I acknowledge that by signing this document, I am releasing Vision Quest, LLC (dba Vision Quest Coaching Services) and Vision Quest Franchising, LLC (collectively, "VQ"), and their respective owners, affiliates, coaches, officers, agents, sponsors, and employees (collectively, the "Releasees") from liability as provided below. This document is a contract with legal consequences. I have been advised to read it carefully before signing. In consideration of my participation in the event involving VQ (including, without limitation, Taste of VQ, On Your Left, cycling practices, swimming practices, running practices, training camps, performance tests and races (including indoor Computrainer races), as the case may be) (individually an "Activity"), I hereby freely agree to and make the following contractual representations and agreements:
I acknowledge that cycling, swimming, running and all other Activities are inherently dangerous. I fully realize the dangers of participating in such Activity and fully assume the risks associated with such participation including, by way of example and not limitation, the dangers of collision with pedestrians, vehicles, other cyclists, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment, the Releasees' own negligence, and weather conditions; and the possibility of serious physical and/or mental trauma, adverse health incidents (such as heart attack and the like), property damage, injury or death associated with such endeavors. I acknowledge that my participation in the Activity may also result in property damage to property I own or the property of third parties (including any property damage, or lost property, associated with VQ transporting bicycles or other equipment to and from the Activity).
I certify that I am physically fit, have sufficiently trained for participation in strenuous physical activities, and have not been advised otherwise by a qualified medical person. I understand that it is my responsibility to reduce the intensity or stop such exercise when it would be reasonable to do so. I acknowledge that none of the Releasees are trained medical professionals.
For myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, "Successors"), I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue the Releasees from any and all rights and claims (including claims arising from the Releasees' own negligence), which I have, known or unknown, or which may hereafter accrue to me, and from any and all damages (including property damage) which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in the Activity, or travel to or return from any such Activity.
I understand and agree that situations may arise during the course of the Activity that are beyond the immediate control of any of the Releasees, and I must not continually engage in the Activity so as to either endanger others or myself. I accept responsibility for the condition and adequacy of my equipment. I will cycle at all times wearing a cycling helmet that can protect against serious head injury, and assume all responsibility and liability for the selection and adequacy of such helmet. I have no physical or mental conditions, which, to my knowledge, would endanger others or myself if I participate in the Activity.
In the event of a medical emergency, I authorize any of the Releasees to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care, and I agree that I will be solely responsible for payment of any and all such medical treatment. I certify that I carry paid up health and accident insurance coverage that will be in effect during the Activity.
I agree for myself and my Successors that the above representations and agreements are contractually binding and are not mere recitals and that should I or my Successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including reasonable legal fees and costs) incurred by the other party or parties in defending, unless the other party(ies) are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any subsequent waiver or modification.
Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.