Velo Blu - Waiver – 2023
BY CLICKING THE "AGREE & SIGN" BUTTON AT THE BOTTOM YOU ACCEPT THE TERMS OF THIS AGREEMENT AND REPRESENT AND WARRANT THAT YOU ARE 19 YEARS OF AGE OR OLDER IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE NOT 19 YEARS OF AGE OR OLDER, DO NOT CLICK THE "AGREE & SIGN" BUTTON AT THE BOTTOM
This is a binding agreement. By signing this document, I waive certain legal rights, including the right to sue in circumstances outlined in this Agreement. I acknowledge that Blu Genes has encouraged me to read this carefully and clarify any questions or concerns I have before signing and participating in any Blu Genes Events.
IN CONSIDERATION of my acceptance by Blu Genes into, and the ability to participate as part of, Blu Genes’ cycling event “Velo Blu” to be held on September 15th, 2023 (the “Cycling Fundraiser”) and other Blu Genes programs, activities and events (including any before and after-event activities) (collectively, the Cycling Fundraiser, together with other Blu Genes programs, activities and events (including any before and after-event activities, the “Blu Genes Events”):
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives (collectively, the “Releasors”) that there may be risks (known and unknown) in attending at and participating in the Blu Genes Events, some of which may include the serving of alcohol. I knowingly and freely assume all such risks, both known and unknown and be responsible for any injury, damage, expenses or other loss, which I might receive while participating in the Blu Genes Events activities and programs (including, without limitation, all pre and post event activities, transportation and hospitality). I know that if I consume alcohol or other drugs, my judgement may be impaired and that I will not operate a vehicle (bicycle or motorized). In such instances, I will make alternative arrangements for my transportation.
I further agree to the following terms:
a. Blu Genes and its members, and their respective directors, officers, committee members, members,
employees, contractors, consultants, volunteers, participants, agents and representatives (collectively the “Organization”) is not responsible for any injury, personal injury, damage, property damage or loss (including but not limited to damage to or loss of bicycles and/or other property), expenses, loss of income or loss of any kind suffered by me or any participant in a Blu Genes Event (“Participant”) during, or as a result of a Blu Genes Event, caused by the risks, dangers and hazards associated with Blu Genes Events, or caused in any manner by the Organization, including without limiting the foregoing, by the negligence of the Organization.
b. Without limiting the generality of the foregoing, I understand that bicycles may be mounted on vehicles and/or left on racks during the Blu Genes Events and as a result loss of bicycles and property and/or damage to bicycles and/or property may occur and I, on behalf of myself and the Releasors release the Organization for all damages, expenses and loss relating thereto.
2. I am participating voluntarily in the Blu Genes Events, including without limitation to the Cycling Fundraiser.
I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Blu Genes Events, including without limitation the Cycling Fundraiser and that I may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to, injuries from:
a. The sport of cycling;
b. Executing strenuous and demanding physical excursion in cycling and/or exerting and stretching various muscle groups;
c. Vigorous physical exertion, rapid movements, quick turns and stops, and strenuous cardiovascular workouts;
d. Mounting, dismounting or falling off a bicycle;
e. Falling, tumbling or hitting any ground, surface, concrete, road, track or other surfaces;
f. Physical contact with other Participants (including those engaged in the Blu Genes Events);
g. Failure to properly use any equipment, the mechanical failure of any piece of equipment or inadequate safety equipment, improper maintenance or adjustment of equipment;
h. Contact, collisions or being struck by other participants, pedestrians, fixed objects, spectators, equipment or vehicles;
i. Road conditions, terrains and vehicular traffic while cycling; Blu Genes Foundation
j. Failure to stay within the designated course area;
k. Extreme weather and temperature conditions which may result in dehydration, heatstroke, sunstroke or hypothermia;
l. Spinal cord injuries which may render me permanently paralyzed; and/or
m. travel to and from events
3. Furthermore, I am aware:
a. That injuries sustained can be severe;
b. That I may experience anxiety while challenging myself during the Blu Genes Events;
c. That my risk of injury is reduced if I follow all rules established for participation; and
d. That my risk of injury increases as I become fatigued.
4. In consideration of the Organization allowing me to participate, I agree:
a. That my physical condition has been verified by a medical doctor to participate in the Blu Genes Events, including the Cycling Fundraiser;
b. That the rules of participation must be followed and that the sole responsibility for my safety remains with me, including physical and emotional preparation and fitness;
c. To discontinue participation if I sense or observe any unusual hazard or unsafe condition; or feel unable or unfit to safely continue;
d. To ASSUME all risks arising out of, associated with or related to my participation;
e. To WAIVE any and all claims that I may have now or in the future against the Organization;
f. To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Blu Genes Events; and
g. To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I may have or may in the future, that might arise out of, result from, or relate to my participation in the Blu Genes Events, including the Cycling Fundraiser, my presence at any venue, the events, activities or programs of the Organization, and/or my traveling to or from the events, activities or programs of the Organization, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any duty of care of the Organization.
5. Use of Personal Information/Media Release. I, on behalf of the Releasors, grant permission to Blu Genes and service providers acting on Blu Genes’ behalf to:
(a) collect and use my personal information to administer and conduct the Blu Genes Events together with all related events, activities and travel; and
(b) to collect and use my name, voice, statements, photograph, image, likeness, actions at the Blu Genes Events and/or my biographical data in any live or recorded form (including, but not limited to, any form of video display or other transmission or reproduction), in whole or in part, for purposes of promoting Blu Genes Events and/or any programs associated with Blu Genes, in perpetuity worldwide on standard and non-standard television, video, print, electronic and on-line media (including, without limitation, the Internet), and in any other means of distribution, publication or exhibition, whether now known or hereinafter created without any additional consideration in connection with the Blu Genes Events, future programs, and the marketing, advertising and promotion thereof.
6. I acknowledge that I have read this agreement and understand it, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself and the other Releasors.
Date: February 20, 2024
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Document Name: Velo Blu - Waiver – 2023
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