PAA 2024 Participant Waiver
PAA PARTICIPANT WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT In consideration of participation in the Pablove Across America bicycling (PAA) ride and any related events, activities and training rides (collectively “EVENT”), I, the undersigned, understand, acknowledge, appreciate and agree that: I am at least 18 years old. If under the age of 18, I acknowledge that a legal parent or guardian must be present and agree that I am able to partake in the EVENT. While participating in the EVENT, I will be using public streets and facilities where many hazards exist and I am aware of and appreciate the risks that may result. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me. There is a risk of injury that exists from participation in the EVENT, including the potential for severe dehydration, permanent paralysis and death, and while particular rules, safety initiatives, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, associated with participating in EVENT, and, understanding such risks, voluntarily desire to participate in EVENT. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participating in EVENT EVEN IF SUCH RISKS ARISE FROM THE INTENTIONAL OR NEGLIGENT CONDUCT OF THE RELEASEES (defined below) or others, and regardless of whether such risks are covered by my personal health insurance or other types of insurance; and I assume full responsibility for my participation in EVENT. I acknowledge and agree that I, and I alone, am solely responsible for my personal health and safety and the personal property I bring with me. I agree that I am physically capable of participating in EVENT. If I am aware of or under treatment for any physical infirmity, ailment or illness, I will obtain my medical care provider’s approval to participate in EVENT and I will maintain personal health insurance while participating in EVENT. I further understand that I may be asked to provide a doctor’s note or other proof that my primary health care provider has permitted me to participate in EVENT. I further understand that, if I do not maintain an average speed of at least 8 miles per hour while participating in EVENT, I may be asked to alter or conclude my ride in order to preserve appropriate safety parameters. I consent to treatment in the EVENT of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I acknowledge that EVENT will communicate via text message should there be an emergency management situation and/or act of god. I willingly agree to read all of EVENT’s rules of participation and all safety materials provided by EVENT, including specifically all of the information included in the Event Handbook and all related materials. At all times while participating in EVENT, I willingly agree to abide by all rules and regulations established by the EVENT organizers, staff and support personnel as well as all traffic laws and local vehicle codes and all rules of the road, including but not limited to the following: Helmets must be worn at all times while riding. I agree to wear a properly fitted and adjusted ASTM, ASNI, CPSC or SNELL certified helmet while riding in the EVENT. Obey all traffic signs and signals at all times. Be aware of what’s going on around you at all times. EVENT is conducted on open roads. Motor vehicle traffic will always be present. Ride the advertised and supported route only Ride single file and as far to the right of the road as is safely possible, except to pass. Pass on the left side only. Headphones, iPods and radios are strictly prohibited while riding. Ride defensively in consideration of your fellow riders. Communicate with your fellow riders, using proper cycling terms such as “on your left” and “car back.” Use proper hand signals when turning. Make left turns from the center of the road or left turn lane. Cross railroad tracks at right angles. Do not cross the yellow centerline regardless of the passing zone. When approaching intersections that require vehicles to yield or stop, each cyclist is responsible for verifying that the intersection is clear before proceeding into the intersection. Ride in control of your bike at all times, including being able to stop within a reasonable distance. Be predictable so that riders behind you have fair warning of your actions. Endangering the safety of your fellow riders is strictly prohibited. Obey instructions from all law enforcement personnel. Obey instructions from the EVENT staff, road crew and volunteers. Pay attention to and obey information on all road signs, including all signs posted by EVENT. Speak out when observing a violation. When spoken to, your response should be in appreciation of the concern expressed. When you stop, move well off the road so you don’t interfere with oncoming traffic. When you embark after stopping, yield to oncoming traffic before proceeding into the road. EVENT is not a race and should not be treated as a race at any time or under any circumstances. A bicycle is a legal vehicle in all States and I must ride in a safe manner. I will read the EVENT description and rules for participation in the Event and I will abide by all rules and regulations established by the Event organizers and personnel as well as the local vehicle code. It is my sole responsibility to learn and understand these laws. I willingly agree to comply with the stated and customary terms and conditions for participation in EVENT. If, however, I observe any unusual significant hazard during my presence at or participation in EVENT, I will remove myself from participation and bring such hazard to the attention of the nearest official immediately. I willingly agree that I will not ride with an infant or child in a seat attached to my bicycle or any other riding apparatus at any time during EVENT. I, on behalf of myself and my heirs, assigns, personal representatives, administrators, estate and next of kin, HEREBY VOLUNTARILY, IRREVOCABLY AND FOREVER: (i) RELEASE EVENT, The Pablove Foundation, Medalist and its subsidiaries, each owner and/or lessor of any premises, property or piece of equipment used to conduct EVENT, each of the foregoing parties’ respective affiliates, and each of the foregoing parties’ respective current and former owners, partners, members, officers, directors, trustees, advisors, consultants, employees, agents, volunteers, officials, representatives, successors, assigns and other participants (collectively, “RELEASEES”), FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY AND ALL INJURIES, DISABILITIES, DEATH, LOSSES OR DAMAGES TO PERSON OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH MY PARTICIPATION IN EVENT, WHETHER OR NOT CAUSED BY THE INTENTIONAL CONDUCT, ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; (ii) WAIVE MY RIGHT TO SUE OR MAKE ANY DEMAND WHATSOEVER against any RELEASE for any damages or losses arising, directly or indirectly, in connection with my participation in EVENT; (iii) AGREE NEVER TO SUE ANY RELEASEE asserting any claim for damages or losses suffered, directly or indirectly, in connection with my participation in EVENT; and (iv) AGREE TO INDEMNIFY AND HOLD EACH RELEASEE HARMLESS from any and all claims, demands, suits, damages, expenses, costs, liabilities, judgments, settlements and losses of any and every kind suffered or incurred by any RELEASEE and arising, directly or indirectly, in connection with my participation in EVENT. PARTICIPANT WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT (CONT’D) I understand this Waiver, Release of Liability and Assumption of Risk Agreement inures to the express benefit of the RELEASEES and may be relied upon and enforced by any RELEASEE. I also understand that the effectiveness of this Waiver, Release of Liability and Assumption of Risk shall indefinitely survive my participation in EVENT. I understand and agree that my name, photograph, voice or likeness may be used by the Pablove Foundation for informational, educational, promotional and/or publicity purposes, among others, including but not limited to use on websites or in publications, displays, newspapers, magazines, advertisements, reports, videotapes, audiotapes and other media. I consent to and authorize, in advance, all such uses and waive all rights of privacy I have in connection therewith. I further understand that I will not be compensated for any such use. I also agree to release the RELEASEES from any and all liability arising out of or connected to the use of my name, photograph, voice or likeness as stated above. I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus”) and voluntarily assume the risk that I, on behalf of myself, and, if applicable, my Ward, may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Participants or any Releasee. I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 8-feet of space between myself and other individuals); (ii) wearing a proper face mask, and (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face. I acknowledge and agree that my, or my Ward’s, compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Participants and the Releasee parties at the Event. I voluntarily assume the risk that I, on behalf of myself, and, if applicable, my Ward, may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result of a failure to comply with such practices. Further, notwithstanding the foregoing, I agree that I will neither attend nor participate in an Event if I have: (i) tested positive for COVID-19; (ii) shown any symptoms of COVID-19; or (iii) have been in close contact with a person known to have COVID-19 (or any known symptoms thereof). Governing Law. The statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to my participation in the Event and this agreement. I agree that exclusive jurisdiction for any dispute arising out of the Event or this agreement resides in the courts of the County of Los Angeles, State of California (or Federal Courts for the Central District of California) and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California (or Federal Courts for the Central District of California) in connection with any dispute including any claim in connection therewith. I agree that this agreement and waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The headings of the paragraphs of this agreement are intended solely for convenience and no provision of this agreement is to be construed by reference to the heading of any paragraph. This agreement may not be modified orally or in writing by any individual. I HAVE CAREFULLY READ THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND THE TERMS OF THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I AM AWARE THAT BY SIGNING THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT OR BY SELECTING THE “I ACCEPT” BUTTON DURING THE ON-LINE REGISTRATION PROCESS, I AM AGREEING TO ALL OF THE TERMS OF THE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, INCLUDING WAIVING SIGNIFICANT LEGAL RIGHTS. KNOWING ALL OF THIS, I AGREE TO THE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT IN ITS ENTIRETY FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.