WAIVER AND RELEASE OF LIABILITY – PLEASE READ BEFORE SIGNING

I desire to participate in the Urban Bicycle Food Ministry (UBFM) Nashville food preparation and/or distribution rides (“Activities”) including, without limitation, to assist with food preparation, or to ride a bicycle or walk with the riders, whether the bicycle is owned by UBFM Nashville, me, or any other party, or otherwise participate wherever the UBFM Nashville Activities take place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activities. In consideration of being permitted to participate in the Activities, I hereby agree to all the terms of this Waiver and Release of Liability  (this "Waiver and Release"), including all the covenants and agreements listed on this form.

 INHERENT RISKS OF INJURY

I understand that the risk of injury from the Activities involved in his program is significant, and while skills, equipment, and personal discipline may reduce this risk, the risk of serious injury or death does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of UBFM Nashville or others, including other volunteers and the people UBFM Nashville serves, and assume full responsibility for my participation.  I willingly agree to comply with all safety rules and instructions for participation, to include but not limited to, obeying all traffic laws, wearing a buckled helmet and any other safety equipment required by UBFM Nashville AT ALL TIMES during the ride, ALWAYS staying with the group, and watching for and alerting my fellow riders to approaching vehicles as needed, and following any other instructions given by UBFM Nashville group leaders. If, however, I observe any unusual, significant hazard, condition, or conduct that might endanger myself or others during my presence or participation, I will bring such to the attention of a UBFM Nashville representative immediately.

ASSUMPTION OF RISK

I understand that there are certain risks associated with participation in the Activities.  Riding bikes to deliver food with UBFM Nashville requires a certain level of fitness as it can be a vigorous activity.  All riders should check with their physicians before participation, and periodically in continued participation, to determine whether they possess the fitness and health needed to safely participate.  While riding on city streets, riders are likely to encounter risks including, but not limited to. reckless or negligent drivers; physical obstructions such as car doors suddenly opening, pedestrians, trolleys, trolley tracks, potholes, wet or otherwise slick surfaces, and others; and unpredictable behavior and conduct of others including other volunteers and people UBFM Nashville serves and/or encounters before, during and after rides.  I understand that all these risks could result in minor injuries (such as scrapes and cuts) to serious injuries (such as concussions and broken bones) to catastrophic injuries (such as paralysis, coma, or even death) and I assume these and other risks which I may encounter during my participation with UBFM Nashville.  As such, I attest that I am in good health, have no health problems that preclude participation, have the skill and fitness level needed to participate safely with UBFM Nashville, and that my medical care provider has not recommended against vigorous physical activity. 

RELEASE OF LIABILITY IN THE EVENT OF PROVIDER NEGLIGENCE

In consideration of my being allowed to participate with UBFM Nashville, I, for myself and on behalf of anyone who might represent me now or in the future (e.g. spouse, parents, children, heirs, assigns, administrators, personal representatives and next of kin), hereby release, indemnify, and hold harmless from any and all claims UBFM Nashville and their agents, volunteers, officers, directors, and successors. This release of liability extends to every phase of participation including, but not limited to, arriving on site to include parking lots, sidewalks, and facilities; preparing meals; preparing for rides; riding the chosen routes; utilizing equipment including bicycles, helmets, equipment in the kitchen, and other equipment provided by UBFM Nashville; and engaging with other volunteers and the people UBFM Nashville serves.

PERMISSION TO TREAT AND ASSUMPTION OF COSTS

I hereby authorize UBFM Nashville representatives to administer emergency medical care if needed including, but not limited to, first aid and CPR and I authorize UBFM Nashville representatives to seek medical care, emergency transport, and to share medical information with medical personnel if reasonably needed.  I understand that I would be responsible for and I assume all costs associated with same.

INDEMNIFICATION

Additionally, in consideration of my being allowed to participate with UBFM Nashville, I hereby agree to indemnify, reimburse, defend, and hold harmless UBFM Nashville representatives to include legal costs, attorney fees, court costs and investigative costs related to any claims made by me and anyone else representing me now or in the future arising out of an injury to me and/or claims of co-participants, rescuers and others arising from my conduct during my participation.  I further hereby agree to indemnify and reimburse any damage caused to UBFM Nashville property including their facilities and equipment caused by my negligent, reckless, or intentionally destructive conduct.

USE OF LIKENESS AND IDENTITY

I hereby release, consent to, and authorize, in advance, any such use of my name, photograph, voice or likeness by UBFM Nashville in any manner they deem appropriate without remuneration to me. 

OTHER LEGAL CONSIDERATIONS

I agree that this Waiver and Release shall be construed in accordance with the laws of the State of Tennessee, and any action or claim shall fall within the jurisdiction and venue of Davidson County, Tennessee.   If any provision of this agreement is found to be void by any court of competent jurisdiction, I acknowledge and agree that the remaining provisions will remain in full force and effect.  I hereby make a convent not to sue in the event of loss or injury but agree to submit any claim I might bring to binding arbitration.  This agreement contains the entire understanding between me and UBFM Nashville and supersedes any and all previous written or oral promises or agreements.

I HAVE CAREFULLY READ THIS WAIVER AND RELEASE; FULLY KNOW AND UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION WITH UBFM NASHVILLE; I APPRECIATE THOSE RISKS; AND AGREE TO ASSUME RESPONSIBILITY FOR THOSE RISKS HOLDING HARMLESS AND INDEMNIFYING UBFM NASHVILLE DURING THIS AND ALL SUBSEQUENT PARTICIPATION.  I AFFIRM THAT I UNDERSTAND THAT I AM RELINQUISHING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF UBFM NASHVILLE.  DESPITE THE ABOVE, I AFFIRM THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH UBFM NASHVILLE AND I AM VOLUNTARILY SIGNING THIS AGREEMENT WITH THE FULL INTENT OF RELEASING UBFM NASHVILLE OF LIABILITY FOR INJURY OR LOSS DUE TO THE INHERENT RISKS OF THE ACTIVITY OR DUE TO THE ORDINARY NEGLIGENCE OF UBFM NASHVILLE.