TEAMCBC

WAIVER AND RELEASE OF LIABILITY FOR 2024

All ride participants MUST read, sign and date this waiver.

Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement 

All participants must wear a helmet

 

TeamCBC is a not-for-profit 501c3 Corporation in North Carolina. This bicycling event is for fundraising solely for TeamCBC. In consideration of being permitted to participate in any way in the TeamCBC sponsored Bicycling Activities (“Activity”), I, (name of participant), for myself, my personal representatives, assigns, heirs, and next of kin:

 

  1. Acknowledge, agree, and represent that I understand the nature of Bicycling Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

 

  1. Fully Understand that (a) Bicycling Activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (“risks”); (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the Negligence of the “releasees” Named Below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I fully ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR THE LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.

 

  1. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE TeamCBC, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners or lessors of premises on which the Activity takes place (each considered the “RELEASEES” HEREIN) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I Will Indemnify, Save, and Hold Harmless Each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND AND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE.

 

  1. I agree to abide by the following TeamCBC Code of Conduct:

TeamCBC strives to foster an inclusive and diverse environment that is welcoming to all and where every rider always feels safe. As such, our club considers any behavior that is physically or verbally abusive, sexist, racist, or harassing in any way to be unacceptable. This behavior includes intentionally pushing or touching another cyclist on the bike without prior approval. Even with the best intentions, this is unsafe and could lead to a crash. Incidents of any of these types are taken very seriously, are subject to an internal investigation, and may result in the termination of your membership and a lifetime ban from participating in any future club rides or events.  

 

I understand that I have the responsibility to:

 

  1.  

    1. Respect others and their belongings. This rule applies regardless of whether you are on one of our group rides or at another event.

Unacceptable conduct includes but is not limited to:

●       Physical abuse to any person while riding or at any time during an event.

●       Use of foul language toward any person.

●       Making obscene gestures directed at any person.

●       Malicious actions on or off the bike toward any person.

●       Non-consensual physical contact, threatening or bullying behavior, unwanted personal advances, and any other inappropriate behavior.

Failure to maintain acceptable conduct can result in a verbal warning, written warning, or immediate suspension from TeamCBC at the sole discretion of the Board of Directors.

  1.  

    1. Know and respect the rules of the road. 
      (https://club.racereach.com/grp_gnewsletter?app=index&xs=1688830442&context=1688830416&PHPSESSID=2889790e83fd31582d5d8bcebe25132c&end=1&groupid=104187426&pagez=grp_gnewsletter&emaillog_id=13959). Remember, cars always win.

    2. Arrive before the scheduled ride time to hear announcements.

    3. Choose an appropriate distance and pace.

    4. Be responsible for your actions – e.g., control your anger/frustration.

    5. Feel free to ask questions.

    6. Talk to a TeamCBC Board Member (https://teamcbc.com/?page=grp_pagetabc_view&pagetabg_id=7181) when you think something is wrong or can be improved.

    7. Wear appropriate cycling apparel. TeamCBC Gear is NOT required.

    8. Use good judgment before, during, and after rides.

    9. Offer support and positive guidance to newer riders.

Any member demonstrating an unwillingness to meet this Code of Conduct will be subject to suspension of club privileges or their club membership.  

THE UNDERSIGNED, BEING ABOVE THE AGE OF 18, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

*

By clicking Sign & Send below you agree to the terms contained herein, and that terms are binding in your jurisdiction as defined in our Electronic Signature Disclosure & Consent

E-Sign Act Disclosure and Agreement

Your Consent To Use Electronic Records and Electronic Signatures

This website has elected to use electronic signatures as the default choice in lieu of paper. Be advised that according to the U.S. Federal E-SIGN Act in addition to various state laws an electronic signature is legally the same as a paper and ink signature. Also be advised in event enforcement is needed, all signatures are held in trust by SwiftSignature.com, as a neutral 3rd party, and may be legally enforced in court of law as per the terms of your respective contract.

Federal law requires certain safeguards to ensure that both consumers and vendors have the capability to receive copies of documents upon signature and are advised of the consequences of agreeing to receive documents electronically. Federal law also requires your consent to use e-mail and electronic versions of said contract and/or agreements, disclosures, and other documents and records, herein referred to as simply "electronic documents" that would otherwise be legally binding only if provided to you on paper as a printed physical document.

Electronic Documents for purpose of this disclosure include any documents signed using the Swift Signature service. All documents once signed cannot be revoked or canceled and will be stored for a minimum period of ten (10) years, and are available to either party at any time through our electronic web portal.

Free Document Storage Account

All signors are automatically entitled to a free document storage account within Swift Signature, the cost of which is given to you by the owner of this website. After signature, you may follow the prompts to save your document to your free account, where it will be accessible for a minumum of 10 years. This account is optional and available as a courtesy to you.

Right to withdraw consent

Note you do have the right to withdraw your consent to receive and/or use electronic documents, but be advised this does not cancel or revoke any prior documents for which permission existed at that time. The legal validity and enforcement of electronic documents, signatures, and deliveries used prior to revocation of consent will not be affected. To withdraw your consent, please contact the owner of this website.

Right to receive paper document

You have the right to have any document in paper form, should you choose at no charge to you. To request paper documents, please contact the party who referred you to this service.

By clicking "Sign and Send" on any document posting to SwiftCloud servers, you are agreeing to the terms contained herein, and are providing your consent to the use of electronic documents and signatures, as well as e-mail or sms phone message delivery of related electronic documents. You are also acknowledging receipt of this disclosure.

Hardware & Software Requirements

Use of this Service Requirements

  1. Connection to the internet
  2. Any internet web browser with graphical interface and a pointing device, aka "a mouse" for desktop computers or a touch screen for tablets or modern phones common after 2004
  3. a PDF reader or browser capable of displaying Adobe PDF documents
  4. A printer, should you wish to print and retain a paper copy of signed documents.

Acknowledgement of your access and consent to electronic records and electronic signature

By clicking "Sign & Send" on any document posting to this service, you agree that

  • You were able to read this E-SIGN Act Disclosure & Agreement
  • Should you desire, you were able to print on paper or electronically save this agreement for future reference
  • You have an active email on file with the owner of this website
  • That the device on which you indicated your agreement or signature, including both your hardware and your software comply with the terms above and were able to render the agreement in a fashion functionally equivalent to paper, and that the document agreed to was both readable and understandable.
  • That any indication of signature and/or initials in addition to information provided is wholly yours and subject to the terms above.
  • You consent to receive electronically any records, notices, agreements or disclosures made to you by our client, the referring service, during the course of your relationship with that company, subject to revocation per terms above.

Electronic Signature         Disclosure & Consent