In consideration of participating in the PedalFest 2020 (“Event”) hosted by Heartspring, Inc. (“Heartspring”), I, on behalf of myself and any person that I register for the Event (collectively the “Participant”), agree and acknowledge that Participant understands the nature of the Event and the risks of participating in it. Such risks include, without limitation, serious bodily injury, permanent disability, paralysis, and death, any of which may be caused by Participant’s own actions or inactions, those actions or inactions of others participating in the Event, the location of the Event and related conditions, or the negligence or carelessness of Heartspring, or its members, staff, directors, trustees, employees, affiliates, or any third party with whom Heartspring has contracted in relation to the Event (each a “Heartspring Party”). There may be other risks either not known or readily foreseeable at this time. These risks cannot be eliminated without eliminating the essential qualities of the Event. Participant fully accepts and assumes all such risks and all responsibility for any losses or damages incurred from or in connection with the Event.
Participant hereby agrees and acknowledges that Heartspring will not be liable for any loss or damage of Participant incurred from or in connection with the Event. This Waiver, Release of Liability, and Assumption of Risk (“Waiver”) applies irrespective of cause or origin of any such loss or damage, including any alleged or actual negligence or carelessness of any Heartspring Party. Participant hereby forever waives, releases, and discharges each Heartspring Party from all demands, claims, causes of action, legal or administrative proceedings, losses, liabilities, damages, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs) (collectively “Claims”). Participant further agrees to indemnify and hold harmless each Heartspring Party from any Claims, including without limitation any Claims related to the alleged or actual negligence or carelessness of any Heartspring Party.
Participant hereby grants Heartspring permission to use video recordings or photographs taken at or in connection with the Event in which Participant appears and acknowledges and agrees that such video recordings or photographs may be used for any purpose deemed appropriate by Heartspring, including social media, promotional materials, publications, and media releases.
Participant acknowledges that this Waiver is material to the relationship between Heartspring and Participant and that Heartspring will not permit participation in the Event without this Waiver. By registering for the Event, Participant acknowledges and agrees that Participant has read and understands this Waiver and understands that it requires the relinquishment of substantial rights. Participant nonetheless freely agreed to it without any inducement or assurance of any nature.
Terms Agreed To:
By registering any persons other than myself for the PedalFest 2020 (“Event”) hosted by Heartspring, Inc. (“Heartspring”), I represent, warrant, and certify to Heartspring that I have the legal capacity to agree to the foregoing Waiver, Release of Liability and Assumption of Risk on behalf of all such persons. Agreement to such Waiver, Release of Liability and Assumption of Risk is mandatory for participation in the Event, and I fully understand that I may not register any person for the Event if I do not have sufficient legal capacity to agree to the Waiver on his or her behalf.
I have read and agree to the Terms of Service and certify that I am at least 18 years of age.
I understand that my registration and merchandise fees are non-refundable.