Release and Waiver of Liability


Thank you and enjoy the ride! Please visit www.possumpedal.com for more information or download the Graham Community App!

RELEASE AND WAIVER OF LIABILITY<br>(Read Carefully Before Signing)

I, my minor child, and/or a minor child under my legal guardianship (individually and collectively referred to as “Participants”), intend to participate in Possum Pedal Bike Ride (the “Program”) which is being hosted by Graham Chamber of Commerce (the “Chamber”) Saturday, August 15th, 2020. In consideration for participation in the Event, the Participants agree to the following:

Assumption of Risk

Participants assume all responsibility for Participants’ own safety while participating in the Program. Participants understand that the Program may involve participation in exercises which are physically demanding and could subject Participants to stress, anxiety, and possible hazards, not all of which can be foreseen (including maintenance and conditions of roadways by the City of Graham, Young County, and/or TxDOT). Participants further understand that participation in the Program is completely voluntary, and Participants assume the risk of any and all injuries that may occur to Participants or their property as a result of participation in the Program, INCLUDING INJURIES THAT MAY RESULT FROM THE CHAMBER’S OWN NEGLIGENCE.

Equipment

Participants understand and agree that the Chamber is in no way responsible for installing, delivering, repairing, reclaiming, disposing of, maintaining, or replacing any equipment for Participants’ use during the Program. It is Participants’ sole responsibility to maintain, repair, and safely dispose of any and all equipment needed for Participants’ participation in the Program. Additionally, Participants understand and agree that they are responsible for providing insurance for the equipment and any and all costs connected therewith. Participants further agree to fully comply with all safety or other local, state, or federal laws, regulations, and codes in connection with the equipment.

Waiver and Release

Waiver and Release. Participants RELEASE, WAIVE, FOREVER DISCHARGE AND HOLD HARMLESS, AND COVENANT NOT TO SUE the Chamber and its directors, officers, employees, agents, volunteers, attorneys, related entities, successors, and assigns (collectively, the “Indemnitees”) from any and all liability, claims, causes of actions, and demands of any kind or nature, either in law or in equity, which arise now or in the future in connection with Participants’ participation in the Program. Participants understand and agree that this Release discharges the Indemnitees from any liability or claim that Participants may have against the Indemnitees with respect to bodily injury, personal injury, illness, death, or property damage that may result from Participants’ participation in the Program, howsoever arising or caused, including THROUGH THE NEGLIGENCE OF INDEMNITEES. Participants expressly waive any right to a trial by judge or jury that Participants may otherwise have with regard to any claim or liability related to Participants’ participation in the Program.

Medical Treatment

Medical Treatment. Participants consent to receive emergency medical treatment in the event of illness or injury and release and forever discharge the Indemnitees from any liability or claim whatsoever which arises or may later arise on account of any medical services rendered in connection with an emergency during Participants’ participation in the Program.


Participants agree to carry a form of identification, detailing any potentially relevant medical conditions and/or allergies at all times during the Possum Pedal Bike Ride.

Photo and Media Release.

Participants grant to the Chamber all right, title, and interest in any and all photographs, images, video, or audio recordings of Participants or Participants’ likeness or voice made by the Chamber in connection with the Program. Participants understand and agree that they will not receive compensation for any use of such material.

Broad Release Intended.

PARTICIPANTS EXPRESSLY AGREE THAT THIS RELEASE IS INTENDED TO BE AN UNCONDITIONAL RELEASE OF THE CHAMBER OF ALL LIABILITY AND TO BE AS BROAD ANDINCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF TEXAS and that this Release shall be governed by and interpreted in accordance with the laws of the State of Texas. Participants further agree that in the event any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.

COVID-19 Release

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the Center for Disease Control and many other public health authorities still recommend practicing social distancing.

I further acknowledge that Graham Chamber of Commerce has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that Graham Chamber of Commerce cannot guarantee that I will not become infected with the Coronavirus/COVID-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, race volunteers, SAG drivers, fellow participants, and their families.

I acknowledge that I may be increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while participating in the race and any events leading up to or following the race.

I attest that: 
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. 
* I have not traveled internationally within the last 14 days. 
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19. 
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities. * I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

BY TYPING MY NAME BELOW, AS MY SIGNATURE, I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY IN ITS ENTIRETY AND, IN CONSIDERATION FOR THE RIGHT OF MYSELF AND/OR MY MINOR CHILD OR A MINOR CHILD UNDER MY LEGAL GUARDIANSHIP TO PARTICIPATE IN THE PROGRAM, I IN GOOD FAITH MAKE THE RELEASES AND WAIVERS AND ASSUME THE RESPONSIBILITIES CONTAINED HEREIN. I ACKNOWLEDGE THAT I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF MY CHOOSING, AND THAT I FREELY AGREE TO THE TERMS EXPRESSED IN RETURN FOR PARTICIPATION IN THE PROGRAM.

Date Field

IF PARTICIPANT IS UNDER 18, ALL PARENTS OR GUARDIANS MUST SIGN:

Date Field