2026 FOXY'S FALL CENTURY RIDE Waiver of Liability, Assumption of Risk, Indemnity, and Parental Consent Agreement (the “Agreement”)
IN CONSIDERATION of being permitted to participate in any way in Davis Bike Club ("Club") sponsored cycling activities, including the FOXY'S FALL CENTURY RIDE ("Activity") I, for myself, my personal representatives, assigns, heirs, next of kin, executors, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”) do hereby agree as follows:
1. I ACKNOWLEDGE, AGREE and REPRESENT that I understand the nature of cycling activities and that I am qualified, in good health, and in proper physical condition to participate in the Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected. I further agree and warrant that if, at any time, I believe conditions to be unsafe or I do not feel that I should continue participating in the Activity for any reason, then I will immediately discontinue further participation in the Activity.
2. I FULLY UNDERSTAND that (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING VIRAL INFECTIONS, BACTERIAL INFECTIONS AND OTHER COMMUNICABLE DISEASES AND ILLNESSES, PERMANENT DISABILITY, PARALYSIS AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS, INCLUDING WITHOUT LIMITATION, SOCIAL AND ECONOMIC LOSSES IN ADDITION TO ANY PHYSICAL RISKS, either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH KNOWN AND UNKNOWN RISKS (examples include, without limitation, dangers associated with man-made and natural obstacles; the dangers of collision with pedestrians, vehicles, other riders, animals, fixed or moving objects; the dangers arising from surface hazards, including pot holes, road debris, equipment failures, inadequate safety equipment, use of equipment, services and/ or materials provided by the Club or others, the Releasees’ own negligence, the negligence of others and weather conditions; and the possibility of serious physical and /or mental trauma or injury or death associated with the Activity) AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity, including, but not limited to, loss or theft of, or damage to, my bicycle and any other equipment I bring to the Activity, or arising out of my participation or association with the Activity, or my travel to or from the Activity and any surrounding event connected thereto.
3. I RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, the League of American Wheelmen, Inc. d/b/a League of American Bicyclists (“LAB”), the jurisdictional agencies where the Activity occurs, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, the Counties of Yolo, Solano, and Napa and, if applicable, owners and lessors of premises where the Activity takes place, (collectively "RELEASEES") FROM ANY and ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I or anyone on my behalf, makes a claim against any of the RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
4. I FULLY UNDERSTAND AND AGREE TO WAIVE THE PROVISIONS OF California Civil Code section 1542 which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I knowingly and voluntarily waive the rights and protections of California Civil Code section 1542 and agree that this Agreement applies to all claims released by this Agreement, including claims I do not know or suspect to exist at the time I sign it.
6. I UNDERSTAND and AGREE that as a convenience, the Club may, from time to time, make various over-the-counter medications, including acetaminophen (Tylenol), ibuprofen (Motrin, Advil), antihistamines, antacids, antibiotic ointment for wounds, and sunscreen available to Riders while supplies last. Anyone using these medications does so at their own discretion and risk. These medications are offered solely for Riders’ convenience and by making them available, the Club is not providing any medical recommendations or endorsements regarding the need for or suitability of these medications for any Riders. Riders are advised to use their own best judgment and to consult a healthcare professional before taking any medications. Releasees assume no responsibility for any adverse reactions or outcomes resulting from using these medications.
7. I KNOWINGLY AND VOLUNTARILY GRANT the Club permission to use my likeness in any photograph, image, film or video taken of me (“Images”) in any and all of Club’s publications, including website entries, without payment or any other consideration. I understand and agree that the Images are the property of the Club and will not be returned. I hereby irrevocably authorize the Club to edit, alter, copy, exhibit, publish or distribute any of the Images for purposes of publicizing the Club’s programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the Images, including written or electronic copy, wherein I or my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the Images in which I appear. I hereby hold harmless and release and forever discharge the Releasees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
8. I ACKNOWLEDGE, UNDERSTAND AND AGREE that all entry fees paid to the Club for the Activity are NON-REFUNDABLE. The Club reserves the right to postpone or cancel the Activity due to circumstances beyond the Club’s control such as a natural disaster, emergency or as required to protect the safety of the Riders, staff or volunteers. No refunds will be issued under these circumstances. The Club reserves the right to change the details of the Activity, including the routes of the FOXY'S FALL CENTURY RIDE without prior notice.
I AM 18 YEARS OF AGE OR OLDER, HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
