RELEASE OF LIABILITY/ASSUMPTION OF RISK/CONSENT
2023 French Creek Iron Tour
THIS RELEASE OF LIABILITY/ASSUMPTION OF RISK/CONSENT (“RELEASE”) IS A LEGAL DOCUMENT THAT COULD COMPROMISE YOUR RIGHTS AND CLAIMS AGAINST THE RELEASED PARTIES (AS DEFINED BELOW) AND OTHER PERSONS AND ENTITIES.
BY REGISTERING FOR THE IRON TOUR, YOU AGREE TO THE TERMS, CONDITIONS AND OTHER PROVISIONS OF THIS RELEASE AS STATED BELOW. PLEASE READ THIS RELEASE CAREFULLY. IF YOU DO NOT AGREE TO THIS RELEASE, DO NOT REGISTER FOR THE IRON TOUR.
1. Agreement to this Release. I wish to participate in the June 2023 French Creek Iron Tour in one or more of the formats in which it may be held (virtual, a physical ride, a combination, or other format) and in some or all of the activities associated therewith, such as check-in, meals, entertainment and associated gatherings (all of which is together referred to herein as the “Iron Tour”). In consideration for the information, authorization, services, assistance and other consideration that will enable and assist me to participate in the Iron Tour, and recognizing the reliance of the Released Parties on my agreement to this Release, on behalf of my heirs, executors, administrators, successors and legal representatives, by my registration I agree as stated below.
2. Acknowledgement of Risks; Disclaimers.
a. I understand that the Iron Tour is a potentially dangerous activity that involves known, unknown, foreseeable and unforeseeable risks of injury, disability, illness, death, and/or property damage. These risks could include, for example, collision with objects, vehicles, riders, pedestrians, or other persons; acts or omissions of riders, vehicle operators, the Released Parties, and other persons; riding surface hazards and conditions (such as gravel, sand, debris, water, cracks, potholes, bumps, storm grates, weather, traffic and other conditions); equipment failure or inadequacy; falls; and other causes, conditions and events. In addition, I understand that by participating in the Iron Tour I could be exposed to or infected with Covid-19 or other conditions.
b. I understand that in the unlikely case of a “virtual” Iron Tour, it will only include information about certain Iron Tour routes that have not been inspected or marked, and that do not include SAG, rest stop, food, drink, guidance, supervision, or other support of any kind.
c. I understand that I may incur additional risks based on my physical conditioning and medical status, and I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Iron Tour.
d. I understand that while the Released Parties have implemented certain measures to reduce the risks associated with the Iron Tour, they have not made and specifically disclaim any warranties or guarantees that I will not suffer injury, disability, illness, death, and/or property damage, or become exposed to or infected with Covid-19, as the result of my participation in the Iron Tour. I further understand, that the Released Parties disclaim any responsibility to monitor or supervise my participation in the Iron Tour or to provide warnings or guidance in respect to the risks, dangers or conditions I may encounter, and that it is solely my responsibility to guard against and prepare for such risks, dangers and conditions, and to comply with all traffic, safety, health and related laws, regulations and best practices.
3. Assumption of Risk, Release of Claims and Covenant not to Sue. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE IRON TOUR WITH KNOWLEDGE OF THE RISKS AND DANGERS INVOLVED, (A) I AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, DISABILITY, ILLNESS, DEATH, PROPERTY DAMAGE AND INFECTION DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO MY PARTICIPATION IN THE IRON TOUR, (B) I WAIVE, RELEASE AND DISCHARGE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL RIGHTS AND CLAIMS WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND LEGAL REPRESENTATIVES HAVE, MAY HAVE, OR MAY HEREAFTER HAVE DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO MY PARTICIPATION IN THE IRON TOUR, AND (C) I COVENANT NOT TO ASSERT ANY SUCH RIGHTS OR BRING ANY SUCH CLAIM AGAINST ANY OF THE RELEASED PARTIES, WHETHER ANY OFTHE FOREGOING RISKS, DANGERS, RIGHTS AND CLAIMS WERE AT ANY TIME FORESEEABLE, UNFORESEEABLE, KNOWN OR UNKNOWN.
4. Definition of Released Parties. The Released Parties shall include the French & Pickering Creeks Conservation Trust, Inc. and its agents, employees, owners, officers, directors, contractors, volunteers, and affiliated persons and entities (jointly, “Trust”), as well as (1) the sponsors, donors, promoters, organizers, volunteers, and supporting persons and organizations of the Iron Tour, (2) all rest stop hosts and locations, including, without limitation, Kimberton Fire Company, Vincent Meeting House, Hopewell Furnace National Historic Site, Valley Forge National Park, Hibernia Park, Warwick Furnace Farm, Great Marsh Institute, Coventry Woods, Valley Forge University, French Creek State Park, Schuylkill River Trail and the Owen J. Roberts School District, (3) all other involved property owners and/or involved municipalities or governmental entities, and (4) all of the agents, employees, owners, officers, directors, contractors, volunteers, and affiliates associated with each of the foregoing.
5. Publicity Release. I agree that any photograph, video, film and/or voice recording of me that arises from, references or is related to my participation in the Iron Tour, whether created by or on behalf of the Trust, or by me or anyone on my behalf, or whether posted on social media, may be used in promoting or advertising the Trust and/or the Iron Tour with no compensation due.
6. Miscellaneous. This Release may not be modified, supplemented, waived or revoked in whole or part except by way of a writing signed by the registrant and the Trust. This Release is governed by the laws of Pennsylvania without regard for the choice of law provisions thereof, and constitutes an enforceable assumption of risk and release of liability that is as broad and inclusive as the law of Pennsylvania allows. If any portion of this Release shall be found to be unenforceable or invalid then the remainder shall remain in full force and effect.

I HEREBY CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER AND THE NAMED REGISTRANT, AND I UNDERSTAND AND AGREE TO ALL OF THE ABOVE. ALTERNATIVELY, I CERTIFY THAT I AM THE PARENT/LEGAL GUARDIAN OF THE IDENTIFIED MINOR UNDER 18 YEARS OF AGE OR THE LEGAL GUARDIAN OF THE IDENTIFIED INCAPACITATED AND/OR MENTALLY CHALLENGED PERSON, I REPRESENT THAT I AM ENTITLED TO AGREE TO THIS RELEASE ON SUCH PERSON’S BEHALF, AND I UNDERSTAND AND AGREE TO ALL OF THE ABOVE ON BEHALF OF SUCH PERSON.