In consideration of the acceptance by the Orthodox Union and NCSY of my application to participate in BikeNCSY, I hereby acknowledge and waive the matters acknowledged and waived in the 2018 Discover Hudson Valley Acknowledgement, Waiver, Release of Liability, Indemnification and Agreement set forth below and which I separately was required to execute in favor of BikeNewYork (the “Bike New York Agreement”) and agree to release and indemnify the Orthodox Union and NCSY and their respective subsidiaries, affiliates, and all past and present directors, trustees, officers, employees, agents, volunteers, contractors and representatives of the foregoing (“RELEASEES”) as if such RELEASEES were RELEASEES under the Bike New York Agreement and to the same extent as RELEASEEES are released and indemnified under the Bike New York Agreement.
The Bike New York waiver, that may be set forth below:
2018 Discover Hudson Valley Acknowledgement, Waiver, Release of Liability, Idemnification and Agreement
In consideration of the acceptance of my application for participation in the Discover Hudson Valley Ride presented by the City of Poughkeepsie, the Hudson Valley Rail Trail, the Town of Lloyd, Tony Williams Park, NY State Office of Parks, Recreation and Historic Preservation, Walkway Over the Hudson State Historic Park, and Dutchess Tourism on June 24th 2018 (the “Tour”) by Bike New York, Inc. (“Bike New York”), I agree to the following:
Risks Involved in Participation I acknowledge that the Tour contains risks, including but not limited to the risks of falling, collision with other bicyclists, bicycles, motor vehicles, pedestrians or stationary or moving objects, surface hazards, including pot holes and gratings, the conditions of the road, equipment failure, inadequate or misused safety equipment, the use of equipment provided by the tour or others, weather conditions, my own negligence and the negligence of others. My participation is voluntary and done at my own risk. I voluntarily assume all risks of loss, damage, death or injury that may be sustained while participating in the Tour. I attest that I am sufficiently trained for participation and completion of the Tour. I recognize that an event of this nature can be physically demanding. I acknowledge Bike New York's recommendation that I consult with a physician regarding the advisability of my participation in this activity. I understand that serious accidents occasionally occur during the Tour, and that participants in this event may sustain mortal or serious injury as a consequence thereof. Nevertheless, I agree to assume these risks. Equipment and Helmets I am responsible for providing a bicycle for use in the Tour and for ensuring that such bicycle is in a good mechanical condition. I attest that the equipment that I will use in the Tour is in good mechanical condition. I understand that bicycle helmets may (but do not always) prevent serious injury, and i agree to wear one while participating in the tour. Release and Waiver I hereby unconditionally RELEASE, WAIVE and AGREE NOT TO SUE Bike New York, the City of Poughkeepsie, the Hudson Valley Rail Trail, the Town of Lloyd, Tony Williams Park, NY State Office of Parks, Recreation and Historic Preservation, Walkway Over the Hudson State Historic Park, Dutchess Tourism and all other sponsoring or participating entities, governmental agencies, businesses and organizations, and their respective subsidiaries, affiliates, parent companies, and all past and present directors, trustees, officers, employees, agents, volunteers, contractors and representatives of the foregoing (collectively, “Releasees”, each individually, “Releasee”), from all liability and all claims of any kind – including but not limited to for damages, death, personal injury or loss of property – resulting from, arising out of or connected in any way with my participation in the Tour, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERS, to the maximum extent permitted by law. In addition, I waive my insurers’ right to make a claim against Releasees based on payments by insurers to me or on my behalf for any reason. I acknowledge this means my insurers have no rights of subrogation against the Releasees. I will not initiate, participate in or assist anyone in connection with, any claim, lawsuit, court action or other legal proceeding or demand, whether currently known or unknown, whether anticipated or unanticipated, against Releasees, in connection with the Tour, and I waive any right I may have to do so. Indemnification Without limiting the effectiveness in any way of the release, waiver and covenant not to sue provided in this document, I will indemnify, hold harmless and reimburse Releasees from and for all damages, losses, costs or expenses (including legal fees) incurred or paid by Releasees to any person (including me or my insurers) in respect of any accident, injury (including death), loss or property damage, however caused, resulting from, arising out of or otherwise in connection with my participation in the Tour. Medical Treatment and Records I understand and agree that medical or other services rendered to me by or at the insistence or recommendation of Bike New York or any of the Releasees is not an admission of liability or an agreement to provide or to continue any such services, and is not a waiver by any Releasee of any right hereunder. I consent to emergency medical treatment and transportation as medical professionals may deem appropriate in the event I suffer an injury arising out of my participation in the Tour. This document extends to any liability arising out of or in any way connected with the medical treatment or transportation provided in the event of such injury. If I am injured, I am responsible for my own medical expenses. The Rules of the Tour I agree to comply with the rules of the Tour as established by Bike New York and to obey the directions of the officials. I agree to wear the 2018 rider bib and to attach the bike plate to my handlebars to identify myself as a registered participant. I agree that, to the fullest extent permitted by applicable law, the payment submitted in connection with my application for participation in the event is not refundable, deferrable or transferable under any circumstances, including cancellation of the event. Bike New York reserves the right to reject any entry and to disqualify, bar or remove any individual from the Tour. Reasons for this action may include but are not limited to: violation of the rules of the Tour, unsafe conduct, abusive behavior, non-payment of Tour fees, participating without an official vest rider bib or bike plate, participating with an official vest rider bib or bike plate assigned to another person, transferring or attempting to transfer an official rider bib or bike plate to, or to obtain such items from another person, and providing false information on the Tour entry form(s) or to the Tour at any time including during the registration process. Individuals disqualified from the Tour may be barred from future Tours and other Bike New York events. Intellectual Property Rights I hereby irrevocably grant full permission to Bike New York, its partners, sponsors, service providers and its and their affiliates and subsidiaries, and all of their photographers, licensees, representatives, agents and service providers to use photographs, videotapes, motion pictures or any other record of this event, that include me and my name, likeness and/or voice, for legal promotional activity or any other legitimate purpose, in each case without compensation to me, and I further irrevocably grant such parties full permission to perpetually use, edit, reproduce, transmit, distribute, publish, display and/or perform, in whole or in part and without the need for paying a royalty or other compensation, any of those photographs, videotapes, motion pictures or records of the event that include my name, likeness, voice, statements and general biographical information (e.g., residence city and state or province) (collectively, “Authorized Materials”), singularly or in conjunction with other photographs and recordings, for advertising, publicity, commercial or any other business purposes without limitation as to time, territory or medium. I hereby waive all rights to review or approve the use of the Authorized Material and I hereby release Bike New York, and their affiliates and subsidiaries from any and all claims and demands arising out of their use of the Authorized Materials, including claims for defamation, violation of rights of privacy or publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress, or any similar claim or cause of action, in tort, contract, or otherwise, now or hereafter known in any jurisdiction throughout the world. I represent and warrant that the rights granted to and use of the Authorized Materials as contemplated hereunder do not, and will not, violate any right of, or conflict with or breach any contract with, any person or entity. Further, I hereby consent to the sharing of my first name, last name, gender, and country of origin by Bike New York. Severability Should any portion of this document be judicially determined invalid, voidable or unenforceable for any reason, such portion shall be severable from the remaining portions and the invalidity, voidability or unenforceability thereof shall not affect the validity, effect, enforceability or the interpretation of the remaining provisions. Headings in this document shall not limit the meaning of any provision. Consent; Scope of Document I consent to this document and agree that its terms shall likewise bind me, my heirs, executors, administrators, legal representatives and assignees. I understand that this is an important legal document in which I give up legal rights and remedies I would otherwise have and this document applies to all activities at the Tour, regardless of whether specifically listed above or not. I hereby state that I am authorized to make this decision and I have read and understand this document.
Any pictures taken during Bike NCSY 2018 are subject to be used on social media and promotional items.