Smith Bike Shop’s Short Track Series
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to participate in Smith’s Bike Shop’s Short Track Series and related activities (hereafter referred to as Smith’s Bike Shop’s Short Track Series), I, on behalf of myself, my heirs, personal representatives, or assigns, DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SMITH’S BIKE SHOP, its directors, officers, employees, volunteers, sponsors, independent contractors, and agents from liability FROM ANY AND ALL CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF SMITH’S BIKE SHOP or any of the aforementioned parties. This agreement applies to 1) personal injury (including death) from accidents or illnesses arising from participation in the Short Track Series; and to 2) any and all claims resulting from the damage to, loss of, or theft of personal property.
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Assumption of Risk: Smith’s Bike Shop’s Short Track Series include mountain bicycling which, by nature carry certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks involved in mountain biking can range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as concussions, broken bones, and heart attacks to 3) catastrophic injuries including paralysis and death. Initial Here
Indemnification and Hold Harmless: I also agree to HOLD HARMLESS AND INDEMNIFY Smith’s Bike Shop from all claims resulting from my negligence and to reimburse them for any expenses incurred as a result of my involvement at Smith’s Bike Shop’s Short Track Series. I further agree to pay all costs and attorneys’ fees incurred by Smith’s Bike Shop in investigating and defending a claim or suit if my claim is withdrawn.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Wisconsin and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I have read the previous paragraphs and I KNOW THE NATURE OF THE ACTIVITIES at Smith’s Bike Shop’s Short Track Series, I UNDERSTAND THE DEMANDS of those activities relative to my physical condition and skill level, and I APPRECIATE THE TYPES OF INJURIES that may occur as a result of activities made possible by Smith’s Bike Shop. I HEREBY ASSERT THAT MY PARTICIPATION IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS. Initial Here
Acknowledgement of Understanding: I HAVE READ THIS WAIVER of liability and indemnification agreement and fully understand its terms. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am signing the agreement freely and voluntarily, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY to the greatest extent allowed by law in the State of Wisconsin.
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