The Tour de Boerne “Head for the Hills” cycling event is Tour de Boerne, Inc.’s signature fundraising event in support of Texas Hill Country charities. Therefore, your donation is non-refundable and non-transferable, even if you do not participate in the event. If the event is cancelled there will be no refunds. If the event is rescheduled, you can elect to participate in the rescheduled event at no additional cost.
WAIVER, RELEASE OF LIABILITY, AND INDEMNITY
Terms and Conditions
By signing this Waiver, Release of Liability, and Indemnity (“Release”), I am giving up rights in exchange for the opportunity to participate in a cycling event organized by Tour de Boerne, Inc. (“TDB”). I agree not to sue (“TDB”) and its officers directors, volunteers, service providers and representatives (collectively the “Released Parties”) for any of their alleged negligence resulting from my participation in the event. I also assume responsibility for any injuries or damage I may sustain or cause resulting from my participation in the event, as further detailed below:
- ACTIVITY AND ASSUMED RISKS: I choose to participate in the following activity: 2024 TOUR DE BOERNE “Head for the Hills” cycling event (“the Activity”), and I acknowledge and assume the following risks and responsibilities:
a. The Activity and cycling are inherently dangerous, and I may be exposed to dangers and hazards, including, but not limited to, falls, crashes, collisions, poor road conditions, unfamiliar roads, traffic, poor weather conditions, overexertion, overheating, encounter with aggressive dogs or wildlife, and equipment failures;
b. My participation in the Activity could result in serious bodily injury, disability or death and may result in damage to my bike and my other personal property;
c. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during all or portions of the Activity. I will pay all costs associated with any medical care and/or evacuation that I incur;
d. I will use, at my own risk, any equipment provided to me for use associated with the Activity. Any such equipment is provided without any warranty about its condition or suitability for any purpose; and
e. If I am riding in the Activity, I will wear a properly fitted and adjusted ASTM, ASNI, CPSC or SNELL certified helmet while riding. Further, because a bicycle is a legal vehicle in the State of Texas, I will ride in a safe manner and follow all laws of the road. I will also follow the rules for the Activity provided to me and any instructions given to me by the leaders of the Activity.
- RELEASE: I AGREE TO RELEASE, PROTECT, DEFEND, INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, SUITS, COSTS, LOSSES, OR ATTORNEYS’ FEES CAUSED BY OR RESULTING FROM THE ACTIVITY, INCLUDING WITHOUT LIMITATION, ON ACCOUNT OF BODILY INJURY, DISEASE OR DEATH, OR LOSS OF OR DAMAGE TO PROPERTY (COLLECTIVELY “DAMAGES”) WHETHER SUCH DAMAGES ARE CAUSED BY MYSELF OR THE NEGLIGENCE OF THE RELEASE PARTIES.
- INDEPENDENT CONTRACTORS: I acknowledge that TDB has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity.
- USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. I consent and grant to TDB permission to use and publish (including by electronic means) my likeness or my name in connection with such likeness for any purpose associated with the Activity or future TDB events.
- I UNDERSTAND THAT THIS IS A BINDING CONTRACT. I HAVE READ AND HAD AN OPPORTUNITY TO ASK ALL QUESTIONS I WISH TO ASK ABOUT THE TERMS OF IT, AND I UNDERSTAND IT AND AGREE TO ABIDE BY THESE TERMS. BY MY SIGNATURE BELOW AND IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITY, I AGREE TO ALL THE TERMS CONTAINED IN THIS WAIVER, RELEASE OF LIABILITY, AND INDEMNITY.
Date: BIB: _____________
Printed Name: _________________________
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, sponsors, affiliates, volunteers, Tour de Boerne, and individual Tour de Boerne organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry .