TOWN of PULASKI, VIRGINIA

BICYCLING EVENT RELEASE and WAIVER of LIABILITY

and ASSUMPTION of RISK AGREEMENT

IN CONSIDERATION of being permitted to participate in any way in an event sponsored by the Town of Pulaski (“Town”), I, for me, my personal representatives, assigns, heirs, and next of kin:

1. ACKNOWLEDGE, agree, and represent that I understand the nature of the event and that I am qualified, in good health, and in proper physical condition to participate in such an event.  I further represent that I have inspected and am confident that any personal equipment I introduce into the event (such as, but not limited to, a bicycle) is in proper working order and will not endanger me, any other participant, any person involved in the event, including spectators.  I acknowledge that the event will be conducted over roads and other 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, it is my responsibility to terminate my participation, and I will immediately do so.

2. FULLY UNDERSTAND that: (a) the ACTIVITIES during the event INVOLVE RISKS AND DANGERS OF BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the event, the conditions in which the event takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the event.

3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Town of Pulaski, its respective administrators, directors, agents, officers, members, volunteers, employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the event takes place (each considered one of the “RELEASEES” herein), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY 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 AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

_________________________________________ signed this ____ day of June, 2008.

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