CLub Membership Waiver

Each rider is required to read and acknowledge their agreement with the Mobile Bay Riders Cycling Club Ride (here in after MBRCC) Waiver prior to riding in a MBRCC sponsored group ride or event. If you are under 18 years of age please reach out to the club president at info@mobilebayrcc.org.

While bicycling is an outstanding recreational sport, it also involves risks. Some of these risks include but are not limited to: traveling on or crossing heavily traveled roads, winding roads, steep descents, potholes, accidents, unexpected moves of another rider, physical exertion, fatigue, flat tires, and motorists. Ride terrain, environmental conditions, pace and distance may vary from the written or verbal description.

MBRCC requires the wearing of helmets on MBRCC sponsored rides. You agree to hold MBRCC harmless for any injury resulting from your failure to wear a helmet or improper wearing of a helmet.

The undersigned acknowledges that the risk inherent in recreational bicycling and the undersigned agrees to assume all risks associated with participation in MBRCC activities. The undersigned further agrees to save and hold harmless MBRCC, its officers, directors, coordinators, employees, volunteers, other ride attendees from any and all liability for any injury or damage resulting from, or in any way connected with, participation in MBRCC sponsored related activities that are promoted on the club website or Facebook Group. Non club sanctioned rides or meet ups rides arranged and conducted by individual club members are not club rides and the club has no obligation to or oversight for such events. I warrant that I am competent to ride safely and that my bicycle and equipment are in safe working condition. I agree to obey all traffic laws and to practice safety and courtesy when cycling. There by consent to and permit any emergency treatment in the event of injury or illness.

All members agree to and be bounded by the club Code of Conduct as listed on the club website mobilebayrcc.org

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“RELEASE”)

In consideration of being permitted to participate in any way in the bicycle ride or other activity or event sponsored by the MBRCC (a “Bicycling Activity” or “Activity”), I, for myself, my personal representatives, assigns, heirs, and next of kin, hereby agree as follows:

1. Acknowledgment of Risk and Physical Condition

I ACKNOWLEDGE, agree, and represent that I understand the risks involved in participating in any Bicycling Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity, and upon which the hazards of traveling are expected. I further agree and warrant that if, at any time, I believe that conditions are unsafe, I will immediately discontinue further participation in the Activity.

2. Assumption of Risk

I FULLY UNDERSTAND that:

(a) THE ACT OF PARTICIPATING IN BICYCLING EVENTS, AND SPECIFICALLY, THE ACTIVITY, INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”);

(b) These Risks and dangers may be caused by my own actions or inactions, or by the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW;

(c) There may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and

(d) I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.

3. Release of Liability and Indemnification**

I HEREBY RELEASE, DISCHARGE, AND AGREE NOT TO SUE the Mobile Bay Riders Cycling Club LLC, the directors and officers of this entity (including, but not limited to, any persons involved in organizing and promoting any Activity), the foregoing entity’s agents, volunteers, club members, other participants, any other sponsors, advertisers, promoters, and, if applicable, owners and lessors of any premises on which the Activity takes place (each considered one of the “RELEASEES” herein), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES INCURRED AS THE RESULT OF MY PARTICIPATION IN THE BICYCLING ACTIVITY (INCLUDING, BUT NOT LIMITED TO, CLAIMS, LOSSES, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE), AND FURTHER INCLUDING NEGLIGENT RESCUE OPERATIONS.

I FURTHER AGREE that if, despite this RELEASE, I or anyone on my behalf makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney’s fees, loss, liability, damage, or cost which any of the Releasees may incur as the result of such claim.

4. Safety Agreement

I HEREBY AGREE to wear a helmet and to refrain from wearing headphones or earphones when participating in the ride.

5. Traffic Laws

I HEREBY AGREE that I am solely responsible for following all traffic laws and agree to follow all applicable rules of the road. I take sole responsibility for my actions regardless of verbal feedback from other riders as others perspective and understanding of current ride conditions will vary from mine.

6. Understanding and Acceptance

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND ACKNOWLEDGE THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENTS OR ASSURANCE OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY RELATING TO THE BICYCLING ACTIVITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, I AGREE THAT THE REMAINING TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.

Alabama Bicycle Riding Laws are as follows: §32-5A-260 - Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature can have no application.

§32-5A-263- Riding on roadways and bicycle paths.

(a) Every person operating a bicycle on a roadway shall ride as near to the right side of the road ways practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(c) Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

§ 32-5A-265 - Lamps and other equipment on bicycles.

(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear maybe used in addition to the red reflector.

(b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

§ 32-5A-282 - Purpose.

The purpose of this article is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that, while riding on a bicycle on public roadways, public bicycle paths, or other public rights-of-way, all operators and passengers who are under 16 years of age to wear approved protective bicycle helmets, and by requiring that all bicycle passengers who weigh less than 40 pounds or are less than 40 inches in height be seated in separate restraining seats.

I have read, acknowledge, and agree to obey the Alabama Bicycle Riding Laws.

I agree I am older than 18 years. I give to MBRCC, its designees, agents and assigns, unlimited permission to use, publish and re-publish in any form or media, reproductions of my likeness, (photograph or video) with or without identification of me by name. I agree to not demand payment or any other compensation and agree to hold the above parties harmless of all liability arising from such use.

This waiver and membership in the club becomes unbounded if the riders membership payment to the club is not received within 7 days or rescinded in any way after submission. Members deemed not conforming to the Code of Conduct may have their membership terminated.