WAIVER AND RELEASE
The Recovery ride is a one-day, three-course (12/25/40 mile) bicycle ride (not a race) in San Diego run by Stepping Stone of San Diego (“Stepping Stone”) to raise money and awareness for recovery from alcohol and drugs and to support their Recovery, HIV and AIDS services. I wish to participate in the Recovery Ride event and/or preseason training rides and activities leading up to the 1-day event (collectively, the “Event”).
CODE OF CONDUCT. I have read and understood the description of the ride and the code of conduct provided on http://www.recoveryridesd.org for the Event and agree to abide by them, including, without limitation, the requirement to wear a Consumer Product Safety Commission-approved bicycle helmet, by all other rules and regulations established for the The Recovery Ride, and by the California Vehicle Code. I agree that I may be expelled from the Event in the sole discretion of the Stepping Stone, and/or their designated Event director with or without cause or warning, and my failure to abide by the rules and regulations in the code of conduct may result in disciplinary action against me up to and including expulsion from the Event without warning. I represent that I am at least 18 years of age as of the date signed, below.
IMAGES RELEASE. Portions of the Event will be photographed, video- and audio-taped, and otherwise recorded. I agree that my name, photograph, voice and/or likeness, and information related to my participation in the Event (collectively, “Images”) may be used by Stepping Stone for publicity and other purposes (“Promotion”). I hereby grant Stepping Stone the irrevocable, perpetual, exclusive, worldwide right to (i) use my Images for Promotion, (ii) create composite or computer manipulated materials from my Images, (iii) use, reproduce, distribute, exhibit, transmit and publish my Images in any media, and (iv) assign the aforementioned rights to third parties. I hereby consent to and authorize in advance the aforementioned grants, without compensation, and waive any rights of privacy or publicity I may have in connection therewith.
RISKS; ASSUMPTION OF RISK. I understand that the Event is potentially a hazardous activity, and that accidents during the Event could lead to serious injury, death and/or property damage, both to me and to others. Risks associated with the Event may include, but are not limited to:
- using public streets and facilities where hazards such as broken pavement and road debris may exist;
- being struck by, or colliding with, other cyclists, spectators, automobiles, and road debris;
- dehydration, heat stroke, over-exertion, exhaustion, cramps, soft tissue injuries and/or broken bones; ∙ participating with individuals of all skill levels, including both experienced and novice cyclists;
- negligence or carelessness of Stepping Stone, sponsors, participating clubs, communities, members of the medical team, and owners/lessors of the course or facility owners (which may include state and local governmental entities);
- negligence or carelessness in the implementation or enforcement of any rules, regulations or guidelines related to the Events and/or in the selection, use, or maintenance of any equipment, course, competition, facility or service related to the Events.
I understand that the Event may expose me to risks other than those listed above and that the risks may not be reasonably foreseeable to me or Stepping Stone. In consideration for being allowed to participate in the Event, I hereby assume all risks associated with the Event, even those risks which are not reasonably foreseeable at this time.
WAIVER AND RELEASE. To the maximum extent permitted by law, I hereby release, waive, forever discharge and covenant not to sue the Releasees (as defined in the next sentence) from all liabilities, claims, costs, expenses, damages, losses and obligations, of any kind or nature (whether in law or in equity) (collectively, the “Released Liabilities”), which may arise or result (either directly or indirectly) from my participation in the Event. “Releasees” means (A) Stepping Stone, and sponsors of the Event, (B) the owners/lessors of the course or facilities used in the Event, including, but not limited to the (i) State of California; (ii) city San Diego, (C) organizations, officials, volunteers, members of the medical team, and others participating in the Event, and (D) the directors, officers, officials, employees and agents of the entities listed in (A)-(C). For the avoidance of doubt, the Released Liabilities include all bodily injury, death and/or property damage I may suffer which arises or results (either directly or indirectly) from my participation in the Event, including through any negligence of the Releasees. I understand and agree that the provisions of this Section “Waiver and Release” are binding on my heirs, assigns and legal representatives. I hereby expressly waive and relinquish any and all rights, defenses and benefits I may have now or in the future under the provisions of California Civil Code section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
MEDICAL CARE & CONSENT. In the event of injury, accident or illness during the Event, I hereby authorize, and consent to receive, medical care, treatment, first-aid, emergency medical services, and/or rescue efforts (“Emergency Medical Care”). I further authorize the release of my medical status and history to members of the Event’s volunteer medical team and to any third party emergency services or medical care providers in connection with providing Emergency Medical Care. I accept full responsibility for any costs and expenses incurred in providing Emergency Medical Care to me, including but not limited to any hospital or transportation costs off of the Event. I understand that if I have a ride-ending injury or illness and cannot manage my personal care, I will need to leave the Event at my own expense. I understand that Stepping Stone and their respective directors, officers, officials, employees, volunteers and agents may not be “covered entities” (within the meaning of 45 C.F.R. Section 160.103) or “providers” (within the meaning of Section 56.05 of the California Civil Code) and that information I provide to them pertaining to my medical status or history will not necessarily be subject to the limitations on the use or disclosure of “protected health information” or “medical information” imposed on such entities by 45 C.F.R. Parts 160 and 164 and Section 56.01 et seq. of the California Civil Code, respectively. I am physically capable of participating in the Event. I understand that Stepping Stone recommend that (i) I discuss my participation in the event with my health care providers, and (ii) I obtain appropriate medical insurance to cover my participation in the Event.
INDEMNIFICATION. I hereby agree to indemnify, defend and hold harmless the Releasees from all liabilities, claims, costs, expenses, damages, losses and obligations, of any kind or nature (whether in law or in equity) (collectively, the “Claims”), which may arise or result (either directly or indirectly) from my participation in the Event.
SEVERABILITY; GOVERNING LAW; VENUE. This agreement is intended by the parties to be fully severable. If any portion of this agreement is held to be invalid or overly broad, the entire agreement will not be invalidated; rather, the agreement will be deemed modified so as to be applied to the fullest extent permitted by applicable law. This agreement shall be interpreted and enforced under the laws of the State of California without regard to conflict of laws principles thereof and the State of California shall be the exclusive jurisdiction for resolution of disputes under this agreement. Any legal suit, action or proceeding arising out of or relating to this agreement shall be commenced in a federal court in the Southern Districts of the State of California or in state courts in the County of San Diego, and the parties hereto submit to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
ENTIRE AGREEMENT. This agreement sets forth the complete agreement between the parties regarding the subject matter contained in this agreement
CODE OF CONDUCT AND SAFETY GUIDELINES
Safety is our number one priority on The Recovery Ride. Your behavior will affect not only your safety but also the safety of those around you and the perceptions of the communities we ride through. All of our Ride Leaders and Safety personnel are volunteers and are here for your safety. Please follow their direction should they instruct you out on the road today.
All participants must understand and adhere to this Code of Conduct on the event. Violation of any of these rules could jeopardize your participation in The Recovery Ride, the safety of your fellow participants, and the future of the event.
- Bicycles are vehicles under the California Vehicle Code and you are subject to all the rules and regulations of that code. Obey all traffic laws, traffic signals and signs. Ride as far to the right as is safely possible. Ride defensively, predictably and stay alert. Assume car drivers cannot see you.
- Stop at all stop signs and stop lights without exception. When you are on the event, you must make a full stop, ceasing all forward motion and placing one foot on the ground before proceeding.
- Wear your helmet at all times when on your bicycle. This includes while riding in rest stops and parking lots.
- Ride no more than two abreast and leave at least one bike length between you and the rider in front of you. No drafting. No pacelines.
- Communicate your intentions. Use verbal alerts to point out potential vehicle hazards. Use hand signals to indicate right turn, left turn, stopping or slowing. Alert others to potential hazards by pointing and/or calling out in a loud, outside voice.
- Look behind you before passing to make sure it is clear. Pass only when it is safe to do so and pass only on the left. When passing, call out loudly, “On your left!”
- Never wear headphones or ear buds while on your bike. The use of cell phones, iPods, mp3 players, radios, walkie talkies, handheld cameras or video cameras, or any other electronic device is prohibited while riding. Speakers of any kind are also prohibited.
- Control your bicycle: keep at least one hand on the handlebars at all times.
- The Recovery Ride is an alcohol- and drug-free event. Do not consume alcohol or use recreational drugs on the event.
- Eat before you feel hungry and drink before you feel thirsty.
- Emergency Procedures: If an accident occurs requiring emergency medical services, call 911 immediately and direct traffic around the scene. Get the Riders name and wait for emergency personnel to arrive. Do not move an injured person if they are unable to move themselves. Notify you’re a Ride Leader or a safety personnel member.
- Obey instructions of all law enforcement personnel, volunteers and The Recovery Ride staff.
- Keep your bike frame number visible at all times on the route and in bike parking.
- Be courteous and respectful of others. We are a diverse community. Please be thoughtful in your conduct and choices, and sensitive to the feelings of your fellow participants.
Violation of any of the rules stated above could result in one or all of the following:
- Verbal warning
- Suspension for one day
- Written warning
- Expulsion from the event
I agree that I may be expelled from the Event in the sole discretion of The Recovery Ride, and/or their designated Event director with or without cause or warning, and my failure to abide by the rules and regulations in the code of conduct may result in disciplinary action against me up to and including expulsion from the Event without warning.