WAIVER & RELEASE OF LIABILITY
Please read this Waiver and Release of Liability carefully, as it contains important information regarding your legal rights, remedies, obligations, and assumption of risk. By signing this document, you acknowledge that you have read, understood, and voluntarily agreed to the terms below.
EVENT-SPECIFIC ACKNOWLEDGMENT
This waiver relates specifically to participation in the American Heart Association (“AHA”) (“Event”) for which IICE FITNESS LLC (“IICE FITNESS”) is acting solely as an equipment rental provider.
Participant acknowledges and agrees that IICE FITNESS is not organizing, operating, supervising, instructing, staffing, or managing the Event or its participants and is not responsible for event operations, instructors, volunteers, participant conduct, alcohol service, venue conditions, or participant supervision.
Participants further acknowledges that all instruction, supervision, bike fitting, setup, participant management, and operational control of the Event are the sole responsibility of AHA and/or the Event organizers.
DEFINITIONS
The following terminology applies throughout this Waiver:
“Participant,” “Rider,” “You,” or “Your” refers to the individual participating in the Event and utilizing equipment provided by IICE FITNESS.
“IICE FITNESS,” “Company,” “Provider,” “We,” “Us,” or “Our” refers to IICE FITNESS LLC.
“Equipment” refers to any bikes, cycling shoes, pedals, cleat systems, accessories, or related rental equipment provided by IICE FITNESS.
“Event” refers to the American Heart Association event and all associated activities.
EQUIPMENT USE ACKNOWLEDGMENT
Participant acknowledges that use of stationary cycling equipment and cycling shoes utilizing SPD or Delta cleat systems involves inherent and significant risks, including but not limited to:
falls;
inability to disengage from pedals;
improper setup or fitting;
equipment movement or instability;
loss of balance;
collisions;
slipping;
muscle strain;
overexertion;
dehydration;
cardiac events;
equipment misuse;
participant error; and
other risks that may result in serious bodily injury, illness, disability, or death.
Participant voluntarily assumes all risks associated with participation in the Event and use of the Equipment.
Participant acknowledges that it is Participant’s responsibility to inspect the Equipment prior to use and immediately notify Event staff of any concerns before participating. Participant agrees to seek assistance from Event staff if Participant is unfamiliar with operation or use of the Equipment.
Participants acknowledge that periodic adjustments, tightening, repositioning, or minor maintenance of certain components, including pedals, cleats, seats, handlebars, or straps, may occasionally be necessary during use.
INSTRUCTION, FITTING, AND SUPERVISION ACKNOWLEDGMENT
Participant understands and agrees that IICE FITNESS is not responsible for:
Participants acknowledge that any instruction, guidance, supervision, fitting, or setup assistance is provided solely by Event organizers, instructors, volunteers, or personnel designated by AHA.
Participants agree that IICE FITNESS shall not be liable for the acts, omissions, conduct, instruction, supervision, setup, or management provided by AHA, its instructors, volunteers, contractors, staff, or participants.
ALCOHOL ACKNOWLEDGMENT
Participants acknowledge that alcohol may be present or served at the Event by parties unrelated to IICE FITNESS.
Participant understands and agrees that IICE FITNESS does not provide, serve, monitor, supervise, or control any alcohol-related activities and assumes no responsibility or liability arising from the consumption or effects of alcohol by any participant or third party.
Participants voluntarily assume all risks associated with the presence or consumption of alcohol at the Event.
VENUE AND EVENT CONDITION ACKNOWLEDGMENT
Participant understands and agrees that IICE FITNESS does not own, operate, control, inspect, maintain, supervise, or manage the Event venue, premises, or overall Event operations.
Participants acknowledge that IICE FITNESS has no control over the condition, safety, maintenance, staffing, security, layout, operation, or management of the Event venue or surrounding premises.
Participant further acknowledges that IICE FITNESS is not responsible for:
flooring or surface conditions;
wet or slippery areas;
trip or fall hazards;
crowd conditions;
lighting;
staging or event structures;
venue maintenance;
weather-related conditions;
emergency response;
security;
actions of attendees, volunteers, vendors, or third parties; or
any other conditions related to the Event or venue.
Participant voluntarily assumes all risks associated with entering, attending, participating in, or moving throughout the Event venue and surrounding premises.
Participant agrees that IICE FITNESS shall not be liable for any slip and fall incidents, premises-related injuries, venue conditions, or other injuries, damages, or losses arising from conditions unrelated to the Equipment itself.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify IICE FITNESS LLC and all of its respective owners, members, managers, officers, employees, contractors, agents, representatives, successors, heirs, and assigns (collectively, the “Released Parties”).
The undersigned Participant, on Participant’s own behalf and on behalf of Participant’s heirs, assigns, personal representatives, next of kin, successors, and any minor participant for whom Participant signs, acknowledges and agrees as follows:
Participation in the Event and use of the Equipment is completely voluntary.
The participant fully understands and appreciates the inherent risks associated with physical activity, cycling activities, use of cycling equipment, participation in public events, and use of SPD or Delta cleat systems.
Participant knowingly and voluntarily assumes all risks associated with participation in the Event and use of the Equipment, including risks of bodily injury, illness, permanent disability, emotional distress, property damage, and death.
Participant understands that injuries or damages may arise from:
Participant’s own actions or omissions;
actions or omissions of other participants;
actions or omissions of Event staff, instructors, volunteers, or third parties;
improper use of Equipment;
physical exertion;
pre-existing medical conditions;
venue conditions; or
unforeseen circumstances.
Participant knowingly and freely releases, waives, acquits, and forever discharges the Released Parties from any and all claims, liabilities, demands, actions, causes of action, damages, losses, costs, expenses, or compensation arising out of or relating to participation in the Event or use of the Equipment, including claims arising from ordinary negligence.
Participant agrees not to sue or bring any claim against IICE FITNESS or the Released Parties for any injury, loss, damage, death, or expense arising out of participation in the Event or use of the Equipment.
Participant agrees to indemnify, defend, and hold harmless IICE FITNESS and the Released Parties from any claims, liabilities, damages, costs, or expenses arising from Participant’s actions, conduct, misuse of Equipment, or violation of Event rules.
MEDICAL ACKNOWLEDGMENT
Participants acknowledge that participation in cycling activities and physical exercise may place significant stress on the body and may involve risks to individuals with underlying medical conditions.
Participant affirms that Participant is physically capable of participating in the Event and using the Equipment and has not been advised otherwise by a qualified medical professional.
Participants understand that IICE FITNESS does not provide medical advice or medical screening.
Participant acknowledges that it is Participant’s sole responsibility to consult a physician prior to participating if Participant has any medical condition, injury, illness, physical limitation, pregnancy, cardiovascular condition, neurological condition, orthopedic condition, respiratory condition, or other health concern.
Participant agrees to immediately stop participation if Participant experiences pain, dizziness, faintness, shortness of breath, nausea, loss of coordination, or any other concerning symptoms.
PHOTOS, VIDEOS, AND MEDIA RELEASE
Participants understand and agree that photographs, videos, and recordings may be taken during the Event.
Participant grants IICE FITNESS permission to use Participant’s image, likeness, voice, or appearance in photographs, videos, recordings, or promotional materials for lawful business or promotional purposes without compensation.
PERSONAL PROPERTY
Participant acknowledges that IICE FITNESS is not responsible for lost, stolen, or damaged personal property.
Participants assume all risk related to personal belongings brought to or left at the Event venue.
SEVERABILITY
If any portion of this Waiver is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW
This Waiver shall be governed by and interpreted in accordance with the laws of the State of Texas.
ACKNOWLEDGMENT OF UNDERSTANDING
BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES THAT:
Participant has carefully read this Waiver;
Participant fully understands its contents;
Participant understands that Participant is waiving substantial legal rights;
Participant signs this Waiver freely and voluntarily;
Participant understands participation is voluntary; and
Participant intends Participant’s signature to be a complete and unconditional release of liability to the fullest extent permitted by law.
PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS, AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.