By ticking agreement to the T&Cs, you are confirming that you are a competent swimmer, prepared to swim or run on my own without supervision and acknowledge that neither Sarah Hoare, The Kaiser Challenge, West Country Water Park or its employees hold any responsibility for any accident that may occur whilst using the premises for swimming or running. I do not suffer from any medical conditions unless highlighted in my sign up details
These General Terms and Conditions (the "Agreement") are being entered into between me, the undersigned Participant, Sarah Hoare and the Kaiser Cardiomyopathy Challenge. I am signing this Agreement in connection with my participation in the Kaiser Cardiomyopathy Challenge. This Agreement is hereby incorporated into, and forms a material part of, my Registration Form. In consideration of my participation in the Kaiser Cardiomyopathy Challenge, I, the undersigned Participant, do hereby acknowledge and agree in full to the following terms and conditions.
Representations and Release
By signing this Agreement, I hereby represent to Sarah Hoare and the Kaiser Cardiomyopathy Challenge as to each of the following statements. I have read, understand and irrevocably agree to all of the terms and conditions of my Registration Form, the Cycling Tour and this Agreement:
1. I am at least 18 years of age.
2. I understand that the Kaiser Cardiomyopathy Challenge will require physical conditioning. I represent that I am in sound medical condition capable of participating in the Challenge and that I do not currently suffer from, nor to I expect to suffer from, any physical or mental condition that would impair my ability to fully and safely participate in the Challenge and all related services and activities. I have not been advised against participation in the Challenge by a qualified health professional. I agree I will be solely responsible for (i) my health and safety; and (ii) the condition and adequacy of my bicycle and riding equipment. I will ride safely within the limits of my own abilities, my equipment and the riding conditions.
3. I agree to abide by all verbal and written rules and regulations of the Kaiser Cardiomyopathy Challenge including the requirement to wear a bike helmet, and to obey all traffic laws, generally accepted rules of safety and behaviour (both on and off the bicycle), and other applicable laws, rules and regulations. I will at all times respect the rights and privacy of other participants of the Challenge and will not engage in any illegal or inappropriate behaviour with respect to any other participants.
4. I understand that the Kaiser Cardiomyopathy Challenge will involve travel and activities that are inherently dangerous and that travel of any sort may result in illness, injury or death which may be caused by, or result from, my own negligence, actions or failure to act of others, including other participants of the Challenge and/or the agents of the Kaiser Cardiomyopathy Challenge. I understand the inherent and potential dangers associated with the Challenge and adventure travel including, but not limited to, risks associated with transportation and failure of performance by third parties, risks of physical exertion for which I may or may not be prepared, consumption of alcohol, medications or drugs, natural events or other causes, delays, weather, road conditions, vehicular traffic, food or water, altitude, equipment failures, errant or wild animals, lost, stolen or vandalized property, illness or other medical conditions. I understand that medical services or facilities may not be readily available or accessible during the Challenge and acknowledge that I will be solely responsible for obtaining and paying for any medical treatment required at any time during the Challenge. I further understand and agree that enjoyment of the Kaiser Cardiomyopathy Challenge is derived, in part, from the potential risks associated with these types of activities and travel and I voluntarily participate in each of them of my own free will and choice. In choosing to participate in the Challenge, I fully accept and assume all risks.
5. Acknowledging such risk exists, I HEREBY FOREVER IRREVOCABLY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS SARAH HOARE, THE KAISER CARDIOMYOPATHY CHALLENGE, ITS OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, VENDORS, GUIDES, VOLUNTEERS and the respective successors and assigns of all of the foregoing (collectively, "Releasees") from any and all lawsuits, claims, damages, losses, liabilities, costs, personal injury or property damage or death (collectively, "Losses") I may suffer or incur directly or indirectly arising out of or relating in any respect to my attending or participating in the Challenge or any activities, travel, products or services provided by any Releasees in connection therewith. This waiver and release shall include, without limitation, any Losses which may be (a) caused by any act, or failure to act, by Releasees even if any Losses result from the negligence of any or all of the Releasees; or (b) sustained by me before, during or after the Challenge.
6. I agree to indemnify, defend and hold harmless Releasees, and each one of them, for all Losses, including, without limitation, legal fees and costs, arising from or relating in any respect to my participation in the Challenge or my breach of this Agreement. This provision will apply regardless of whether or not the Losses, legal fees and/or costs arise out of the negligence of any of the Releasees. I agree that this Agreement shall be legally binding upon me personally, all members of my family and all minors travelling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this Challenge and to release Releasees from any and all liabilities to the maximum extent permitted by law.
As part of the this Agreement, and for no additional consideration or agreement, I hereby consent to the Kaiser Cardiomyopathy Challenge, use of my name, image and likeness, for promotional purposes, including, without limitation, photographs and video arising out of my participation in the Challenge.
Disclaimer; Limitation of Liability
I HEREBY ACKNOWLEDGE THAT THE KAISER CARDIOMYOPATHY CHALLENGE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE CHALLENGE, ANY PERSONAL RESULTS THEREOF, AND ANY MATERIALS, PRODUCTS OR SERVICES OFFERED BY THE KAISER CARDIOMYOPATHY CHALLENGE OR ANY THIRD PARTIES IN CONNECTION THEREWITH. THE KAISER CARDIOMYOPATHY CHALLENGE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE KAISER CARDIOMYOPATHY CHALLENGE BE LIABLE TO ME FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE KAISER CARDIOMYOPATHY CHALLENGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
I understand that the Kaiser Cardiomyopathy Challenge reserves the right to refuse as a Challenge participant, or remove from the Challenge, any person it judges in its sole and absolute discretion to be incapable of meeting the rigors and requirements of participating in the activities, or who it determines to detract from the enjoyment of the Challenge by others or for any other reason in its sole and absolute discretion. The Kaiser Cardiomyopathy Challenge reserves the right to make route, trip and other modifications as required or desirable to improve the challenge quality and/or to accommodate the comfort and well-being of participants. This Agreement shall be governed and interpreted in accordance with the laws of the United Kingdom without reference to conflict of laws principles or any other laws, rules, regulations or statutes that may result in the application of the laws of any jurisdiction other than the UK. By signing this agreement, the parties hereby consent to the personal jurisdiction and venue of these courts. This Agreement may not be amended except by a writing signed by all parties hereto. Neither this Agreement, nor any of the terms or conditions hereof, may be assigned or transferred by me without the prior written consent of the Kaiser Cardiomyopathy Challenge. This Agreement shall survive notwithstanding completion of the challenge or any termination or cancellation thereof, or removal of my participation therefrom, regardless of the reason.
Knowing and Voluntary Execution
This Agreement is the complete and exclusive agreement between me, Sarah Hoare and the Kaiser Cardiomyopathy Challenge with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by all parties. I have carefully read and fully understand the contents and legal ramifications of this Agreement. I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect