WRENEGADE SPORTS AND WRENEGADE FOUNDATION VOLUNTEER WAIVER
In consideration of the risk of injury while participating in Farm to Fork Fondo (the “Event”), and as consideration for the right to volunteer at the Event, I hereby, for myself, my heirs, my executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Event, and do hereby release and forever discharge Wrenegade Sports, LLC, and Wrenegade Foundation, LTD, located at One Mill Street, Suite 300, Burlington, VT 05401, their affiliates, Event partners and venues, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, sponsors, and assigns, for any damages, economical or emotional loss, that I may suffer as a direct result of my participation in the Event, including traveling to and from an event related to the Event.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED EVENT AND I AM PARTICIPATING IN THE EVENT ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM THE EVENT AND MY ASSIGNED LOCATIONS AS WELL AS PARTICIPATING IN THE EVENT, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR CONDITIONS OF THE EVENT LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS EVENT, INCLUDING TRAVEL TO AND FROM AND DURING THE EVENT. THIS WAIVER COVERS ALL FUTURE EVENTS AND PROGRAMS ASSOCIATED WITH WRENEGADE SPORTS, LLC, AND WRENEGADE FOUNDATION, LTD, AS WELL AS THE SPECIFIC EVENT OR PROGRAM THE VOLUNTEER IS SIGNING UP FOR AT THE TIME OF SIGNING THIS WAIVER. BY VOLUNTEERING MY SERVICES AT THIS EVENT, I UNDERSTAND THAT I AM WAIVING MY RIGHT TO RECEIVE THE MINIMUM WAGE PURSUANT TO THE FAIR LABOR STANDARDS ACT AND ALL RELEVENT LOCAL AND REGIONAL LABOR LAWS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO.
I understand that by volunteering for an event produced by Wrenegade Sports, LLC and Wrenegade Foundation, LTD, I am not covered by Wrenegade Sports, LLC’s accident insurance or worker's compensation insurance. If I am injured, I am responsible for my own medical expenses. I am also assuming the risk of any injury, and I am waiving claims arising from my volunteer work and association with this Event, and I am agreeing not to sue Wrenegade Sports, LLC, Wrenegade Foundation, LTD, and others as a result of any injury or damages I may suffer as a volunteer for a program or event associated with Wrenegade Sports, LLC and Wrenegade Foundation, LTD, even if I am volunteering for some person or entity other than Wrenegade Sports, LLC and Wrenegade Foundation, LTD at this Event.
I understand that volunteers are covered by the Wrenegade Sports, LLC insurance policy covering event liability if and only if they sign this form, which means that, subject to the terms and conditions of that policy, the insurance carrier will defend against any claims against me and other volunteers that are covered by the policy (some claims are not covered, such as claims arising from intentional or deliberate acts or as a result of their professional occupation). I understand that Wrenegade Sports, LLC makes no assurance, warranty, or representation as to what claims might be covered by its liability policy and gives notice that not all claims are covered.
In consideration of the acceptance of my application for entry in this event, I hereby freely agree to and make the following contractual representations and agreements.
I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN A BICYCLE RIDING EVENT AS A VOLUNTEER, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, including pot holes, equipment failure, inadequate safety equipment, THE RELEASEES' OWN NEGLIGENCE, the negligence of others and weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with cycling event/competition. For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors") I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE Wrenegade Sports, LLC, Wrenegade Foundation, LTD, and all sponsors, organizers and promoting organizations, property owners, law enforcement agencies, public entities, special districts and properties that are in any manner connected with this event, and their respective agents, officials, and employees through or by which the events will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the event, or travel to or return from the event. I agree it is my sole responsibility to be familiar with my volunteer role, the Releasees' rules, and any special regulations for the event and agree to comply with all such rules and regulations. I understand and agree that situations may arise during the event which may be beyond the control of the Releasees, and I must participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my cycling equipment and my conduct in connection with a cycling event. If my volunteer role requires me to be on a bicycle, I will wear a helmet which satisfies the requirements of the Releasees' Rules or Regulations and that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet. I have no physical or medical condition which would endanger myself or others if I participate in this event or would interfere with my ability to safely participate in this event. I further acknowledge that the Event will be conducted over public roads, open agricultural spaces, and facilities open to the public during the Event and upon which the hazards of traveling are to be expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Event.
I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the releasees in defending the claims. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification.
I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the event. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
I do hereby consent to the use by Wrenegade Sports, LLC, and Wrenegade Foundation, LTD of photographs and other media of me and/or property belonging to me in promotional pieces or other material produced by Wrenegade Sports, LLC and Wrenegade Foundation, LTD. I also consent to use of my name in such materials produced by Wrenegade Sports, LLC and Wrenegade Foundation, LTD.
I understand that these pieces and materials may receive wide public distribution and that Wrenegade Sports, LLC, and Wrenegade Foundation, LTD may not control subsequent reuse or representation by others who come into possession of the pieces or materials.
I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THE AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
CONSENT AND RELEASE BY PARENT OR GUARDIAN OF MINOR PARTICIPANT (UNDER 18 YEARS OF AGE). This minor is fit for the event, and I consent to their participation. I HAVE READ AND I UNDERSTAND THE ABOVE CONTRACT. In consideration of allowing this minor to participate, I consent to the contract and agree that ITS TERMS SHALL LIKEWISE BIND ME, the minor, my heirs, legal representatives, and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or this minor may allege against the Releasees (including reasonable legal fees and costs) as a direct or indirect result of injury or death to me or the minor because of my their participation in the event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or others. I PROMISE NOT TO SUE RELEASEES on my behalf or on behalf of the minor regarding any claim arising from the minor's participation in the event.