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Agreement, Waiver and Release
By riding, attending or participating in the Pat’s Pedaling Pack 100K bicycle ride scheduled to take place on September 17, 2021 (the “PMP Ride”) and related events, I acknowledge and agree to the following:
I know and understand that the PMP Ride involves potentially hazardous or dangerous activities and conditions. I attend or participate in the PMP Ride and all related events out of my own free will and choice. In choosing to attend or participate in the PMP Ride and any related events (including but not limited to the post-ride party), I FULLY ACCEPT AND ASSUME ALL RISKS, whether before, during or after the PMP Ride and its related events, whether or not an event is listed on www.patmacspack.org or www.betterunite.com/PatMacsPack-patspedalingpack100k. These include, without limitation, physical injury, mental injury, emotional distress, trauma, sickness, illness, death, contact with others, damage to personal property, acts by spectators, participants or third persons, equipment failure or defective equipment, inadequate safety equipment, the effects of weather including extreme temperature or conditions, traffic, contact with motor vehicles of all types and descriptions, collision with other persons or fixed objects, the conditions of the road and facilities, the design or other defects in the road and facilities, all risks along the route, risks of crime, violence, terrorism or acts of terror, the possibility that the PMP Ride and any related events may be postponed, ended early, or cancelled altogether by government officials or event organizers, and the negligence of others, including, without limitation, those persons organizing, sponsoring, volunteering or participating in the PMP Ride or events occurring in connection with it.
I am aware that the risk of injury or death is always present in biking and the PMP Ride and its attendant events and that this risk cannot be eliminated by the PMP Ride organizers, sponsors, volunteers or the government or private entities that plan, host or assist in the PMP Ride and related events. I know and accept that biking, road and other accidents may result from the failure for any reason (including negligence) of the PMP Ride organizers, sponsors, volunteers or the government or private entities that plan, host or assist in the PMP Ride events to assess or correctly determine the conditions and safety of the road, surface, route or weather or to predict where or when an accident might occur. All risks are known, appreciated and assumed by me, and I waive any and all specific notice of the existence of them and further waive the obligation, if any, that any other person or entity has to advise or warn me of them. I assume liability for and agree to pay my own medical and emergency expenses in the event of injury, illness, or other incapacity regardless of whether I authorized such expenses. I authorize the use and release of personal and medical information in connection with any medical services provided to me.
I realize that the PMP Ride and related events require physical conditioning. I represent that I am in sound medical condition and capable of participating in the PMP Ride and related events without risk to myself or others. I have no medical impediment that would endanger myself or others. I understand that a situation may arise during the PMP Ride and related events that may be beyond the control of the sponsors, promoters, volunteers, organizers, the government and private entities or others that plan, host or assist in the PMP Ride and all related events, or may arise from negligence by them, and I accept and assume all risks of participation and attendance. I realize that the PMP Ride and related events may require a degree of skill and knowledge. I represent that I have the degree of skill and knowledge necessary for me to engage in these activities safely. I understand I am solely responsible for the condition and adequacy of my bicycle, safety gear and equipment. I will ride safely within the limits of my own abilities, my equipment and the riding conditions and in a manner that does not endanger myself or others.
Knowing these facts and in consideration of my entry acceptance, admission to or participation in PMP Ride and its related events, I for myself, spouse, children, heirs, next of kin, executors, assigns and anyone acting on my behalf, RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD Pat Mac’s Pack, Inc.; PMP Ride sponsors and participating clubs, communities and organizations; PMP Ride officials, emergency and support personnel, volunteers and their representatives; persons and entities that provide event planning, recommendations, advice or services relating to matters such as, but not limited to, route selection, design or maintenance, risk management, safety and first aid; all property owners, law enforcement agencies and governmental or public entities, including without limitation the State of Illinois and Indiana, their counties, cities and special districts; and the officers, directors, employees, representatives, agents, and successors and assigns, of all of the above, HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, INJURIES, COSTS, EXPENSES, LIABILITIES, CLAIMS, DEMANDS AND ACTIONS OF ANY AND EVERY KIND, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE, I have, may have or may hereafter accrue against the released parties directly or indirectly arising out of or relating in any respect to my attending or participating in the PMP Ride and any related events. Without limiting the foregoing, my waiver and release of all losses, damages, costs, expenses, claims, demands, actions and liabilities shall include without limitation, any personal injury, accident, illness or death and any property damage or loss that may be: (a) caused by any act, or failure to act, by the above-identified persons and entities, including without limitation, their negligence, errors, omissions, fault, failure to enforce rules, or conditions of the routes or event premises, and/or (b) sustained by me before, during or after PMP Ride and its related events including but not limited to the post-ride party. I acknowledge that I am signing this Agreement freely and voluntarily, and INTEND BY MY SIGNATURE FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I further acknowledge that no representations, promises, statements or inducements have been made to me other than as set forth in this document. I will abide by all the PMP Ride rules and regulations.
I understand that my name, address, photograph, voice or likeness may be used in promotional or advertising content in all media forms created or distributed by Pat Mac’s Pack, Inc. I consent to such uses and waive any rights of privacy or publicity I may have in connection with those uses. I also waive any privacy rights that may result from disclosure of information about me, including without limitation, in connection with provision of any medical services by PMP Ride sponsors and organizations. I further agree to indemnify, defend and hold the parties released above harmless from and against any and all losses, damages, injuries, claims and expenses, including attorneys’ fees, that are incurred by the parties released above arising from or relating in any respect to my attendance or participation in the PMP Ride and its related events, including without limitation, my acts or failures to act, negligence, or my breach of this Agreement. If I am a minor, my parent or guardian also is signing on my behalf. We both agree to be bound by the terms of this Agreement, waiver and release. I also waive all spousal claims relating to the PMP Ride, if any, that I hold or that may arise through me. I agree that no modifications or amendments to the standard Entry Form and this waiver and release shall be binding unless they are accepted in a separate writing signed by Thomas McNamara as the director of the PMP Ride.
All matters arising out of this Agreement and my participation in the PMP Ride and any related events shall be governed by the laws of the State of Illinois, without regard to choice of law principles, and shall be within the exclusive jurisdiction of the state and/or federal courts located within Cook County in the State of Illinois, and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein. If any term of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, then all other terms of this Agreement will nevertheless remain in full force and effect, and such term automatically will be amended so that it is valid, legal and enforceable to the maximum extent permitted by applicable law, but as close to the parties’ original intent as is permissible. I agree that this agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include copies or electronically scanned versions of an original signature, or an electronic acknowledgement through an online “Submit,” “I agree,” "Select yes" or similar button that must be affirmatively pressed/clicked in order to proceed with my registration. This Agreement represents the entire agreement of the parties and supersedes any and all prior agreements with respect to the PMP Ride and related events.
Confirmation of Waiver and Release *
I have read and accept the Agreement, Waiver and Release.
I understand that the Agreement, Waiver and Release is a release of liability and I voluntarily agree to accept its terms and to be bound by it. I understand that I am giving up substantial rights.
By checking the box immediately below this statement, I agree that I am electronically signing the Agreement, Waiver and Release and intend by this action to sign and be bound by such signature.
I will be 21 years or older as of September 17, 2021
I will wear a helmet.
I will not be protected from traffic, and am riding on my own in regard to support and safety.
I will not drink alcohol or take drugs that could impair my ability to ride safely.
I will bring 2 extra inner tubes and a method of inflation in the event I suffer a flat tire.