Liability Waiver and Indemnity Agreement: In consideration of the acceptance of this application for the Bike the Branches event by the Brooklyn Public Library (BPL), its trustees, officers, employees, volunteers and agents, I hereby waive, release and discharge any and all claims for personal injury, death or property damage which I may have hereafter accrue to me as a result of my participating in this bicycling event. This release is intended to discharge, in advance, BPL, its trustees, officers, employees, volunteers and agents from and against any and all liabilities arising out of or connected in any way with my participation in this bicycle event even though the liability may arise out of negligence or carelessness on the part of the persons or entities mentioned above. It is further understood that serious accidents occasionally occur during bicycling events, I hereby agree to assume those risks and to release and hold harmless all of the entities and/or persons mentioned above who might otherwise be liable to me for damages. I assume all risks from contact with other participants and volunteers, negligent or wanton acts of other participants and volunteers, any defects of conditions of road surfaces (including uneven or wet road surfaces or gravel on the road surface), failure of cyclists, vehicles, and non-participants to observe traffic signals or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity. I assume all risk for any and all activities in addition to cycling that I (or my child) engage in throughout the entirety of the Bike the Branches event, including my (or my child’s) safety.
It is understood and agreed that this waiver, release and assumption of risk is binding on my heirs, personal representatives, successors and assigns. I attest and verify that I am a capable, experienced and physically fit bicyclist and prepared to participate in this bicycling event. I understand that although BPL has exercised care to promote the safety of the participants, there are factors present including traffic, other bicyclists, weather, road conditions, animals, etc. whose actions and conditions are beyond their control. I agree to ride in a cautious and prudent manner and not to operate in violation or contravention of any City, State or Federal laws, statutes, ordinances or regulations and shall be personally liable for all fines and penalties for traffic law violations. I accept responsibility for the condition and adequacy of my (and my child’s) equipment. If my child is 14 or under they will wear a helmet which can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet. I further agree that I will supervise and accompany any and all minor children for whom I have cosigned. I also agree to release the use of any photos, slides, videotapes, etc. that might contain the undersigned for future use in promotional and/or informational activities as deemed appropriate by BPL.
WAIVER OF RIGHTS UNDER STATE STATUTES I further agree to waiver of benefits flowing from any state statute which would negate or limit the scope of this Release and Indemnification Agreement. By signing this Release, I certify that I have read this Release and fully understand it and I am not relying on any statements or representations made by BPL.
I am fully aware of the risks connected with participation in Bike the Branches whether specifically listed in this Release or not, and I voluntarily elect to participate in Bike the Branches (and have my child(ren) participate) knowing that this participation involves these risks.