I have voluntarily elected to attend the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 held at VIRTUALLY for the month of July in the year 2026. In consideration for being allowed attendance to the Ride 4 Your Life 2026 to use said facilities and equipment, and any other services provided by Schenectady Firefighters Cancer Foundation or its employees or agents at said location, or any other location within the State of New York, I represent, acknowledge and agree as follows:
GENERAL RELEASE
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Schenectady Firefighters Cancer Foundation, and its respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, successors, predecessors-in-interest, insurers and all other persons or entities acting in any capacity on their respective or collective behalf. Such persons and entities are to extend to sponsors of the event in whatever capacity they are.
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the engagement in Cycling, trail use, biking, path use, and similar outdoor pursuits involve inherent risks. These risks include, but are not limited to, serious physical or emotional injury, paralysis, death, damage to myself, third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the racing related activities that take place at the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 are monitored in a reasonable manner by Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 volunteers, it is not feasible for such staff to monitor the activities and actions of all participants at all times or all participants simultaneously. Nor can they know all characteristics of every participant’s physical and mental health that might lead to injury or damage.
VOLUNTARY ASSUMPTION OF RISK
I represent that I am in good health and in proper physical condition to participate in such activities as outlined above at the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026. I acknowledge and agree I am participating voluntarily and at my own risk. I acknowledge and agree that the actions or activities of other racers and participants or the actions or inactions of Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 volunteers may cause significant bodily injury (as described in this Agreement), and that Releasees are not responsible for the actions or activities of participants using the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 or the negligence of its employees in supervising the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to death, paralysis (partial or full, temporary or permanent), cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions, muscle sprains, strains or pulls, breaks or other seriously external or internal injuries to head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts, heat stroke, heart attacks, dehydration and other exertion-related medical events.
In addition to these injuries happening to participants, I am aware that they can occur to other customers, whether standing, walking, running or sitting in areas of the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 without equipment, observing, standing, sitting or taking photographs.
AGREEMENT TO PAY MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I possess, whether known or unknown, which might contribute to or exacerbate any injury Child or I might sustain as a result of using the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 or any of its equipment or otherwise being present at the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I may sustain while being present at the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, the costs of same shall be at my own expense.
RELEASE OF LIABILITY
Releasors hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Releasees from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my access to and/or use of the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, premises and/or its equipment and/or my entry into the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, the condition, maintenance, inspection, supervision, control or security of the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, the failure to warn of dangerous conditions in connection with the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, and/or the acts or omissions of Releasees, including, without limitation, any claim for property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of race course and supplies, but also all other equipment, and all activities and games, and the mere presence of I at the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026. I understand that this release and waiver applies to and includes all activities that I engage in at the premises, whether inside or outside the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026. In the event that any claim released herein is brought by, or asserted on behalf of, Releasors, I shall immediately defend, indemnify and hold harmless Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 and its equipment or mere presence thereat are beyond the control of Releasees. I agree and acknowledge that should Releasees or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Releasees harmless for and against all such attorneys fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I AGREE
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right to maintain a lawsuit against Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and will NOT have the right to have claim(s) determined by a jury. Reciprocally, Releasees waive their right to maintain a lawsuit against me for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY ACCESS TO AND/OR USE OF THE Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS OCCURRENCE (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY WHERE THE Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 IS LOCATED, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of New York, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my participation in the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, I consent to the recording of my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means. I hereby consent to and authorize Schenectady Firefighters Cancer Foundation and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, for any purpose, including advertising, promoting, exploiting and/or publicizing any Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026. I further agree that the foregoing includes the consent to use my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I visit Schenectady Firefighters Cancer Foundation, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AGREE TO FOLLOW THE CODE OF PARTICIPANT RESPONSIBILITY:
A) I agree to at all times, and under all circumstances, obey all directions from the event organizer and FOUNDATION
B) I will at all times conduct myself in a manner respective of the public nature of the venue and the open nature of the trails including but not limited to:
Safety equipment is REQUIRED at all times including helmet, and, when age appropriate, stabilizer wheels, etc.
Foul language of a derogatory, profane, explicit, or other nature will not be used,
Littering and the disposal of rubbish in any form other than into an approved receptacle is prohibited,
Unsafe conduct will be avoided and reported
C) Cheating by any means, including but not limited to: data corruption, false reporting, misrepresentation of data, falsification of activities, etc is grounds for immediate disqualification from the event.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Schenectady Firefighters Cancer Foundation and my participation in the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Agreement and the releases contained herein shall be construed in accordance with the laws of the State of New York. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.
By signing below, I represent and warrant that I have the authority to execute this Agreement. I have read each and every paragraph in this document and I agree to be bound by the terms stated herein, including all releases of liability contained herein.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
I AGREE
In consideration of being allowed to participate in the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026, I acknowledge, understand and agree that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases which may include, but not be limited to, (i) observing proper social distancing rules, (ii) performing regular hand sanitizing, (iii) wearing masks and/or appropriate personal protective equipment, (iv) not entering the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 if exposed to someone with any symptoms of such a communicable disease, (v) not entering the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 if suffering any symptoms of such a communicable disease, (vi) permitting staff of the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 to take my temperature, and (vii) complying with any measure promulgated by the Schenectady Firefighters Cancer Foundation Ride 4 Your Life 2026 or any local, state or federal authority.
4. If I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and
5. I understand and agree that all reference and my responsibilities related to any injuries or illnesses described in this Agreement shall also pertain to communicable diseases; and
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Releasees, WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I AM INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY Schenectady Firefighters Cancer Foundation RELATED ENTITY.
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I AM INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY Schenectady Firefighters Cancer Foundation RELATED ENTITY.