In consideration of the acceptance by the Union of Orthodox Jewish Congregations of American (the “Orthodox Union”) and NCSY of my application to participate in Bike NCSY on February 15-20, 2023 taking place in Puerto Rico (the “Tour”), I hereby agree to the following:
Risks Involved in Participation: I hereby acknowledge, understand, and agree that the Tour contains risks, including but not limited to the risks of falling, collision with other bicyclists, bicycles, motor vehicles, pedestrians or stationary or moving objects, surface hazards, including pot holes and gratings, the conditions of the road, equipment failure, inadequate or misused safety equipment, the use of equipment provided by the tour or others, weather conditions, my own negligence and the negligence of others. My participation in the Tour is voluntary and done at my own risk. I voluntarily assume all risks of loss, damage, death or injury that I may sustain while participating in the Tour. I attest that I am sufficiently trained for participation and completion of the Tour. I recognize that an event of this nature can be physically demanding. I acknowledge the Tour’s recommendation that I consult with a physician regarding the advisability of my participation in this activity. I understand that serious accidents occasionally occur during the Tour, and that participants in this event may sustain mortal or serious injury as a consequence thereof. Nevertheless, I hereby agree to assume these risks.
Equipment and Helmets: I hereby acknowledge, understand, and agree that I am responsible for providing a bicycle for use in the Tour and for ensuring that such bicycle is in a good mechanical condition. I attest that the bicycle and any other equipment that I will use in the Tour are in good mechanical condition. I understand that bicycle helmets may (but do not always) prevent serious injury, and I hereby agree to wear one while participating in the tour.
Release and Waiver: I hereby expressly and unconditionally RELEASE, WAIVE and AGREE NOT TO SUE Bike NCSY, the Orthodox Union and/or NCSY and all other sponsoring or participating entities, governmental agencies, businesses and organizations, and their respective subsidiaries, affiliates, parent companies, and all past and present directors, trustees, officers, employees, agents, volunteers, contractors and representatives of the foregoing (collectively, “Releasees”, each individually, “Releasee”), from all liability and all claims of any kind – including but not limited to for damages, death, personal injury or loss of property – resulting from, arising out of or connected in any way with my participation in the Tour, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERS, to the maximum extent permitted by law. In addition, I waive my insurers’ right to make a claim against Releasees based on payments by insurers to me or on my behalf for any reason. I acknowledge this means my insurers have no rights of subrogation against the Releasees. I will not initiate, participate in or assist anyone in connection with, any claim, lawsuit, court action or other legal proceeding or demand, whether currently known or unknown, whether anticipated or unanticipated, against Releasees, in connection with the Tour, and I waive any right I may have to do so.
Indemnification: Without limiting the effectiveness in any way of the release, waiver and covenant not to sue provided in this Waiver and Release, I will indemnify, hold harmless and reimburse Releasees from and for all damages, losses, costs or expenses (including legal fees) incurred or paid by Releasees to any person (including me or my insurers) in respect of any accident, injury (including death), loss or property damage, however caused, resulting from, arising out of or otherwise in connection with my participation in the Tour.
Medical Treatment and Records: I understand and agree that medical or other services rendered to me by or at the insistence or recommendation of Bike NCSY or any of the Releasees is not an admission of liability or an agreement to provide or to continue any such services, and is not a waiver by any Releasee of any right hereunder. I hereby consent to emergency medical treatment and transportation as medical professionals may deem appropriate in the event I suffer an injury arising out of my participation in the Tour. This Waiver and Release extends to any liability arising out of or in any way connected with the medical treatment or transportation provided in the event of such injury. If I am injured, I acknowledge and agree that I am responsible for my own medical expenses.
The Rules of the Tour: I agree to comply with the rules of the Tour as established by Bike NCSY or other officials present at the Tour, and to obey the directions of the officials. I agree to ride only on Bike NCSY approved routes while participating in the ride course portion of the Bike NCSY event. I agree that, to the fullest extent permitted by applicable law, the payment submitted in connection with my application for participation in the event is not refundable, deferrable or transferable under any circumstances, including cancellation of the event. I understand and agree that the Orthodox Union and NCSY reserves the right to reject any entry and to disqualify, bar or remove any individual from the Tour. Reasons for this action may include but are not limited to: violation of the rules of the Tour, unsafe conduct, abusive behavior, non-payment of Tour fees, participating without an official vest rider bib or bike plate, participating with an official vest rider bib or bike plate assigned to another person, transferring or attempting to transfer an official rider bib or bike plate to, or to obtain such items from another person, and providing false information on the Tour entry form(s) or to the Tour at any time including during the registration process. I understand that individuals disqualified from the Tour may be barred from future Tours.
Severability: Should any portion of this Waiver and Release be judicially determined to be invalid, voidable or unenforceable for any reason, such portion shall be severable from the remaining portions and the invalidity, voidability or unenforceability thereof shall not affect the validity, effect, enforceability or the interpretation of the remaining provisions. Headings in this Waiver and Release shall not limit the meaning of any provision.
Consent: I hereby consent to this Waiver and Release and acknowledge and agree that its terms shall likewise bind me, my heirs, executors, administrators, legal representatives and assignees. I understand that this is an important legal document in which I give up legal rights and remedies I would otherwise have and that this document applies to all activities at the Tour, regardless of whether specifically listed above or not. I hereby state that I am authorized to make this decision and I have read and understand this document.