In California, GranFondo’s are being held with success in areas such as Beverly Hills, Lake Tahoe, San Diego, San Luis Obispo, Long Beach and more. And while Tehachapi would certainly size up as a small community next to those, we’re the perfect place to host such an event. With 2.8 million people living within 65 miles of Tehachapi and a central location that is easy to reach, we’re a short drive from tens of thousands of avid cyclists.
Located at 4,000 feet, the community of Tehachapi is an ideal venue for this type of an event. Our mild mountain climate, picturesque views and historic downtown all add to our small town charm while the surrounding peaks add to the challenge of our rides.
VOLUNTARY WAIVER, RELEASE,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
THE UNDERSIGNED HEREBY ACKNOWLEDGES that I have voluntarily applied to participate in the Tehachapi GranFondo (the "activity" or "activities") sponsored by Tehachapi Valley Recreation & Park District California on September 14, 2019 which is a non competitive cycle competition with the risk of injury or death or damage to property, including, without limitation, collision with pedestrians, vehicles, other racers, and fixed or moving objects, dangers arising from surface hazards, equipment failure, inadequate safety equipment, and weather conditions, and serious physical or mental trauma or injury associated with athletic cycling competition. I understand that the terrain varies significantly throughout the course from flat and paved to mountainous, unimproved and rugged and that the terrain is hazardous. The terrain has not been maintained or improved for these activities and could be subject to flooding, erosion, fire, and other natural or manmade hazards.
I AM AWARE THAT SUCH CYCLING ACTIVITY IS A DANGEROUS AND HAZARDOUS ACTIVITY, AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISK OF INJURY, DEATH, OR DAMAGE AS A RESULT THEREOF. I HEREBY ASSUME THE RISKS OF THE ACTIVITIES AND INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES (HEREINAFTER DESCRIBED) FROM ALL CLAIMS ARISING THEREFROM OR RELATGED THEREFO.
AS LAWFUL CONSIDERATION for being permitted to participate in these activities, I hereby agree that I, my heirs, distributees, guardians, legal representatives, successors, and assigns will not make a claim against, sue, attach the property of, or prosecute TEHACHAPI VALLEY RECREATION AND PARK DISTRICT, any promoting organizations, property owners, law enforcement agencies, public entities, or their officers, Board Members, commissioners, employees, agents, or members (the "Releasees") as a result of my participation in the activities. In addition, I hereby release and discharge the Releasees from all actions, claims or demands, I, my heirs, distributees, guardians, legal representatives, successors, or assigns now have or may hereafter have for injury (including death) or damage resulting from my participation in the activities.
I accept responsibility for the condition and adequacy of my competition equipment and assume all responsibility and liability for same. I agree that it is my sole responsibility to be familiar with the race course, the Releasee's rules, and any special regulations for the activities, including, without limitation, a requirement for wearing a helmet that can protect against serious head injuries.
It is understood and agreed that this Release extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, and all rights under Section 1542 of the Civil Code of the State of California ("Section 1542") are hereby expressly waived. Section 1542 reads as follows:
"1542. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AND AN INDEMNITY AGREEMENT WHICH IS A CONTRACT BETWEEN MYSELF AND TEHACHAPI VALLEY RECREATION AND PARK DISTRICT AND SIGN IT OF MY OWN FREE WILL.
Note: That an electronic or facsimile copy of this signed and initialed Waiver, Release, Assumption of Risk and Indemnity Agreement shall be as effective as the original for all purposes.