Riders Out of Darkness Release and Waiver of Liability Form

1. The Basic Legal Terms – What Stuff Means:

    1. The term “Event Organizers” means Riders out of Darkness, it’s members, organizers, sponsors, representatives, agents and volunteers. “Event Organizers” also includes any other person or entity that participated in the organization, planning, sponsorship, administration, production or sponsorship of the Event and their members, organizers, sponsors, representatives, agents and volunteers.
    2. The term “the Event” means the event on May 27, 2023 put on by Riders out of Darkness and the supporting organizations and businesses. This includes any organized ride during the event and related social gatherings.
    3. The term “I”, “me” or any pronoun indicating the first person means the person signing this Registration and Release and Waiver of Liability Form on behalf of themselves, their executors, administrators, heirs, successors, assigns, employees and agents.

 2. Waiver of Liability and Indemnity Agreement.  As consideration for me being permitted to participate in the Event, I waive, release and discharge the Event Organizers from any and all liability for my death, disability, personal injury, property damage, property theft or action of any kind which may accrue to me during the Event or during my traveling to or from the Event.  I intend this to be interpreted broadly as a release and waiver to the maximum extent permissible under applicable law.   I further agree to indemnify and defend (including the payment of attorney’s fees and costs) the Event Organizers for the following types of claims arising out of or related to the Event: (1) claims brought by me; (2) claims related to injury to my person (including medical bills and subrogation), or damage or loss to my property which claims are brought by any person or entity who is not me; (3) claims that are alleged to have resulted from my conduct. This waiver and indemnification applies even instances where my injury is solely caused by the negligence of an Event Organizer.  This waiver and indemnification also includes situations where anyone else is injury where I am partially or wholly responsible.

 3. Consent and Assumption of Risks. I acknowledge that riding a motorcycle is a dangerous activity and carries with it the potential for death, serious injury and/or property loss. These risks are caused by many factors including but not limited to: roadway conditions, other motorists, weather conditions, mechanical conditions of my vehicle and the vehicles of others, my own training, experience and actions, and the actions of other people.  Passengers are also subject to these risks.  I hereby assume all risks of participating, viewing and/or volunteering in this event.  I realize that liability may arise from negligence or carelessness on the part of the Event Organizers and hereby release them of all possible liability.  This Consent and Assumption of Risk runs to the benefit of the Event Organizers and not third parties, such unrelated vehicles controlled by people who are not Event Organizers.

 4. Representations. I represent that I am over the age of 18.  I represent that I will follow all applicable laws and Rules of the Road as established by the Nevada Revised Statutes and relevant city ordinances while participating in the Event. I represent that I am in good health, that my vehicle is in good and safe condition, that I will use appropriate safety gear, and that I will not operate any vehicle while under the influence of alcohol or any narcotic or impairing substance while at the Event or traveling to or from the Event.  I represent that I will not operate any vehicle at the Event or traveling to or from the Event that I am not legally authorized to operate.  I understand that the Event Organizers have no obligation to me to check my health, fitness, safety, sobriety, gear or conduct or anything else.

5. Media Release. I understand video and photographs may be taken of the Event and that I may be in such video and photographs.  I grant the Event Organizers, sponsors, and supporters an unlimited and irrevocable license to use video and photographs of the event that include my likeness, image or voice.  I understand and agree that the Event Organizers may use such video and images, including derivatives thereof, in print and on online platforms, including social media platforms such as Facebook and on websites not associated with social media.  I waive any claim against the Event Organizers arising out of the use of such video and images, including derivatives therefore, including claims for invasion of privacy and the right of publicity.

SPECIFIC ACKNOWLEDGMENT AND ASSUMPTION OF THE RISK. I acknowledge and understand the RELEASE, WAIVER AND AGREEMENT TO INDEMNIFY provision is broad and includes the following:

  1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties. I agree that I will be responsible for my own social distancing and face coverings and that if I feel uncomfortable, I will leave.  I agree that injury derived from COVID-19 is contemplated in the RELEASE, WAIVER AND AGREEMENT TO INDEMNIFY paragraph above; and
  1. Participation in an event includes the risk of injury and death. I hereby acknowledge the risk of injury, harm and loss associated with the Activity. I agree that injury caused by vehicle use, motorcycle use, over heating, participation in rides, activities and games such as, but not limited to, darts, burn outs, jousting, planning the ride, and management and leadership of the ride, including road captaining, is contemplated in the RELEASE, WAIVER AND AGREEMENT TO INDEMNIFY paragraph.