Fun 4 Good’s The Boob Ride electronic waiver
Payment:
Payment must be made, in full, on the website before the morning of the ride and will be required before participants will be allowed to ride. Participants who pay in cash or check on the morning of the ride cannot be guaranteed to receive a receipt for their donations.
Cancellations/Refund Policy:
FUN 4 GOOD reserves the right to cancel or change the ride based on my requirements for safety, or any unforeseeable circumstances, including unsafe weather. Should a cancellation or change of the route prove necessary, we will offer you the choice of an alternate route or an alternate date.
Jennifer Carey and FUN 4 GOOD, are not responsible for any other travel arrangements affected by cancellation.
Terms:
I understand and accept that bicycle riding and participating in The Boob Ride which will be using public streets and facilities where many hazards exist, and I am aware of and appreciate certain inherent risks and I accept those risks. Jennifer Carey, FUN 4 GOOD, associates, agents, sponsors, volunteers, participating clubs, communities, companies; the City of Carlsbad and its elected officials, officers, employees agents and volunteers; the City of Encinitas and its elected officials, officers, employees agents and volunteers and all other affiliated organizations shall not be held responsible for and shall accept no liability in respect of any claims, losses, damages, costs or expenses arising from personal injury, sickness, disease, accident or death incurred during the ride, however caused, without limitations, including reasonable attorneys’ fees. Loss or damage to bicycles, baggage, or other property, personal or real, caused by weather, equipment failure or any other causes will not be the responsibility of Jennifer Carey.
Aforementioned parties strongly prohibit consuming alcohol or taking illegal drugs while riding a bicycle during our ride, and I represent that I will not consume alcohol or illegal drugs during my participation in this event. We reserve the right to decline or refuse any person participation in our ride should they not conform to these guidelines or terms.
I understand that I will be required to wear a helmet. (This is mandatory. Cyclists will not be allowed through Camp Pendleton without a helmet.)
I understand that l must carry a valid CA ID such as a driver’s license. (Cyclists will not be allowed through Camp Pendleton without an ID.)
I understand that I must complete the ride by 12:45 PM to ensure that my bike will be transported back to the Orange County start. If I am late, I will forgo the pre- arranged transportation of my bicycle.
I agree that any and all representations made and releases, waivers, covenants, consents and permissions given by me hereunder are given on behalf of me and any and all of my minor children or persons over whom I have guardianship participating in or attending the ride.
Waiver Agreement:
I understand and accept the terms, conditions and information contained herein. I hereby accept all risks of personal injury and property damage, incurred as a result of my participation in this ride, whether incurred by me or incurred by a third party due to my conduct, arising from my participation in this ride and I agree that myself, my dependents, heirs, executors do indemnify Jennifer Carey, FUN 4 GOOD, City of Carlsbad, City of Encinitas, and the employees, owners, directors and representatives against any and all claims or costs. Further, by signing this form, I certify that I understand that I will wear a helmet and take all safety precautions available or deemed appropriate.
HEALTH
You must be in good enough physical condition to withstand the stresses of your participation in the event.
COVID 19 (and other diseases). Cool Breeze Century, by its very nature, is a gathering which may expose you to diseases carried by others. Added to this are heavy breathing, shouting, perhaps even singing, by folks with or without masks. Those who are not vaccinated will be increasing that risk. You must accept all risks associated with COVID 19. You are encouraged to continue to activate publicized practices (masks, hand washing & sanitizing, distancing, etc.). You agree to not participate in this event if you are experiencing symptoms such as a cough, fatigue, shortness of breath, fever, or new loss of smell or taste, or if within 14 days of the event you have been exposed to a person confirmed to have been infected with COVID-19.
IMAGE AND MATERIALS PUBLICATION CONSENT AND PERMISSION
In furtherance of Fun 4 Good’s charitable mission, and without expectation of compensation or other remuneration, I hereby give my irrevocable consent and permission to Fun 4 Good. and their respective successors and assigns, sponsors, licensees, affiliates, and employees for the following:
(a) to film, photograph, tape or otherwise record a video or audio record of me;
(b) to use my name, image, and visual or audio recordings of me (regardless of the medium in which my name, image or statements appear, including audio recordings, video recordings, photographs, electronic images, and the like from the Internet via social media sites), original materials created by me in connection with the Event (e.g. photos, videos, audio recordings and/or creative works such as drawings, poems and essays regardless of medium of publication and including publication on the Internet via social media sites), and any other information related to my participation in the Event (e.g. participant number, team name) (collectively, “the Materials”), for all promotional purposes related to the Event by Fun 4 Good, and their respective successors and assigns, sponsors, licensees, affiliates, and employees (collectively “grantees”); and (c) to use, reproduce, publish, exhibit, distribute and transmit, worldwide and in perpetuity, the Materials, in whole or in part, in any print, broadcast or electronic media now known or hereafter developed, including the Internet and social media, (i) for educational and awareness campaigns, fundraising, in connection with the promotion of Fun 4 Good products or programs and/or for any other legitimate purpose, (ii) to create composite or computer manipulated materials from the Materials, (iii) without compensation to me.
The grantees may assign any of the above rights to third parties.
I waive the right to inspect or approve any materials that incorporate the Materials. I release the grantees from any liability, damages, or claims resulting from the use of the Materials, including, but not limited to, claims for libel or invasion of privacy. I understand and agree that the terms of this Section are binding on my releasors, assigns, and legal representatives.
In the event any provision of this Waiver and Release of Liability and Image And Materials Publication Consent and Permission is deemed unenforceable by law, (i) Fun 4 Good shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Waiver and Release of Liability and Image and Materials Publication Consent and Permission shall remain in full force and effect.
I have read this agreement, fully understand its terms, and understand that I must abide with the Unconditional Terms, Waiver, Release of Liability, and Image and Materials Publication Consent as stated above. I hereby acknowledge and agree that I attest that I have received, read, fully understand and will abide by all safety standards appropriate. I have read and agree to the terms in The Boob Ride waiver and understand that the event organizer and associated crew are not liable for any damage to me or my equipment. I also acknowledge that bicycle riding is hazardous activity. am aware that by agreeing to this Waiver and Release of Liability and Image and Materials Publication Consent and Permission, I am waiving substantial legal rights, and knowing this, I agree of my own free will without any inducement, assurance or guarantee being made to me and intend my check of the “agree” box to be a complete and unconditional release of liability to the greatest extent allowed by law.