Low Gap: Grasshopper #1 Event Participant Waiver

Grasshopper Adventures Waiver:
THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (this "Agreement") is made, as of the date of Participant's signature below, by Participant, for the benefit of Hopper Adventures LLC, Michael "Miguel" Crawford, and each sponsor (each a "Released Party") of the Grasshopper Adventure Series (the "Event"). Notwithstanding the foregoing, The term Released Party shall be deemed to include all of the Event's volunteers and (as applicable) each Released Party's family, heirs, successors, assigns, officers, officials, employees, volunteers, directors, members, managers, and agents.
NOW, THEREFORE, in consideration of the foregoing recital and mutual covenants and conditions contained herein, Participant hereby agrees as follows:
Assumption of Risks. "Activities" means the Event, and each and every activity arising from or related to the Event including, but not limited to: participating, in any capacity, in the Event; bicycle racing; bicycle riding and racing on a course open to the public and other uses including, without limitation, motor vehicle traffic, and logging and related activities; traveling to and from the Event; cycling related activities; running; walking; watching the Event; attending Event related activities, attending Event related social activities; assisting with the Event as a volunteer or otherwise; assisting other Event participants; traveling between Event locations; driving or riding in or on support vehicles (including but not limited to cars, trucks, scooters, motorcycles, bicycles, and aircraft); loading, unloading, and handling of bicycles, equipment, materials, and supplies; and loading, unloading, and handling of Event related equipment, materials, and supplies. Participant fully acknowledges that the Activities are inherently dangerous and, fully realizing the dangers of participating in the Activities, FULLY ASSUMES THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, but not limited to, the following: INJURY CAUSED BY THE NEGLIGENCE OF ANY RELEASED PARTY; dangers arising from riding and racing on roads and trails open to the public and other simultaneous and non-simultaneous uses including, without limitation, motor vehicle traffic, and logging, ranching, farming, and related activities; dangers arising from riding and racing on roads and trails undergoing and in varying stages of repair; dangers arising from riding and racing on roads and trails undergoing and in varying stages of construction; dangers arising from the concurrent use of the Event areas by vehicles, cyclists, runners, equestrians, other Event participants, and non-Event participants; the risk of being injured or incapacitated in a location where it is difficult or impossible for the Event’s management to get required medical aid to Participant in time to avoid, mitigate, or lessen physical injury or death; being struck by cyclists, runners, walkers, horses, animals, motor vehicles, objects, or persons; dangers arising from animal and insect bites and stings; being attacked by animals; tripping; falling; falling on uneven terrain; falling as a result of being airborne; falling as a result of being struck by a cyclist, runner, walker, horse, animal, motor vehicle, object, or person; collisions with cyclists, runners, walkers, horses, persons, animals, motor vehicles, or fixed or moving objects; the negligence or inexperience of drivers, cyclists, persons, equestrians, runners, or other Event participants; dangers arising from being in remote areas; dangers arising from limited or no access to medical facilities or assistance; dangers arising from a lack of communications; dangers arising from excessive speed; dangers arising from equipment failure or inadequate safety equipment; dangers arising from uneven trails, roads, or other surfaces; dangers arising from uneven or damaged staging areas, parking lots, or walkways; dangers arising from damaged trails or roads; dangers arising from trail or road conditions; dangers arising from changing trail or road conditions; dangers arising from gravel, rocks, boulders, branches, logs or other obstacles or debris on trails, roads or other Event areas; dangers arising from obstacles on trails or roads; dangers arising from weather conditions; dangers arising from the use of the Event areas by authorized or unauthorized persons, cyclists, runners, horses, equestrians, or motor vehicles; injuries caused by terrain, facilities, temperature, weather, condition of Participant, condition of equipment, vehicular traffic, actions of other people including, but not limited to other Event participants, volunteers, spectators, sponsors, coaches, Event officials, and Event monitors, and promoters of the Event; injury caused by lack of hydration; injury caused by the intentional act(s) of others (not including any Released Party); danger of medical emergencies such as, without limitation, traumatic injury, heart attack, stroke or heat stroke; and the possibility of serious physical and/or mental trauma, injury or death associated with the Activities. Further, Participant acknowledges that such inherent risks from participation cannot be eliminated regardless of the care taken to mitigate such risk. The specific risks vary from one activity to another, but the risks include, but are not limited to, the following:
Property damage;
Minor injuries such as scratches, bruises, contusions, and sprains;
Major injuries such as eye injury or loss of sight, bone, joint or spinal cord injuries, strokes, heart attacks, and concussions; and
Catastrophic injuries such as a traumatic brain injury, paralysis, or death.
Participant acknowledges and agrees that any efforts on the part of any Released Party or others to lessen or mitigate the risks of participation in the Activities including, but not limited to, trail repair, road repair, barrier placement, placement of warning signs or other markings, and stationing of Event marshals, shall under no circumstance be interpreted to or be deemed to mean that the inherent risks in participating in the Activities has been lessened or mitigated by any amount. Participant further acknowledges and agrees that any efforts on the part of any Released Party or others to lessen or mitigate the risks of participation in the Activities shall, under no circumstance, affect or lessen to any degree his or her assumption of risks set forth in paragraph 1 above, the release, waive, discharge, and covenant not to sue set forth in paragraph 2 below, the indemnification obligations set forth in paragraph 3 below, or the scope of this Agreement set forth in paragraph 4 below.
Participant acknowledges that he or she has read the previous paragraphs and acknowledges, understands, and agrees these and other risks that are inherent in the Activities. Participant hereby asserts that his or her participation is voluntary and that he or she knowingly assumes all such risks.
Waiver. In consideration of being permitted to participate, in any way, in the Activities, Participant, personally and for his or her successors, assigns, heirs, executors, administrators and personal representatives, does hereby release, waive, discharge, and covenant not to sue, each Released Party from all liability from any and all claims including, but not limited to, the negligence of any Released Party resulting in personal injury, accidents, or illnesses (including death) and property loss arising from or related to his or her participation in the Activities.
Indemnification and Hold Harmless. Participant further agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS each Released Party from any and all third-party claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and expenses, arising from or related to his or her participation in the Activities and to reimburse each Released Party (as applicable) for any such expenses incurred.
Scope of Release. PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS. PARTICIPANT IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND IS EXPRESSLY INTENDED TO COVER AND INCLUDE ALL CLAIMS, PAST, PRESENT OR FUTURE, KNOWN OR UNKNOWN, WHICH CAN OR MAY EVER BE ASSERTED BY PARTICIPANT OR HIS OR HER SUCCESSORS AS THE RESULT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, OR THE EFFECTS OR CONSEQUENCES THEREOF. PARTICIPANT UNDERSTANDS AND AGREES THAT THIS AGREEMENT COVERS AND INCLUDES ALL CLAIMS OF EVERY KIND OR NATURE, PAST, PRESENT OR FUTURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND ALL CLAIMS OR RIGHTS PURSUANT TO SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED. PARTICIPANT UNDERSTANDS THAT SECTION 1542 PROVIDES:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"
Fitness. Participant warrants and represents that he or she is physically fit and does not know of any medical or health reason why he or she should not participate in the Activities.
Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
Integration; Binding Effect. This Agreement constitutes the entire understanding and agreement of the parties hereto relating to the subject matter hereof and supersedes all prior agreements or understandings of the parties hereto, whether written or oral. This Agreement is binding on and inures to the benefit of the parties hereto, and their respective successors, assigns, heirs, executors, administrators and personal representatives.
Attorney's Fees. If any legal action is instituted in connection with this Agreement, the prevailing party or parties shall be entitled to reasonable attorney's fees in addition to all other recoverable costs and damages.
Governing Law, Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California as applied to agreements among California residents entered into and to be performed entirely within California. The parties consent to the exclusive jurisdiction and venue of the county of Sonoma in the State of California.
Acknowledgment of Understanding. Participant acknowledges and agrees that he or she is signing this Agreement freely and voluntarily, and intends by his or her signature for this Agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.
IN WITNESS WHEREOF, Participant (and Parent or Legal Guardian, if applicable) has executed this Waiver of Liability, Assumption of Risk and Indemnity Agreement as of the date first set forth above.
If Participant is a minor person under 18 years of age, the undersigned Parent or Legal Guardian, as the case may be (listed below), agrees as follows: I understand and agree that operating a bicycle on the roads and trails (including designated bicycle paths) of Sonoma County is an inherently dangerous and risky activity and requires advanced cycling skills. I have read, fully understand, and agree to the terms of this Waiver of Liability, Assumption of Risk and Indemnity Agreement on behalf of the Participant, as well as myself, and I agree to assume responsibility for the Participant's safety. I further agree to INDEMNIFY, DEFEND AND HOLD HARMLESS each Released Party from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and expenses brought on behalf of Participant arising from or related to his or her participation in the Activities. I hereby agree that I will pay all fees, damages and costs, including attorney's fees, any Released Party or other parties released may incur in the enforcement of this Agreement. I warrant and represent to each Released Party that (i) I am the Parent or Legal Guardian of Participant; and (ii) Participant possess the requisite skills to participate in the Activities, is physically fit, and does not have any medical or health condition that would preclude or hinder Participant's participation in the Activities.
USA Cycling Waiver:

In consideration of USA Cycling (“USAC”) allowing me to participate in any USA Cycling sanctioned event or series and all activities related to or connected
with any event or series, including travel to and from (collectively the “Event”), whether through the issuance of an annual or one-day membership, and
whether as a rider, official, coach, mechanic, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs and next of kin, and any
legal and personal representatives, executors, administrators, successors and assigns, hereby agree as follows:
1. Assumption of Risk. I am aware that cycling involves inherent risks, including but not limited to those associated with man-made and natural jumps;
collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including pot
holes; equipment failure; inadequate safety equipment; use of equipment or materials provided by the Event organizer and others; and weather conditions.
I fully understand that participating in the Event is an extreme test of a person’s physical and mental limits and may involve the risk of serious injury or death,
economic loss, property damage or loss that may result from my own actions, inactions or negligence, and also from the actions, inactions or negligence
of others. I understand and voluntarily assume these risks.
2. Release of Liability. I hereby forever release, waive, and discharge USAC, USA Cycling Development Foundation, and each of their respective
officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, and affiliates as
well as the Union Cycliste Internationale (“UCI”), sponsors, organizers, property owners, law enforcement agencies, and public entities, that are connected
with the Event, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any and all claims that may arise
out of or are related to my participation in the Event, including claims arising from the ordinary negligence of Releasees.
3. Covenant Not to Sue and Indemnity Agreement. I will not make any claim against Releasees for injury, damage, death or any other loss arising
from or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to
recover all of their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any and all actions,
causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and
character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by
me or any other person in any way connected to, related to, or arising out of my participation in the Event.
4. Health. I represent that I am in good health and proper physical condition to safely participate in the Event. I acknowledge that it is my sole responsibility
to make such determination and that I am responsible for my own well-being at all times while participating in the Event.
5. Rules; Regulations; Equipment. I agree to be familiar with and abide by the rules and regulations established for an Event, including competitive rules
adopted by USAC, and any special regulations for the Event. I agree to be familiar with the Event course. I agree to ride and participate so as to neither
endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment and any equipment provided for my use. I will wear a
helmet that complies with USAC rules and regulations and I assume all responsibility for the selection of such a helmet.
6. Anti-doping. I acknowledge that UCI Anti-Doping Rules and U.S. Anti-Doping Agency (“USADA”) Protocol apply to me and that I must comply with those
rules. I agree to submit to drug testing and understand that the use of methods or substances prohibited by the applicable anti-doping rules would make me
subject to penalties up to disqualification and suspension. I agree to submit to the results management authority and processes of USADA, including
arbitration under the USADA Protocol, or to the results management authority of the UCI and/or my national federation, if referred by USADA.
7. Governing Law; Jurisdiction; Severability. This agreement shall be governed by the laws of the State of Colorado without giving effect to any choice
or conflict of law provision or rule (whether of the state of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to
this agreement shall be instituted in courts of the State of Colorado located in Colorado Springs and El Paso County. If any provision of this agreement is
invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or
invalidate or render unenforceable any other provision in any other jurisdiction.
I have carefully read the foregoing and fully understand its terms. I attest that I am 18 years of age or older (19 if in Alabama). I understand that
I am giving up substantial rights, including my right to sue Releasees for injuries resulting from the inherent risks of cycling and the ordinary
negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and
unconditional release of all liability to the greatest extent permitted by law.