PARTICIPANT WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT In consideration of being allowed to participate in the The Pumpkin Pedaler Bicycle Tour bicycling tour and any related events, activities and training rides (collectively “The Pumpkin Pedaler Bicycle Tour”), I, the undersigned, understand, acknowledge, appreciate and agree that:

  1. I am at least 18 years old.
  2. While participating in The Pumpkin Pedaler Bicycle Tour, I will be using public streets and facilities where many hazards exist and I am aware of and appreciate the risks that may result.
  3. The risk of injury from participation in The Pumpkin Pedaler Bicycle Tour is significant, including the potential for severe dehydration, permanent paralysis and death, and while particular rules, safety initiatives, equipment and personal discipline may reduce this risk, the risk of serious injury does exist.
  4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, associated with participating in The Pumpkin Pedaler Bicycle Tour, and, understanding such risks, voluntarily desire to participate in The Pumpkin Pedaler Bicycle Tour.
  5. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participating in The Pumpkin Pedaler Bicycle Tour EVEN IF SUCH RISKS ARISE FROM THE INTENTIONAL OR NEGLIGENT CONDUCT OF THE RELEASEES (defined below) or others, and regardless of whether such risks are covered by my personal health insurance or other types of insurance; and I assume full responsibility for my participation in The Pumpkin Pedaler Bicycle Tour.
  6. I acknowledge and agree that I, and I alone, am solely responsible for my personal health and safety and the personal property I bring with me.
  7. I agree that I am physically capable of participating in The Pumpkin Pedaler Bicycle Tour. If I am aware of or under treatment for any physical infirmity, ailment or illness, I will obtain my medical care provider’s approval to participate in The Pumpkin Pedaler Bicycle Tour and I will maintain personal health insurance while participating in The Pumpkin Pedaler Bicycle Tour. I further understand that I may be asked to provide a doctor’s note or other proof that my primary health care provider has permitted me to participate in The Pumpkin Pedaler Bicycle Tour. I further understand that, if I do not maintain an average speed of at least 8 miles per hour while participating in The Pumpkin Pedaler Bicycle Tour, I may be asked to alter or conclude my ride in order to preserve appropriate safety parameters.
  8. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care.
  9. I willingly agree to read all of The Pumpkin Pedaler Bicycle Tour’s rules of participation and all safety materials provided by The Pumpkin Pedaler Bicycle Tour, including specifically all of the information included in the Event Handbook and all related materials.
  10. At all times while participating in The Pumpkin Pedaler Bicycle Tour, I willingly agree to abide by all rules and regulations established by the The Pumpkin Pedaler Bicycle Tour organizers, staff and support personnel as well as all traffic laws and local vehicle codes and all rules of the road, including but not limited to the following:
    • Helmets must be worn at all times while riding.
    • Obey all traffic signs and signals at all times.
    • Be aware of what’s going on around you at all times. The Pumpkin Pedaler Bicycle Tour is conducted on open roads. Motor vehicle traffic will always be present.
    • Ride single file and as far to the right of the road as is safely possible, except to pass.
    • Pass on the left side only.
    • Headphones, iPods and radios are strictly prohibited while riding.
    • Ride defensively in consideration of your fellow riders.
    • Communicate with your fellow riders, using proper cycling terms such as “on your left” and “car back.”
    • Use proper hand signals when turning.
    • Make left turns from center of road or left turn lane.
    • Cross railroad tracks at right angles.
    • Do not cross the yellow centerline regardless of passing zone.
    • When approaching intersections that require vehicles to yield or stop, each cyclist is responsible for verifying that the intersection is clear before proceeding into the intersection.
    • Ride in control of your bike at all times, including being able to stop within a reasonable distance.
    • Be predictable so that riders behind you have fair warning of your actions.
    • Endangering the safety of your fellow riders is strictly prohibited.
    • Obey instructions from all law enforcement personnel.
    • Obey instructions from the The Pumpkin Pedaler Bicycle Tour staff, road crew and volunteers.
    • Pay attention to and obey information on all road signs, including all signs posted by The Pumpkin Pedaler Bicycle Tour.
    • Speak out when observing a violation. When spoken to, your response should be in appreciation of the concern expressed.
    • When you stop, move well off the road so you don’t interfere with oncoming traffic. When you embark after stopping, yield to oncoming traffic before proceeding into the road.
    • The Pumpkin Pedaler Bicycle Tour is not a race and should not be treated as a race at any time or under any circumstances.
  11. I willingly agree to comply with the stated and customary terms and conditions for participation in The Pumpkin Pedaler Bicycle Tour. If, however, I observe any unusual significant hazard during my presence at or participation in The Pumpkin Pedaler Bicycle Tour, I will remove myself from participation and bring such hazard to the attention of the nearest official immediately.
  12. I willingly agree that I will not ride with an infant or child in a seat attached to my bicycle or any other riding apparatus at any time during The Pumpkin Pedaler Bicycle Tour.
  13. I, on behalf of myself and my heirs, assigns, personal representatives, administrators, estate and next of kin, HEREBY VOLUNTARILY, IRREVOCABLY AND FOREVER: (i) RELEASE The Pumpkin Pedaler Bicycle Tour, The Pumpkin Pedaler Foundation, Inc., each sponsor of The Pumpkin Pedaler Bicycle Tour, each funding partner of The Pumpkin Pedaler Bicycle Tour, each owner and/or lessor of any premises, property or piece of equipment used to conduct The Pumpkin Pedaler Bicycle Tour, each of the foregoing parties’ respective affiliates, and each of the foregoing parties’ respective current and former owners, partners, members, officers, directors, trustees, advisors, consultants, employees, agents, volunteers, officials, representatives, successors, assigns and other participants (collectively, “RELEASEES”), FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY AND ALL INJURIES, DISABILITIES, DEATH, LOSSES OR DAMAGES TO PERSON OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH MY PARTICIPATION IN THE PUMPKIN PEDALER POKER RUN, WHETHER OR NOT CAUSED BY THE INTENTIONAL CONDUCT, ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; (ii) WAIVE MY RIGHT TO SUE OR MAKE ANY DEMAND WHATSOEVER against any RELEASEE for any damages or losses arising, directly or indirectly, in connection with my participation in The Pumpkin Pedaler Bicycle Tour; (iii) AGREE NEVER TO SUE ANY RELEASEE asserting any claim for damages or losses suffered, directly or indirectly, in connection with my participation in The Pumpkin Pedaler Bicycle Tour; and (iv) AGREE TO INDEMNIFY AND HOLD EACH RELEASEE HARMLESS from any and all claims, demands, suits, damages, expenses, costs, liabilities, judgments, settlements and losses of any and every kind suffered or incurred by any RELEASEE and arising, directly or indirectly, in connection with my participation in The Pumpkin Pedaler Bicycle Tour.
  14. I understand this Waiver, Release of Liability and Assumption of Risk Agreement inures to the express benefit of the RELEASEES and may be relied upon and enforced by any RELEASEE. I also understand that the effectiveness of this Waiver, Release of Liability and Assumption of Risk shall indefinitely survive my participation in The Pumpkin Pedaler Bicycle Tour.
  15. I understand and agree that my name, photograph, voice or likeness may be used by the RELEASEES for informational, educational, promotional and/or publicity purposes, among others, including but not limited to use on websites or in publications, displays, newspapers, magazines, advertisements, reports, videotapes, audiotapes and other media. I consent to and authorize, in advance, all such uses and waive all rights of privacy I have in connection therewith. I further understand that I will not be compensated for any such use. I also agree to release the RELEASEES from any and all liability arising out of or connected to the use of my name, photograph, voice or likeness as stated above.

I HAVE CAREFULLY READ THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND THE TERMS OF THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I AM AWARE THAT BY SIGNING THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT OR BY SELECTING THE “I ACCEPT” BUTTON DURING THE ON-LINE REGISTRATION PROCESS, I AM AGREEING TO ALL OF THE TERMS OF THE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, INCLUDING WAIVING SIGNIFICANT LEGAL RIGHTS. KNOWING ALL OF THIS, I AGREE TO THE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT IN ITS ENTIRETY FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.