In consideration for my [and/or my child(ren) or ward(s)], being permitted to participate in, work at, volunteer at, and/or observe the Pan-Massachusetts Challenge, Inc. (“PMC”) and related events and utilize the services and facilities associated with those events, I, on behalf of myself [and my child(ren), ward(s)] and any personal representatives, heirs, and next of kin (together, "the Undersigned") hereby state as follows:
Generally
1. I acknowledge and agree that the risk of injury, damage or property loss from participation in the PMC and related events as a rider, worker, volunteer, or observer is significant, including the potential for permanent physical harm to me, including death, and/or property damage or loss, and while particular rules, equipment, and personal discipline may reduce those risks, the risk of serious injury does exist, as does the risk of property damage or loss;
2. I acknowledge and understand that photographs and/or videos may be taken of me [and/or my child(ren) or ward(s)] in connection with the PMC and related events, and hereby consent to the taking of such photographs and videos and the publication of such photographs and videos; and,
3. I agree to comply with the stated and customary terms and conditions for participation in the PMC and related events, including that, if I observe an unusual significant hazard during my presence or participation, I agree to bring the hazard to the attention of the nearest PMC representative or official immediately, and, as appropriate, remove myself from participation.
Illness, Infectious Disease Related
[On behalf of myself and my child(ren) and ward(s),] I hereby further:
4. agree, represent, and warrant that I will not [and my child(ren) or ward(s) will not] participate, in person, in services or programs related to the PMC or visit the facilities associated with the PMC if I [or they] (i) experience symptoms of a serious infectious disease or illness, including but not limited to COVID-19 (which, term, for purposes of this agreement, includes its variants and similar illnesses), or (ii) have a suspected or diagnosed/confirmed case of such a disease or illness, or, (iii) within the preceding 5 days, have been exposed to any person who has a suspected or confirmed case of such a disease or illness;
5. acknowledge that, due to the nature of infectious diseases and illnesses and the nature of the events, services and facilities associated with the PMC and similar organizations: (i) transmission of such diseases and illnesses cannot be ruled out, and that (ii) despite any PMC efforts to mitigate such dangers, the PMC cannot guarantee that my [or my child(ren)’s or ward(s)’] participation in the PMC and/or related events, services and facilities will not result in exposure to infectious diseases or illnesses, which could in turn result in quarantine or isolation requirements, serious illness, disability, and/or death.
6. AGREE THAT PROOF OF VACCINATION, BOOSTER AND/OR OTHER SPECIFIED MODALITY DESIGNED TO PREVENT, PROTECT AGAINST OR TREAT COVID-19 OR ANY OTHER ILLNESS OR INFECTIOUS DISEASE MAY BE REQUIRED FOR PARTICIPATION IN PERSON (INCLUDING AS A RIDER, WORKER, VOLUNTEER, OR GUEST) IN SOME OR ALL ASPECTS OF ANY PMC RIDE, EVENT OR RELATED ACTIVITY, AND THAT IF I [OR MY CHILD(REN) AND/OR WARD(S)] AM NOT ABLE TO PROVIDE PROOF OF VACCINATION, BOOSTER AND/OR OTHER MODALITY (AS APPLICABLE) IN THE FORM AND/OR MANNER REQUIRED BY THE PMC OR ANY OF ITS VENUES, COLLABORATING ENTITIES, OR PUBLIC AUTHORITIES, I WILL NOT PARTICIPATE IN PERSON IN THOSE ASPECTS OF ANY SUCH PMC RIDE, EVENT OR RELATED ACTIVITY REQUIRING SAID PROOF (THOUGH I MAY PARTICIPATE IN A REIMAGINED OR VIRTUAL RIDE).
7. acknowledge and agree that if, prior to a PMC ride or event, PMC chooses to implement pre-conditions to participate in that ride or in that event for health or safety reasons, or chooses to implement other safety measures, I [and my child(ren) and/or ward(s)] will abide by those pre-conditions and/or safety measures.
Reimagined or Virtual Ride, and Training
Because of public health concerns and/or related concerns, I understand that my [and/or my child(ren)’s or ward(s)’] participation in the PMC and/or related events may have to be “reimagined” or “virtual,” rather than conducted in the standard or in-person manner. In addition or alternatively, I may, for my own reasons, choose to participate [and/or have my child(ren) or ward(s) participate] in the events in a reimagined or virtual way. If I [and/or my child(ren) or ward(s)] choose to participate in the PMC and/or related events in a reimagined or virtual way, and during my [and/or my child(ren)’s or ward(s)’] training for the events (whether I participate in the actual events or in a reimagined or virtual manner), I [, on behalf of myself and my child(ren) and ward(s)], further:
8. acknowledge and understand that neither a reimagined or virtual PMC, nor the training for a reimagined, virtual or actual PMC, is sponsored by the PMC;
9. acknowledge and understand that the PMC cannot and does not provide support for reimagined or virtual rides/events or training, even if the PMC sometimes offers ideas or tips for training or riding;
10. represent to being in good health and in good physical condition and able to undertake the ride/event or training;
Third-Party Assistance, Recommendations and/or Support
I understand that, in connection with PMC rides or events, PMC makes available to riders, volunteers and/or observers certain services offered by third parties, including but not limited to food and beverage services, massages, and bicycle repairs, and that PMC sometimes offers recognition of entities that offer other services, e.g., physical therapy, nutrition tips, training rides, bicycles for rent, and also enables riders and volunteers to contact some third parties via PMC’s pmc.org website.
11. [On behalf of myself and my child(ren) and ward(s)], I acknowledge that such services are provided to PMC riders, volunteers and/or observers by third parties who are independent of PMC and are either volunteering their time, or offering their time and/or equipment through discreet transactions between the rider or volunteer or observer and the third party; and I also acknowledge that PMC is not offering such services to riders, volunteers or observers directly or vouching for the safety or efficacy of such services.
[On behalf of myself and my child(ren) and ward(s)], I
12. agree that it is my [and my child(ren)’s, ward(s)’] responsibility to know and abide by applicable public health regulations and state and local laws applicable to my participation in reimagined and virtual events, and in training; and
13. understand that the PMC is not liable for anything that happens as a result of a reimagined or virtual ride, or the training for such a ride or training for the in-person PMC, including but not limited to personal injury and illness, and property damage or loss.
IN ADDITION, [ON BEHALF OF MYSELF AND MY CHILD(REN) AND WARD(S)], I, THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND THE RISK OF ILLNESS, BODILY INJURY, DEATH, PROPERTY DAMAGE, AND PROPERTY LOSS, WHETHER DUE TO NEGLIGENCE, ACTIVE OR PASSIVE, OR OTHERWISE, WHILE TRAINING FOR, PARTICIPATING IN, WORKING OR VOLUNTEERING AT, OR OBSERVING THE PMC OR RELATED ACTIVITIES, AND/OR WHILE USING THE FACILITIES OR EQUIPMENT OR SERVICES ASSOCIATED WITH SUCH ACTIVITIES, AND/OR WHILE TRAINING FOR AND ENGAGING IN A REIMAGINED OR VIRTUAL PMC, WHETHER OR NOT SUCH ILLNESS, INJURY, DAMAGE OR LOSS IS COVERED BY MY PERSONAL HEALTH OR OTHER TYPE OF INSURANCE.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE, WORK OR VOLUNTEER AT, TRAIN FOR, AND/OR OBSERVE THE PMC AND RELATED ACTIVITIES, THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAN-MASSACHUSETTS CHALLENGE, INC. AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS, AND ANY OF THE FELLOW PARTICIPANTS OR THEIR FAMILY MEMBERS OR GUESTS (TOGETHER, THE “RELEASEES”) FROM ALL LIABILITY TO THE UNDERSIGNED, AND ANY CLAIMS OR DEMANDS ON ACCOUNT OF ANY PROPERTY DAMAGE OR ANY INJURY TO, OR ANY ILLNESS OR THE DEATH OF, THE UNDERSIGNED, WHETHER CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF PAN-MASSACHUSETTS CHALLENGE, INC. OR THE OTHER RELEASEES WHILE TRAINING FOR, PARTICIPATING IN, WORKING OR VOLUNTEERING AT, OR OBSERVING THE PMC OR RELATED ACTIVITIES, OR WHILE USING THE FACILITIES OR EQUIPMENT OR SERVICES ASSOCIATED WITH SUCH ACTIVITIES, OR WHILE ENGAGING IN A REIMAGINED OR VIRTUAL PMC OR TRAINING THEREFOR, WHETHER OR NOT SUCH ILLNESS, INJURY, DAMAGE OR LOSS IS COVERED BY MY PERSONAL HEALTH OR OTHER TYPE OF INSURANCE
I HAVE CAREFULLY READ AND I VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO ME ON ACCOUNT HEREOF.
I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS ON BEHALF OF THE UNDERSIGNED, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM PAN-MASSACHUSETTS CHALLENGE, INC. IN CASE OF INJURY, DEATH, ILLNESS OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO INFECTIOUS DISEASE OR ILLNESS DURING TRAINING AND/OR PARTICIPATION IN THE PMC AND/OR RELATED EVENTS AND/OR USE OF THE FACILITIES OR SERVICES ASSOCIATED THEREWITH, AND/OR ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
IF SIGNING ON BEHALF OF A CHILD OR WARD, I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY CHILD(REN) AND/OR WARD(S) AND I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON THEIR BEHALF.
Rider is required to agree to and electronically sign off on this release.
