2016 Not Superman Rally – Iron Butt Association 50CC Quest Gold (hereinafter “IBA 50CC Gold”) Disclaimer, Release, Waiver of Liability and Indemnity Agreement
I, the undersigned rider, acknowledge and understand that the IBA 50CC Gold Certificate Ride is a long distance motorcycle endurance ride from New York City to San Francisco. I am participating in the IBA 50CC Gold voluntarily, and agree to hold no one but myself accountable for any damages, losses, injuries, or death which may arise as a result of participation in this event.
I understand the IBA 50CC Gold is not a race and excessive speeding will not be tolerated. I further understand that motorcycling is an inherently dangerous activity which should only be undertaken by competent, experienced individuals. I acknowledge that, during the course of the IBA 50CC Gold, I will almost certainly be subjecting myself to hazards above and beyond those encountered in everyday motorcycle-related activities. I accept full and complete responsibility for my own safety during the ride. I am fully aware that motorcycling under the best of conditions, let alone adverse road, light, weather, rider, and traffic conditions is inherently dangerous, and could result in injury or death. I knowingly and voluntarily accept these risks, and the responsibilities, which I may incur or which I may cause to another, as a condition of participation in the IBA 50CC Gold, and hereby waive any and all claims I have or may have against the IBA 50CC Gold, its organizers, agents and participants as a result of my participation in the IBA 50CC Gold. I further agree to defend, indemnify and hold harmless the IBA 50CC Gold, its organizers, sponsors, volunteers, agents and participants from all claims asserted against them by third parties arising out of my conduct during the rally.
NOW, THEREFORE, IN CONSIDERATION for being permitted to participate in the 2016 IBA 50CC Gold, THE UNDERSIGNED:
- HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the IBA 50CC Gold organizers; NSR staff, including, but not limited to James C. Puckett and Susan M. Puckett; IBA 50CC Gold sponsors; IBA 50CC Gold volunteers, all for the purpose herein referenced to as "releases," from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in injury to or the death of the undersigned, whether caused by the negligence of the releases or otherwise while the undersigned is participating in the IBA 50CC Gold;
- FURTHER AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage, or cost (including attorney's fees) they may incur due to the presence of the undersigned participating in the IBA 50CC Gold and whether caused by the negligence of the releases; the enforcement of any terms of this agreement; or otherwise;
- FURTHER AGREES that in order to participate in this event, the undersigned rider must provide or present a valid operator's license and proof of personal injury and property damage liability insurance coverage in such amounts as may be required by the releases;
- FURTHER AGREES that while participating in the IBA 50CC Gold, he or she will not ride while under the influence of alcohol, drugs, caffeine tablets or any substance which affects the ability to operate or control his or her vehicle;
- FURTHER AGREES that he or she will not use or operate any vehicle in violation or contravention of any City, County, State or Federal laws, statues, ordinances, or regulation and shall be personally liable for all fines and penalties for traffic law violations;
- FURTHER AGREES to wear minimum safety apparel as required by state law(s). Minimum safety apparel for these purposes may include a Department of Transportation-approved safety helmet. Rider and passengers are strongly advised to wear a helmet whether required by law to do so or not, and are strongly advised to wear glasses, goggles or a face shield and additional protective outerwear such as gloves, long-sleeved protective jacket, boots and long protective trousers, or protective riding suit while participating in the IBA 50CC Gold. RIDER ACKNOWLEDGES AND UNDERSTANDS that failure to wear proper safety apparel may result in the rider's injury or death;
- FURTHER AGREES that he or she will not enter and ride unless he or she is medically able and properly conditioned and trained for the competition; and
- FURTHER AGREES that he or she grants full permissions to the organizers, sponsors, volunteers, and agents authorized by them, to use any photographs, videotapes, motion pictures, sound recordings, or any other record of this event for any purpose, be it promotional for remuneration to the aforementioned parties, without financial or other compensation or royalties to the event participant named herein.
- HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releases or otherwise while participating in the event.
- ACKNOWLEDGES that he or she will be required to sign this Release and Waiver of Liability and Indemnity Agreement at the Riders Meeting at the Red Roof Inn Edison, 860 New Durham Road, Edison, NJ on September 9, 2012 anytime between 1:30 PM CDT and 5:30 PM.
- The validity, interpretation and performance of this Agreement shall be construed and interpreted according to the laws of the State of Missouri. Any action under this Agreement shall be brought only in St. Louis County, Missouri, and venue shall be proper in said County. The parties agree to waive any right to a jury trial.
- This agreement and each and every one of the terms and conditions hereof shall be for the benefit of and binding upon the parties hereto, their respective heirs, personal representatives, successors and assigns.
THE UNDERSIGNED expressly acknowledges and agrees that activities associated with the event are dangerous and involve the risk of serious injury, death and/or property damage. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by any city, county, state, or federal jurisdiction through which THE UNDERSIGNED might pass during his or her participation in the IBA 50CC Gold .
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
Signed by me, this 9th day of September 2016: