AGREEMENT, WAIVER & RELEASE OF LIABILITY

Orange City Tulip Festival Road Race/Tour de Tulips bike ride

I, the undersigned, know and understand that the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and its related events involve potentially hazardous or dangerous activities and conditions. I attend and/or participate in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and all related events out of my own free will and choice. In choosing to attend and/or participate in the Orange City Tulip Festival Road Race and any related events, I FULLY ACCEPT AND ASSUME ALL RISKS, whether before, during or after the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and its related events, whether or not an event is listed herein. These include, without limitation, physical injury, mental injury, emotional distress, trauma, sickness, illness, death, contact with others, damage to personal property, acts by spectators, participants or third persons, equipment failure or defective equipment, inadequate safety equipment, the effects of weather including extreme temperature or conditions, traffic, contact with motor vehicles of all types and descriptions, collision with other persons or fixed objects, the conditions of and/or design and other defects in the road and facilities, including campgrounds, all risks along the route, risks of crime, violence, terrorism or acts of terror, the possibility that the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and any related events may be postponed, ended early, or cancelled altogether by government officials and/or event organizers, and the negligence of others, including, without limitation, those persons organizing, sponsoring, volunteering or participating in the Orange City Tulip Festival Road Race and/or events occurring in connection with it. I am aware that the risk of injury or death is always present in running and biking and the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and its attendant events and that this risk cannot be eliminated by the Orange City Tulip Festival Road Race/Tour de Tulips bike ride organizers, sponsors, volunteers or the government or private entities that plan, host or assist in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride events. I know and accept that running and biking, road and other accidents may result from the failure for any reason (including negligence) of the Orange City Tulip Festival Road Race/Tour de Tulips bike ride organizers, sponsors, volunteers or the government or private entities that plan, host or assist in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride events to assess or correctly determine the conditions and safety of the road, surface, route or weather or to predict where or when an accident might occur. All risks are known, appreciated and assumed by me, and I waive any and all specific notice of the existence of them and further waive the obligation, if any, that any other person or entity has to advise or warn me of them. I assume liability for and agree to pay my own medical and emergency expenses in the event of injury, illness, or other incapacity regardless of whether I authorized such expenses. I authorize the use and release of personal and medical information in connection with any medical services provided to me.

I realize that the Orange City Tulip Festival Road Race/Tour de Tulips bike ride events require physical conditioning. I represent that I am in sound medical condition and capable of participating in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride events without risk to myself or others. I have no medical impediment that would endanger myself or others. I understand that a situation may arise during the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and related events that may be beyond the control of the sponsors, promoters, volunteers, organizers, the government and private entities or others that plan, host or assist in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and all related events, or may arise from negligence by them, and I accept and assume all risks of participation and/or attendance. I realize that the Orange City Tulip Festival Road Race/Tour de Tulips bike ride events may require a degree of skill and knowledge. I represent that I have the degree of skill and knowledge necessary for me to engage in these activities safely. I understand I am solely responsible for the condition and adequacy of my bicycle, safety gear and equipment. I will ride safely within the limits of my own abilities, my equipment and the riding conditions and in a manner that does not endanger myself or others.

Knowing these facts and in consideration of my entry acceptance, admission to and/or participation in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and its related events, I for myself, spouse, children, heirs, next of kin, executors, assigns and anyone acting on my behalf, RELEASE, WAIVER, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD Friends of the Festival, Orange City Tulip Festival and City of Orange City, subsidiaries and affiliated entities; Orange City Tulip Festival Road Race/Tour de Tulips bike ride sponsors and participating clubs, communities and organizations; Orange City Tulip Festival Road Race/Tour de Tulips bike ride officials, emergency and support personnel, volunteers and their representatives; persons and entities that provide event planning, recommendations, advice or services relating to matters such as, but not limited to, route selection, design or maintenance, risk management, safety and first aid; all property owners, law enforcement agencies and governmental or public entities, including without limitation the State of Iowa, its counties, cities and special districts; and the officers, directors, employees, representatives, agents, and successors and assigns, of all of the above, HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, INJURIES, COSTS, EXPENSES, LIABILITIES, CLAIMS, DEMANDS AND ACTIONS OF ANY AND EVERY KIND, INCLUDING,BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE, I have, may have or may hereafter accrue against the released parties directly or indirectly arising out of or relating in any respect to my attending or participating in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and/or any related events. Without limiting the foregoing, my waiver and release of all losses, damages, costs, expenses, claims, demands, actions and liabilities shall include without limitation, any personal injury, accident, illness or death and any property damage or loss that may be: (a) caused by any act, or failure to act, by the above-identified persons and entities, including without limitation, their negligence, errors, omissions, fault, failure to enforce rules, and/or conditions of the routes and/or event premises, and/or (b) sustained by me before, during or after the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and its related events. I acknowledge that I am signing this Agreement freely and voluntarily and INTEND BY MY SIGNATURE FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I further acknowledge that no representations, promises, statements or inducements have been made to me other than as set forth in this document. I will abide by all the Orange City Tulip Festival Road Race/Tour de Tulips bike ride rules and regulations. I understand that my name, address, photograph, voice and/or likeness may be used in news, promotional or advertising content in all media forms created or distributed by the Orange City Tulip Festival. I consent to such uses and waive any rights of privacy or publicity I may have in connection with those uses. I also waive any privacy rights that may result from disclosure of information about me, including without limitation, in connection with provision of any medical services by the Orange City Tulip Festival Road Race/Tour de Tulips bike ride sponsors and organizations. I further agree to indemnify, defend and hold the parties released above harmless from and against any and all losses, damages, injuries, claims and expenses, including attorneys’ fees, that are incurred by the parties released above arising from or relating in any respect to my attendance and/or participation in Orange City Tulip Festival Road Race/Tour de Tulips bike ride and/or its related events, including without limitation, my acts or failures to act, negligence, or my breach of this Agreement. If I am a minor, my parent or guardian also is signing on my behalf. We both agree to be bound by the terms of this Agreement, waiver and release. I also waive all spousal claims relating to the Orange City Tulip Festival Road Race/Tour de Tulips bike ride, if any, that I hold or that may arise through me. I agree that no modifications or amendments to the standard Entry Form and this waiver and release shall be binding unless they are accepted in a separate writing signed by the Director of Orange City Tulip Festival.

All matters arising out of this Agreement and my participation in the Orange City Tulip Festival Road Race/Tour de Tulips bike ride and any related events shall be governed by the laws of the State of Iowa, without regard to choice of law principles, and shall be within the exclusive jurisdiction of the state and/or federal courts located within Sioux County in the State of Iowa, and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein. If any term of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, then all other terms of this Agreement will nevertheless remain in full force and effect, and such term automatically will be amended so that it is valid, legal and enforceable to the maximum extent permitted by applicable law, but as close to the parties’ original intent as is permissible. This Agreement represents the entire agreement of the parties and supersedes any and all prior agreements with respect to the Orange City Tulip Festival Road Race/Tour de Tulips bike ride ride and events.