MT.SPOKANE CLIMB FOR THE CURE BIKE RACE RELEASE OF LIABILITY AND ASSUMPTION OF RISK

 I, the purchasing individual, desire to participate in the Mt. Spokane CLIMB FORTHE CURE Bike Race (the “Activity"), sponsored by the Wendy Fund, a Washington nonprofit corporation (the “Company”). In consideration of being allowed to participate in the Activity, as a participant, volunteer, or otherwise, and in recognition of the Company’s reliance hereon, I agree to all terms and conditions set forth in this Release of Liability and Assumption ofRisk (the “Release”).

Assumption of Risk. I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH,AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I UNDERSTAND THAT I AM TAKING FULL RESPONSIBILITY AND WAIVE ANY CLAIMS OF NOT ONLY PERSONAL BODILY INJURY, BUT ALSO COVID-19 (OR ANY OTHER AIRBORNE DISEASE)INFECTION OR DEATH.

Release of Claims. Inconsideration of being allowed to participate in the Activity in addition tothe payment of any fee or charge, I hereby forever waive, release and discharge the Company and its officers, agents, employees, representatives, executors and all others acting on their behalf (the “Releasees”) from any and all claims or liabilities, now known or hereafter known, for injuries or damages to my person and/or property, including those caused by the negligent acts or omissions of the Company or any Releasees or otherwise, arising out of or connected with my participation in any activities, programs, or services of the Company, or the use of any equipment provided by and/or recommended by the Company. I will not make or bring any such claim against the Company or any other Releasee, and I forever release and discharge the Company and all other Releasees from liability under such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Washington law does not permit to be released by agreement.

Physical Fitness to Participate. I certify that I am physically fit, have sufficiently trained for participation in this event, and have not been advised against participation by a medical professional.

Media. I grant full permission to the Company and/or any person or entity authorized by it to use my name, age, birth date, city, finish place, finish time, or other information regarding the Activity in the public domain and to contact me by email, phone, or U.S. mail regarding Activity-related products or matters. I grant to the Company, and its authorized agents, affiliates, designees, and sponsors, the right and permission to photograph, film, record and/or otherwise capture including by means official recognition technology and other technology in any media the image, name, voice, photograph, and/or visual likeness of me (collectively, “images”)with right to use for any purpose, without compensation, and in any media throughout the world in perpetuity, and/or in any related commercial, information, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images will be owned by the Company and/or its affiliates, designees, assignees, and sponsors, and I waive any inspection or approval rights. I understand that the images as well as my race number, name, and/or race results may be available to the public prior to, during, and after the event.

EntireAgreement. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all other agreements, representations, and warranties with respect to such subject matter.

Severability. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.

Choice of Law/Venue. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Spokane County, Washington, and I hereby consent to he exclusive jurisdiction of such courts.

Washington State Department of Transportation (WSDOT) And Washington State Patrol and WSP I, ( the participant/racer ), DO HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS THE WASHINGTON STATE TRANSPORTATION COMMISSION, THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, THE WASHINGTON STATE PATROL, AND THEIR OFFICERS, AGENTS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS OF EVERY KIND WHATSOEVER FOR ANY DAMAGE, LOSS, OR INJURIES KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN WHICH MAY RESULT FROM MY PARTICIPATION IN THE ( Climb for the Cure), INVOLVING STATE HIGHWAYS, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN. 

I understand that by purchasing a ticket to participate at checkout, I certify that I have read the entire Release and agree to each provision in full. I further represent and warrant that I have full legal authority to consent to this Release. If signing for a minor, I represent and warrant that I have been duly authorized to act on his or her behalf and further understand that the terms of this Release shall apply equally to myself and the minor participant.