Adult, University, Group, Family Team Bikers - 2018
The following waiver and release is in addition to and supplements any and all waivers or releases granted by the undersigned for the benefit of Endurance Cycling or any other person or entity named therein (the “Endurance Cycling Release”).
I will be at least 18 years old by April 28, 2018 and I wish to participate in the Team Shalva group that will be riding/cycling in the GFNY Jerusalem 2018 in order to raise awareness and critically needed funds that support the non-profit work of Shalva- The Association for Mentally & Physically Challenged Children in Israel ("Shalva"). I understand that while training for and participating in this event, I will be traversing public streets and thoroughfares where potential hazards exist. I confirm that I am aware of and appreciate the risks that may result. I am also aware that accidents may occur during this event or during the training for this event which could result in serious injury or death. I am voluntarily participating in this event and in the training for this event with knowledge of the dangers involved and I agree to accept all risks of injury or death.
I have accepted the responsibility to raise the minimum fundraising requirement for the event I have selected in order to participate with the Team Shalva group.
If I am receiving a discounted fundraising goal as a result of participating in the Team Shalva family group with one or more of my designated family members, I agree and acknowledge that if all of my designated family members decline to participate in the Team Shalva group, then my discount will be removed and I will be obligated to raise the full amount indicated to me on the Team Shalva group website.
To be eligible for a team group rate there must be a minimum of ten runners. If runners who are part of a team group choose to forego their place, leaving the group below the ten person minimum, fellow group runners will be required to raise the regular sponsorship amount for the departed runner, unless otherwise agreed upon by the Team Shalva management
By February 25, 2018, I will be asked to recommit to the program, and at that time I will be required to secure my spot on the team with a personal credit card. All travel arrangements must be booked by March 1, 2018 to avoid possible additional charges. Once I have recommitted, I will be responsible to provide all funds collected, whether checks or by credit card, on or before the fundraising deadline of March 15, 2018 and I authorize Shalva to charge the credit card submitted during my recommitment for any balance that remains due in order to meet the required fundraising minimum established for this event. If my credit card is so charged, I understand that I have until June 10, 2018 to provide additional donations and to receive a refund.
Once I recommit I am aware that if for any reason I am not able to participate in the event, I will still honor my obligation to raise the fundraising minimum established for the event.
I agree to abide by any decision of a GFNY Jerusalem official or Team Shalva official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever.
I assume all risks associated with running in this event, including but not limited to: falls; contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and humidity, wind, cold temperature, and wet or icy surfaces; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the road, including surface conditions such as slipperiness, holes or obstacles and acts of terrorism or other violent acts, all such risks being known and appreciated by me.
I understand that personal music players may not be allowed in the race and I will abide by all race rules.
Having read this waiver and release, and in consideration for being permitted to participate in this event in support of Shalva, I, for myself and anyone entitled to act on my behalf, agree to assume all risks and to release, hold harmless, and covenant not to sue Shalva, Team Shalva, American Friends of Shalva Israel, Inc., Canadian Friends of Shalva, British Friends of Shalva, each of their respective officers, directors, employees and agents, members of the event team, and/or any designated beneficiaries, sponsors, officials, participating clubs, communities, organizations, friends of the event, including the event medical sponsor, the medical director, and members of the medical team, and all other government or public entities including, but not limited to, the Department of Transportation of the Jerusalem municipality and affiliated organizations and all their respective directors, officers, agents, employees and members (collectively, the "Releasees"), from any present or future claim, loss or liability of any kind that I may have arising out of my participation in and training for the event, including bodily injury, death or property damage, whether caused by negligence or carelessness of the Releasees or otherwise.
Furthermore, I, for myself and anyone entitled to act on my behalf, agree to waive my rights and to discharge all the Releasees from all claims, losses, or liabilities for death, bodily injury or property damage that I may have, or which may hereafter accrue to me, as a result of my participation in this event, even though that liability may arise from negligence or carelessness on the part of the Releasees, from dangerous or defective property or equipment owned, maintained or controlled by them or because of the possible liability without fault. I understand and agree that the Waiver and Release is binding on my heirs, assigns and legal representatives.
Without limiting any other waivers and releases, I, for myself and anyone entitled to act on my behalf, hereby agree that the Releasees are entitled to the benefits of the waivers and releases granted by me in the Endurance Cycling Release.
I am physically capable of training for and completing this event. If I am aware of or under treatment for any physical infirmity, ailment or illness, my medical care provider knows of and has approved my training for and participation in this event. I will maintain personal health insurance while training for and participating in the event. I acknowledge that I and I alone am entirely responsible for my personal health and safety and the personal property I bring with me.
I understand that all donations processed by Shalva, American Friends of Shalva Israel, Inc., Canadian Friends of Shalva, or British Friends of Shalva are non-refundable and non-transferable even if I do not participate in the event.
I understand that my name, photograph, voice and/or likeness may be used by Shalva, Team Shalva, and their sponsors, beneficiaries, licensees, affiliates and employees. I consent to and authorize, in advance, such use without compensation and waive all rights of privacy I have in connection therewith.
In order to maintain the prices stated in this agreement, Shalva reserves the right to change accommodations and other components of the Team Shalva program. By agreeing, I affirm that I understand the risks associated with international travel and that the Releasees are not responsible for any loss, damage, or injury to any of the Team Shalva program participants or any belongings of that participant caused directly or indirectly by Shalva suppliers or agencies, or by any airline, hotel, common carrier, travel agency, or any other person or entity. Shalva reserves the right to limit participation based upon eligibility requirements, space limitations, and other criteria that it may, in its sole discretion, determine.
I do hereby agree that any current or future dispute or claim between me and any of the Releasees arising out of, resulting from or relating to my participation in the event, shall be resolved by confidential, final and binding arbitration administered by JAMS, The Resolution Experts (“JAMS”), and conducted in accordance with the then-current JAMS Arbitration Rules & Procedures (the “Rules”) by an impartial arbitrator to be jointly selected by me and the Releasees from a list of neutral arbitrators provided by JAMS. The arbitrator shall have the authority to award any remedies, including attorneys’ fees and costs, available under applicable law, except punitive or exemplary damages. I acknowledge that judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, and that the award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law. I understand that any arbitration conducted pursuant to this agreement shall take place in New York County, New York. I acknowledge that such agreement is given in exchange for rights or benefits to which I am not otherwise entitled and the more expeditious and confidential resolution of any such disputes.
I hereby agree that all claims will be pursued on an individual basis and I hereby waive my right to commence or be a party to any class or collective claims or any joint any claim against the Releasees.
I HAVE READ THIS WAIVER/RELEASE, AND I FULLY UNDERSTAND ITS TERMS AND CONDITIONS AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO BRING ACTIONS AGAINST THE RELEASEES. I ACKNOWLEDGE THAT I AM SIGNING THE WAIVER/RELEASE FREELY AND VOLUNTARILY, AND THAT I INTEND BY MY SIGNATURE TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASEES TO THE FULLEST EXTENT ALLOWED BY LAW.
I EXPRESSLY AGREE THAT THIS WAIVER/RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK AND THAT THIS WAIVER SHALL BE GOVERNED BY AND INTERPRETED BY THE LAWS OF THE STATE OF NEW YORK. I AGREE THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS WAIVER/RELEASE SHALL BE HELD TO BE INVALID, THE INVALIDITY OF SUCH CLAUSE OR PROVISION SHALL NOT OTHERWISE AFFECT THE REMAINING PROVISIONS OF THIS