless, intentional, or unlawful conduct during the Event.
This provision is not intended to require me to indemnify a Released Party for liability that California law prohibits from being transferred or waived.
PHOTO, VIDEO, AND MEDIA RELEASE
I authorize the Springville Chamber of Commerce and its authorized representatives to photograph, film, videotape, or otherwise record me while I am participating in or attending the Event.
I grant the Springville Chamber of Commerce permission to use my name, photograph, image, likeness, voice, or recorded appearance for lawful Event, Chamber, promotional, historical, social media, website, news, and community-publicity purposes without compensation to me.
I understand that photographs or recordings made publicly available may be viewed, copied, or shared by others.
SEVERABILITY AND CALIFORNIA LAW
If any portion of this Agreement is determined to be invalid or unenforceable, that provision shall be limited or severed to the extent necessary, and the remaining provisions shall remain in effect to the fullest extent permitted by law.
This Agreement shall be governed by and interpreted under the laws of the State of California.
ACKNOWLEDGMENT
I HAVE CAREFULLY READ THIS AGREEMENT. I UNDERSTAND THAT IT INCLUDES AN ASSUMPTION OF RISK AND A RELEASE OF LIABILITY AND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CERTAIN CLAIMS FOR ORDINARY NEGLIGENCE AGAINST THE RELEASED PARTIES.
I UNDERSTAND THE CONTENTS OF THIS AGREEMENT AND SIGN IT KNOWINGLY AND VOLUNTARILY.