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Please review the Waiver Release & Liability prior to registering for the Empire State Ride.

 

In consideration of my participation in The Empire State Ride, including any programs and/or events associated with The Empire State Ride (collectively the “Ride”), I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE any of the following entities: Roswell Park Cancer Institute (“RPCI”); the Roswell Park Alliance Foundation (the “Alliance”); Health Research Inc., Roswell Park Division (“HRI”); the New York State Department of Health; Biketernity, LLC; all counties, cities, townships, police departments, and fire departments that are involved in the Ride; the Ride affiliates, sponsors, and promoters; all employees of RPCI, the Alliance, and HRI; and/or all volunteers, training leaders, and other persons and entities associated with the Ride (collectively the “Indemnitees”) for any and all present and future claims, including those resulting from ordinary negligence, for any property damage, personal injury, death, and/or illness that I might suffer during the Ride.

 

I also waive any and all claims, including those resulting from ordinary negligence, that may be made by me and/or my heirs, executors, administrators, and/or other personal representatives and/or assigns, in connection with the Ride. I attest that I am physically fit, healthy, and cognitively able to participate in the Ride, and that I have not been advised otherwise by a qualified medical professional.

 

I understand that persons under the age of 18 are prohibited from participating in the Ride unless they are participating with a parent or guardian.

 

I understand that the Ride will be broken into four routes; (1) the full Ride route starting in New York City, New York and ending in Niagara Falls, New York (the “Full Route”); and (2) three partial Ride routes starting in Albany, New York and ending in Utica, New York; starting in Syracuse, New York and ending in Rochester, New York; and starting in Rochester, New York and ending in Niagara Falls, New York (the “Partial Routes”). I understand that it is my choice to determine whether I will be participating in the Full Route or one of the Partial Routes.

 

I understand that I will be using public streets and facilities where many potential hazards exist, and I am aware that accidents and/or injuries may occur during the Ride. I am participating in the Ride with knowledge of all such risks, and I expressly agree and promise to accept and assume all of the risks associated with the Ride.   I understand that my participation in the Ride is purely voluntary. I agree to wear a Consumer Product Safety Commission (“CPSC”)-certified helmet while participating in the Ride. I understand that I am solely responsible for my personal health, safety, and property at all times during the Ride.

 

I agree to abide by all Ride rules, regulations, and instructions, and all applicable local, state, and federal laws. I consent to receive medical treatment should an injury, accident, illness, and/or any other similar circumstance occur during the Ride in which treatment is deemed necessary by a qualified medical professional.

 

If I observe any unusual hazard and/or physical ailment that may hinder my participation in the Ride, I will remove myself from Ride participation, and will notify Ride representatives immediately. I agree that Ride representatives reserve the right to remove me from, or refuse my admission to, the Ride if, in their sole discretion, they believe that continued participation presents a health and/or safety risk.

 

I understand that all donations made by me which are processed by the Alliance are non-refundable and non-transferable, even if I do not participate in the Ride. I also understand that the registration fee is non-refundable, non-transferable, and is not tax deductible. I understand that each Ride participant participating in the Full Route is required to raise a minimum of $3,500.00, that each Ride participant participating in any one the Partial Routes is required to raise a minimum of $750.00.  I understand that pledge minimums are due no later than the day of the Ride.

 

I grant full permissions to the Indemnitees to use the names, photographs, and videography of, and any quotations from, me in accounts of, and promotions, publicity, marketing, and/or advertising for, this Ride and/or future rides.

 

I consent to receiving emails about the Ride, including confirmation of my registration.

 

Should the Ride and/or the Indemnitees and/or or anyone else acting on the Ride’s behalf be required to incur attorney’s fees and costs to enforce this Waive & Release of Liability, I agree to indemnify and hold them harmless for all such fees and costs.

 

I certify that I have adequate insurance to cover any injury and/or damage that I may cause and/or suffer while participating in the Ride, or else I agree to bear the costs of such injury and/or damage. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

 

I agree that if any portion of this Waive & Release of Liability is found to be void or unenforceable, that the remaining portions shall remain in full force and effect.

 

I have carefully read this Waiver & Release of Liability, as well as the “Safety Guidelines & Considerations” associated with the Ride, and fully understand their contents. I am aware that by checking “Yes I agree” online to this Waiver & Release of Liability, that I am certifying that I am at least 18 years of age or older, and that I am voluntarily agreeing to the terms of this Waiver & Release of Liability, including waiving certain legal rights of mine. Knowing this, I agree to these terms, and to waive such rights, of my own free will.