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Terms of service

In consideration of the acceptance of my application for entry in Mooresville Area Cyclists, I hereby freely agree to and make the following contractual representations and agreements. I ACKNOWLEDGE THAT MOORESVILLE AREA CYCLISTS IS NOT SANCTIONED BY NOR AFFILIATED IN ANY WAY WITH USA CYCLING, INC. I  FURTHER  ACKNOWLEDGE  THAT  BY  SIGNING  THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY,  NOT  TO SUE AND RELEASE  FROM  LIABILITY THE ORGANIZER OF THIS CLUB AND USA CYCLING, INC. (USAC), AND USA CYCLING DEVELOPMENT FOUNDATION (USACDF),    AND THEIR  RESPECTIVE  AGENTS,  INSURERS, EMPLOYEES, VOLUNTEERS, MEMBERS, CLUBS, OFFICIALS, SPONSORS, EVENT DIRECTORS, LOCAL ASSOCIATIONS, AND   AFFILIATES   (COLLECTIVELY   "RELEASEES"),   AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.  THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES AND IT APPLIES TO ALL RACES AND ACTIVITIES ENTERED AT THE EVENT, REGARDLESS WHETHER OR NOT LISTED ABOVE. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING. I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN THIS EVENT, whether as a rider, official, coach, mechanic, volunteer, spectator, or otherwise, and  FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: dangers associated with man-made and natural  jumps; 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, use of equipment or materials provided by the event organizer and others,  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 the event. 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  the  Releasees  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 TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 the event course and agenda, 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 continually ride and otherwise participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment, any equipment provided for my use, and my conduct in connection with this event. I will wear a helmet that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet and any modifications or attachments made thereto. 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 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 ATTEST THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER [19 IN ALABAMA] (OR THAT IF I AM YOUNGER, MY PARENTS  OR  LEGAL  GUARDIAN  HAVE  EXECUTED  THIS WAIVER  BELOW),  AND  THAT  I  AM  PHYSICALLY  FIT  AND SUFFICIENTLY TRAINED TO PARTICIPATE IN ALL ACTIVITIES ASSOCIATED WITH THE PROGRAM OR EVENTS AND MY PARTICIPATION IN SUCH PROGRAM OR EVENTS IS VOLUNTARY. CONSENT AND RELEASE OF PARENT OR LEGAL GUARDIAN I am the parent or legal guardian of (Child). My child is fit for the event and I consent to my child's participation.   I HAVE READ AND I UNDERSTAND THE ABOVE CONTRACT.  In consideration of allowing my Child to participate, I consent  to  the  contract  and  agree  that   ITS  TERMS  SHALL LIKEWISE BIND ME, MY CHILD, and our 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 my Child may allege against the Releasees (including reasonable legal fees and costs) as a direct or indirect result of injury or death to me or my Child because of my Child's participation in the event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERS TO THE MAXIMUM EXTENT PERMITTED BY LAW.  I PROMISE NOT TO SUE RELEASEES   on my behalf or on behalf of my Child regarding any claim arising from my Child's participation in the event.

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