Assumption of Risk: I understand that the Sustain Charlotte Biketoberfest event in which I (or my child) will participate, part of which will be held throughout the Charlotte area and part of which will be held on City of Charlotte and/or Mecklenburg County property, involves inherent and other risks. I acknowledge that cycling and/or running/walking is inherently strenuous and dangerous and requires a certain degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely responsible for determining my (or my child’s) suitability to participate, and I do have (or my child has) the requisite skills, qualifications, physical and mental ability, and training necessary to properly and safely participate. I further understand and agree that neither Sustain Charlotte, nor the City of Charlotte, nor Mecklenburg County shall have any duty to warn me of or to remedy any risks, dangers, or hazards of participating in Biketoberfest, including but not limited to the risks of cycling in an urban environment. I (or my child) share(s) responsibility for my (his/her/their) safety and will follow instructions, make reasonable decisions, and act responsibly. I choose to voluntarily participate (or allow my child to participate) despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss and for any personal injury, illness, disability, emotional distress, and death that I (or my child) may suffer, whether described in this document or not.

In consideration of Sustain Charlotte, the City of Charlotte, and Mecklenburg County allowing me (or my child) to participate in or observe Biketoberfest, I agree to the following:

Waiver and Release: I, (and on behalf of my child) agree to forever release and discharge Sustain Charlotte, the City of Charlotte, and Mecklenburg County from, and agree not to sue Sustain Charlotte, the City of Charlotte, or Mecklenburg County for, any and all liability or claims I (or my child) may have for any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my (or my child’s) participation in Biketoberfest and any related activities. This release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes personal injury and property losses alleged to be caused by the negligence of Sustain Charlotte, the City of Charlotte, or Mecklenburg County to the fullest extent permitted by law.

Additional Provisions: I (and on behalf of my child) agree that the substantive laws of North Carolina govern this Agreement and any dispute I have (or my child has) with Sustain Charlotte, the City of Charlotte and Mecklenburg County. I agree that any mediation, suit, or proceeding will proceed exclusively in Mecklenburg County, NC. Any portion of this Agreement deemed unlawful or unenforceable is severable and must be stricken without effect on the enforceability of the remaining provisions.

I have read this Agreement, I understand its contents, and I sign it voluntarily as a condition of participating in Biketoberfest. I agree to sign this Agreement by electronic means, and I intend to bind myself to the terms of this Agreement by checking the box below. I intend by this Agreement to assume all hazards and risks, waive all rights to sue, and release all liabilities and claims against Sustain Charlotte, the City of Charlotte and Mecklenburg County for any claims arising from my (or my child’s) participation in Biketoberfest and any related activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my child is) observing or participating in Biketoberfest and any related activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate.

I understand that I am signing this Agreement and am agreeing to all of its provisions, on my behalf and on behalf of my child.

I understand that the waivers, releases, and protections provided by this Agreement to Sustain Charlotte also fully apply to their respective directors, officers, officials, employees, and agents and that this Agreement protects those individuals from liability to the same extent that it protects Sustain Charlotte, the City of Charlotte and Mecklenburg County.

I agree to sign this Agreement, and I intend to bind myself to the terms of this Agreement.