Commitment & Waivers

Release of Liability and Assumption of Risk

ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

IN CONSIDERATION for my [and/or my child(ren) or ward(s)], being permitted to participate in, work at, volunteer at, and/or observe the PMC Unpaved and related events and utilize the services and facilities associated with those events, I, on behalf of myself [and my child(ren), ward(s)] and any personal representatives, heirs, and next of kin (together, "the Undersigned") hereby state as follows:

Generally

1. I acknowledge and agree that the risk of injury, damage or property loss from participation in PMC Unpaved and related events as a rider, worker, volunteer, or observer is significant, including the potential for permanent physical harm to me, including death, and/or property damage or loss, and while particular rules, equipment, and personal discipline may reduce those risks, the risk of serious injury does exist, as does the risk of property damage or loss;

2. I acknowledge and understand that photographs and/or videos may be taken of me [and/or my child(ren) or ward(s)] in connection with PMC Unpaved and related events, and hereby consent to the taking of such photographs and videos and the publication of such photographs and videos; and,

3. I agree to comply with the stated and customary terms and conditions for participation in PMC Unpaved and related events, including that, if I observe an unusual significant hazard during my presence or participation, I agree to bring the hazard to the attention of the nearest official immediately and, as appropriate, remove myself from participation.

Covid-19 Related

[On behalf of myself and my child(ren) and ward(s),] I hereby further:
4. agree, represent, and warrant that I will not [and my child(ren) or ward(s) will not] participate, in person, in services or programs related to PMC Unpaved or visit the facilities associated with PMC Unpaved if I [or they] (i) are experiencing symptoms of COVID-19 (which term, for purposes of this agreement, includes its variants and similar illnesses), including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) have a suspected or diagnosed/confirmed case of COVID-19, or (iii) within the preceding 10 days, have had what the Centers for Disease Control (“CDC”) defines as “close contact” with any person who has a suspected or confirmed case of COVID-19.

5. acknowledge that, although PMC Unpaved has taken certain steps to reduce or mitigate the transmission of COVID-19 in connection with the operation of PMC Unpaved and related events, services and facilities, due to the nature of COVID-19 and the nature of the events, services and facilities: (i) transmission of the virus cannot be ruled out, (ii) CDC-recommended social distancing among participants or others is not always possible, and (iii), despite PMC Unpaved’s reasonable efforts to mitigate such dangers, the PMC cannot guarantee that my [or my child(ren)’s or ward(s)’] participation in PMC Unpaved and/or related events, services and facilities will not result in exposure to COVID-19, which could in turn result in quarantine or isolation requirements, serious illness, disability, and/or death.

6. AGREE THAT PROOF OF FULL CDC-APPROVED VACCINATION AND BOOSTERS (AS APPLICABLE) AGAINST COVID-19 IS REQUIRED FOR PARTICIPATION IN PERSON (INCLUDING AS A RIDER, WORKER, VOLUNTEER, OR OBSERVER) IN ANY PMC UNPAVED-SUPPORTED RIDE OR EVENT, AND THAT IF I [OR MY CHILD(REN) AND/OR WARD(S)] AM NOT FULLY VACCINATED, I WILL NOT PARTICIPATE IN PERSON IN A PMC UNPAVED-SUPPORTED EVENT (BUT MAY PARTICIPATE IN A REIMAGINED OR VIRTUAL RIDE).

7. acknowledge and agree that, if prior to a PMC Unpaved ride or event, PMC Unpaved chooses to implement additional or modified pre-conditions to participate in that ride or in that event, or chooses to implement other safety measures, I [and my child(ren) and/or ward(s)] will abide by those pre-conditions and/or safety measures.

Reimagined or Virtual Ride, and Training

Because of public health concerns and/or related concerns associated with COVID-19, I understand that my [and/or my child(ren)’s or ward(s)’] participation in PMC Unpaved and/or related events may have to be “reimagined” or “virtual,” rather than conducted in the standard or in-person manner. In addition, I may, for my own reasons, choose to participate [and/or have my child(ren) or ward(s) participate] in the events in a reimagined or virtual way. If I [and/or my child(ren) or ward(s)] choose to participate in PMC Unpaved and/or related events in a reimagined or virtual way, and during my [and/or my child(ren)’s or ward(s)’] training for the events (whether I participate in the actual events or in a reimagined or virtual manner), I [, on behalf of myself and my child(ren) and ward(s)], further:

8. acknowledge and understand that neither a reimagined or virtual PMC Unpaved, or the training for a reimagined, virtual or actual PMC Unpaved, is sponsored by the PMC;

9. acknowledge and understand that PMC Unpaved cannot and does not provide support for reimagined or virtual rides/events or training, even if PMC Unpaved sometimes offers ideas or tips for training or riding;

10. represent to being in good health and in good physical condition and able to undertake the ride/event or training;
11. agree that it is my [and my child(ren)’s, ward(s)’] responsibility to know and abide by applicable public health regulations and state and local laws applicable to my participation in reimagined and virtual events, and in training; and

12. understand that PMC Unpaved is not liable for anything that happens as a result of a reimagined or virtual ride, or the training for such a ride or for an in-person PMC Unpaved, including but not limited to personal injury and illness, and property damage or loss.

THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND THE RISK OF ILLNESS, BODILY INJURY, DEATH, PROPERTY DAMAGE, AND PROPERTY LOSS, WHETHER DUE TO NEGLIGENCE, ACTIVE OR PASSIVE, OR OTHERWISE, WHILE TRAINING FOR, PARTICIPATING IN, WORKING OR VOLUNTEERING AT, OR OBSERVING PMC UNPAVED OR RELATED ACTIVITIES, AND/OR WHILE USING THE FACILITIES OR EQUIPMENT ASSOCIATED WITH SUCH ACTIVITIES, AND/OR WHILE TRAINING FOR AND ENGAGING IN A REIMAGINED OR VIRTUAL PMC UNPAVED, WHETHER SUCH ILLNESS, INJURY, DAMAGE OR LOSS IS RELATED TO COVID-19 OR OTHERWISE, AND WHETHER OR NOT COVERED BY MY PERSONAL HEALTH OR OTHER TYPE OF INSURANCE.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE, WORK OR VOLUNTEER AT, TRAIN FOR, AND/OR OBSERVE PMC UNPAVED AND RELATED ACTIVITIES, THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAN-MASSACHUSETTS CHALLENGE, INC. AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS, AND ANY OF THE FELLOW PARTICIPANTS OR THEIR FAMILY MEMBERS OR GUESTS (TOGETHER, THE “RELEASEES”) FROM ALL LIABILITY TO THE UNDERSIGNED, AND ANY CLAIMS OR DEMANDS ON ACCOUNT OF ANY PROPERTY DAMAGE OR ANY INJURY TO, OR ANY ILLNESS OR THE DEATH OF, THE UNDERSIGNED, WHETHER CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF PAN-MASSACHUSETTS CHALLENGE, INC. OR THE OTHER RELEASEES WHILE TRAINING FOR, PARTICIPATING IN, WORKING OR VOLUNTEERING AT, OR OBSERVING PMC UNPAVED OR RELATED ACTIVITIES, OR WHILE USING THE FACILITIES OR EQUIPMENT ASSOCIATED WITH SUCH ACTIVITIES, OR WHILE ENGAGING IN A REIMAGINED OR VIRTUAL PMC UNPAVED OR TRAINING THEREFOR, WHETHER SUCH ILLNESS, INJURY, DAMAGE OR LOSS IS RELATED TO COVID-19 OR OTHERWISE, AND WHETHER OR NOT COVERED BY MY PERSONAL HEALTH OR OTHER TYPE OF INSURANCE.

I HAVE CAREFULLY READ AND I VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO ME ON ACCOUNT HEREOF.

I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS ON BEHALF OF THE UNDERSIGNED, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM PAN-MASSACHUSETTS CHALLENGE, INC. IN CASE OF INJURY, DEATH, ILLNESS OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 DURING TRAINING AND/OR PARTICIPATION IN THE PMC AND/OR RELATED EVENTS AND/OR USE OF THE FACILITIES ASSOCIATED THEREWITH, AND/OR ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF A CHILD OR WARD: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY CHILD(REN) AND/OR WARD(S) AND I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON THEIR BEHALF.

FUNDRAISING COMMITMENT

I PERSONALLY GUARANTEE THE FUNDRAISING MINIMUM OF $1,500 WHETHER OR NOT I PARTICIPATE IN PMC UNPAVED. REGISTRATION, INCLUDING ROUTE AND LODGING OPTIONS, ARE NOT TRANSFERRABLE AND NO OTHER PERSON MAY PARTICIPATE IN PMC UNPAVED IN YOUR PLACE.