VOLUNTEER AGREEMENT, ASSUMPTION OF RISK, AND GENERAL RELEASE 

This Volunteer Agreement, Assumption of Risk, and General Release (the “Agreement”) is a binding contract between the person identified as the Volunteer below or on the registration form, individually or via the acceptance of this Agreement by his or her guardian, and Bike/Walk Central Florida, Inc., a Florida not-for-profit corporation (“We,” “Us,” and “Our”), whose address is 100 E. Pine Street, Suite110-74, Orlando, Florida 32801.  

YOU SHOULD READ THIS AGREEMENT CAREFULLY 
BEFORE AGREEING TO ITS TERMS. 
THIS AGREEMENT INCLUDES A GENERAL RELEASE AND WAIVER OF JURY TRIAL. 

Terms and Conditions of Volunteer Activities In consideration for permitting the Volunteer to volunteer for events and activities produced, promoted, or conducted by or for Us or in which we participate as an organization (each being the “Event”), the Volunteer acknowledges, understands, and agrees to the following:

Representations and Warranties. The Volunteer and the person executing this Agreement on behalf of the Volunteer represent and warrant to Us and Our vendors, other volunteers, sponsors, and participating organizations that: (A) either: (1) the Volunteer is over the age of eighteen (18), or (2) the person executing this Agreement on behalf of the Volunteer is the legal guardian of the Volunteer, and (B) the person executing this Agreement has the right and authority to execute this Agreement for himself or herself or as guardian for his or her ward.

Acknowledgments. The Volunteer acknowledges that: 

(A) participation in any Event is entirely voluntary, doing so is inherently dangerous, and involves the risk of significant economic and property loss and damage, 
(B) he or she could suffer severe personal injury, permanent disability, dismemberment, or even death, and be exposed to COVID-19 and other communicable diseases, 
(C) each Event takes place on streets, sidewalks, and other locations, facilities, and infrastructure (the “Event Locations”) that are generally accessible by the public, 
(D) each Event Location may contain, and participating in an Event will expose the Volunteer to, hazards, including, but not limited to, vehicles, distracted drivers, other bicyclists, pedestrians, and conditions that are or may become unsafe, 
(E) neither We nor Our vendors, other volunteers, sponsors, and participating organizations have assessed (and none of us will assess) the risks associated with any Event Locations, 
(F) We have not made any representations or warranties whatsoever to the Volunteer concerning any Event, Event Location, or condition or situation the Volunteer may or could encounter before, during, or after an Event.

Covenants. The Volunteer agrees:

(A) to: (1) act in a safe and reasonable manner in accordance with safe practices and use due care during each Event, (2) properly utilize safety equipment (e.g., a properly fitted and adjusted CPSC-certified bicycle helmet) that is reasonably prudent to limit or avoid the risk of injury or the extent of any injury that may arise from or in connection with the Volunteer’s participation in any Event, and (3) follow all Florida and local municipality laws and rules when participating in an Event,  
(B) to refrain from participating in the Event if the Volunteer is experiencing symptoms of COVID-19 or another underlying medical condition that would present a material risk to the Volunteer or to anyone participating in or present at or near the Event, 
(C) that We have the right to remove the Volunteer if he or she is determined by Us to be endangering himself, herself, or others or failing to comply with this Volunteer Agreement, including, without limitation, participating in a manner inconsistent with Our policies, applicable law or safe practices, 
(D) that We are not responsible for any other participants or persons at or participating in any Event and do not have a duty to the Volunteer to remove any participant or person from all or any portion of the Event, and 
(E) that no other volunteer is not responsible for, and the Volunteer is solely responsible for, the Volunteer’s safety and evaluating and determining whether to participate or to continue to participate in an Event.

Assumption of Risk; Volunteer Obligations. The Volunteer acknowledges, understands, accepts, and assumes all risks, known and unknown, current, or future, of, about, related to, or arising from or in connection with each Event, participating in an Event, and each Event Location, including, but not limited to:  

(A) those described in the Acknowledgements above, bodily injury, property damage, economic losses, and any that arise or result from or in connection with the actions, negligence, or failure to act of the Volunteer, any BWCF Party (as defined below) or any other person, entity, association, government or quasi governmental body in attendance at or participating in an Event, or having jurisdiction or control over any Event Location,  
(B) those that are not known to the Volunteer or to the BWCF Parties, and which may not be foreseen or reasonably foreseeable.  

The Volunteer accepts personal responsibility for any injury (including, but not limited to, injury, dismemberment, and death), illness, damage, loss, claim, liability or expense, of any kind or nature, that the Volunteer or the Volunteer’s property may suffer and that arises out of or in connection with the Volunteer’s participation in each Event.  

Release and Indemnification. THE VOLUNTEER, INDIVIDUALLY OR VIA HIS OR HER GUARDIAN, AND BEHALF OF HIS OR HER HEIRS, SUCCESSORS, AND ASSIGNS (EACH BEING A “VOLUNTEER PARTY”), DOES HEREBY FULLY AND IRREVOCABLY WAIVE, REMISE, RELEASE, ACQUIT, COVENANT NOT TO SUE, AND FOREVER DISCHARGE US AND OUR EMPLOYEES, CONTRACTORS, DIRECTORS, VENDORS, VOLUNTEERS, SPONSORS, AND PARTICIPATING ORGANIZATIONS, AND THEIR INDIVIDUAL AND COLLECTIVE EMPLOYEES, CONTRACTORS, VENDORS, HEIRS, SUCCESSORS, AND ASSIGNS (EACH BEING A “BWCF PARTY”), OF AND FROM ANY AND ALL DAMAGES, LIABILITIES, OBLIGATIONS, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION ARISING FROM, IN CONNECTION WITH, CONCERNING, OR AS A RESULT OF AN EVENT OR EVENT LOCATION, OR ANY ACT, OMISSION, OR FACT, WHICH OCCURRED, DID NOT OCCUR, OR EXISTED AT ANY TIME IN CONNECTION WITH THE EVENT/ACTIVITIES (EACH BEING A “CLAIM”), WHETHER SUCH CLAIM ARISES AT LAW OR IN EQUITY, ACCRUES OR MATURES BEFORE, DURING, OR AFTER AN EVENT OR EVENT LOCATION, OR IS KNOWN OR UNKNOWN, INCLUDING, WITHOUT LIMITATION, EACH CLAIM THAT IS BASED ON THE ALLEGED NEGLIGENCE OF A BWCF PARTY OR A BWCF PARTY’S FAILURE OR REFUSAL OF ANY NATURE WHATSOEVER, WHICH THE VOLUNTEER HAD, HAS, OR MAY HEREAFTER HAVE AGAINST ANY BWCF PARTY. THE VOLUNTEER ACKNOWLEDGES THAT THIS RELEASE INCLUDES ALL CLAIMS BASED ON NEGLIGENCE, ACTION OR INACTION OF ANY BWCF PARTY AND COVERS BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, AND LOSS BY THEFT OR OTHERWISE, WHETHER SUFFERED BY

THE VOLUNTEER BEFORE, DURING OR AFTER PARTICIPATION IN THE EVENT/ACTIVITIES.

THE VOLUNTEER AGREES TO INDEMNIFY AND HOLD EACH BWCF PARTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS’ FEES, COURT COSTS, AND DISBURSEMENTS UP THROUGH AND INCLUDING ANY APPEAL. 

Image, Video, and Audio Recordings License. The Volunteer consents to Us recording his or her image, likeness, performance, activities, and voice in any media or format (each being a “Recording”), and authorizes and grants Us the royalty free perpetual right and license to use, copy, display, exhibit, perform, or cause to be performed, publish, distribute, sublicense, create derivative works using, enhance, modify, supplement, alter, and edit in any jurisdiction and in any manner (collectively being “Use”) each Recording and the Volunteers name, and to sublicense to others all or any part of such rights (collectively being the “Licensed Rights”), including, without limitation, for commercial purposes and alone or with other photograph, video, or audio recordings. We may, at any time and from time to time, assign the Licensed Rights. Except for the right to volunteer from time to time at one or more Events in accordance with this Agreement, no further consideration is or will become due to the Volunteer for the grant of the Licensed Rights and he or she shall not have any right to inspect or approve any Recording, or derivative work arising from or in connection with the rights granted hereby. Each Recording and derivative work arising from the Use of a Recording shall be and remain the sole and exclusive property of Us.  

Events Beyond Our Reasonable Control. We are not responsible for any delay, interruption, or other failure of an Event, and may cancel any Event, in whole or in part, where circumstance beyond Our reasonable control make holding or continuing such Event impracticable or not reasonable capable of being undertaken, in our sole discretion. Such circumstances include, but are not limited to, an Act of God (for example, flooding or inclement weather,  etc.), war, riot or other civil disturbance, fire, pandemic, explosion, terrorist activity, sabotage, compliance with government requests, orders, or regulations, inability to deploy necessary equipment or other volunteers, roadway or trail closures or construction, dangerous or impassable roadway or trail conditions.  

Entire Agreement, Modification, Waiver, Captions, Assignment, Partial Invalidity, and Applicable Law. This Agreement sets forth the entire understanding of the Volunteer and Us concerning the subject matter hereof and incorporates all prior negotiations and understandings. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Volunteer and Us relating to the subject matter of this Agreement other than those set forth herein. No alteration, amendment, change or addition to this Agreement shall be binding upon the Volunteer or Us unless in writing and signed by the Volunteer and Us. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the waiving party. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, mediation, or litigation between the parties arising out of or affecting this Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth. The captions appearing in this Agreement are inserted only as a matter of convenience. They do not define, limit, construe, or describe the scope or intent of the provisions of this Agreement. Our volunteers, vendors, and participating municipalities shall be express third-party beneficiaries of and entitled to enforce this Agreement as and if he, she, or it was a party hereto. Except for the BWCF Parties, each of whom shall be an express third-party beneficiary of this Agreement, this Agreement shall not confer any rights or remedies upon any person, entity, or association, other than the parties and their respective successors and permitted assigns. This Agreement shall be binding upon the Volunteer and Us and each of our respective successors and assigns. We and Our successors and assigns may assign their rights hereunder, including, without limitation, the Licensed Rights, at any time and from time to time without requiring Your consent. Each term or provision of this Agreement shall have independent significance, be valid and be enforced to the fullest extent permitted by law. If any term or provision of this Agreement, or the application thereof to any person or circumstance, is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to any other person or circumstance shall be unaffected thereby. This Agreement shall be construed and interpreted according to the laws of the State of Florida, without regard to the conflict of law principles thereof.

 
Term and Termination. The term of this Agreement shall commence on the date it is executed by the Volunteer and shall continue until terminated in accordance herewith. We may terminate this Agreement at any time on notice to you. You may terminate this Agreement on not less than ten business days written notice to Us provided to our registered agent. 

Attorneys’ Fees. In the event any litigation, arbitration, controversy, or other dispute (each being a “Dispute”) between Us and the Volunteer or his or her heirs, successors, or assigns arises out of or in connection with this Agreement or any Event or Event Location and a party asserts this Agreement as a defense to such Dispute, then the prevailing party in such Dispute shall be entitled to recover from each other party all reasonable attorneys' fees, expenses, and costs, including those associated with any appellate proceedings or any post-judgment collection proceedings. 

JURY TRIAL WAIVER. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL OF THEIR INDIVIDUAL AND COLLECTIVE RIGHTS TO A TRIAL BY JURY ON ANY AND ALL ISSUES PERTAINING TO OR ARISING OUT OF THIS AGREEMENT AND THE EVENT/ACTIVITIES. 

SURVIVAL. The provisions of this Agreement shall survive termination and continue in full force and effect thereafter. 

-----End of Volunteer Agreement, Assumption of Risk, and General Release ----