BICYCLE DAY “RIDE TO DESTIGMATIZE”
VOLUNTEER WAIVER AND RELEASE OF LIABILITY
By participating in Bicycle Day “Ride to Destigmatize” (the “Event”) sponsored by You Are the Portal, Inc., a California benefit corporation (“Portal”), I agree to the terms of this Volunteer Waiver and Release of Liability (the “Waiver”). I acknowledge that my participation in the Event is voluntary and that if I do not agree to any of the terms of this Waiver, I am not permitted to participate in the Event. In exchange for the opportunity to participate in the Event, I agree to all of the following terms of this Waiver:
1. Acknowledgment and Assumption of Risks
I understand the Event involves physical and potentially dangerous activity, including but not limited to cycling over potentially long distances and/or on roads or trails that may present hazards. I accept all risks associated with participation in the Event, including but not limited to:
• Collisions with other participants, vehicles, or obstacles;
• Injuries from falling or loss of control of my bicycle;
• Challenges posed by road conditions such as uneven pavement, gravel, or wet surfaces;
• Weather-related risks, including heat, cold, wind, precipitation, or lightning;
• Adverse reactions to food, drink, or other services provided at the Event;
• Exposure to contagious illnesses or diseases, including but not limited to COVID-19.
I acknowledge that these risks may result in personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I further understand that certain injuries or risks may arise from or be compounded by the actions, inactions, or negligence of others, including without limitation those of the Released Parties, other Event participants, and other third parties. Notwithstanding the foregoing risks, I am knowingly and voluntarily participating in the activity with an express understanding of the danger involved and hereby assume full responsibility for all such risks, injuries, and damages, known or unknown, arising from my participation in the Event. “Released Parties” means and includes Portal and any other Event organizers or sponsors or beneficiaries, and their respective directors, officers, employees, volunteers, agents, sponsors, partners, and any other associated entities or individuals.
2. Waiver and Release. I hereby expressly waive and release any and all injuries, damages, losses, claims, actions, and causes of action, now or hereafter known, against any of the Released Parties, including without limitation those resulting from negligence, that arise out of or are in any way connected with my participation in the Event. I covenant not to make or bring any such claim against any Released Party, and forever release and discharge the Released Parties from liability under such claims. This waiver and release does not extend to claims or liabilities that Colorado law does not permit to be released by agreement.
3. Indemnification. I agree to indemnify, defend, and hold harmless the Released Parties from any liabilities, damages, or costs (including reasonable attorneys’ fees and costs) arising out of my actions, omissions, or failure to comply with any term of this Waiver or the Event rules.
4. Event Rules. I understand that any failure to follow the following Event rules or any other provision of this Waiver may result in my removal from the Event without refund.
a. Physical Fitness
I affirm that I am in good health and physically able to participate in the Event. I take full responsibility for consulting a medical professional if I have any health conditions or concerns that may impact my ability to participate safely in the Event.
b. Bicycle Condition and Equipment
I affirm that my bicycle (and any related cycling equipment) is in safe, working condition. I accept full responsibility for ensuring my equipment remains in good working order throughout the Event.
c. Helmet Requirement
I will wear a helmet that meets Consumer Product Safety Commission (CPSC) standards and is properly fitted and affixed, at all times while cycling or otherwise on my bicycle.
d. Traffic Laws and Instructions
I represent that I am familiar with, and I agree to follow, all local, state, and federal laws, including without limitation all traffic laws and signals. I agree to heed all instructions from Event staff, volunteers, and law enforcement. I will operate my bicycle in a safe and responsible manner at all times.
e. Substance-Free Participation
i. Non-Endorsement of Illicit Substances: I understand that the historical context of “Bicycle Day” can be associated with the use of LSD and other illegal substances. However, I acknowledge that Portal does not encourage, condone, or endorse the use of any illegal or impairing substances. Rather, Portal is engaged in advocacy to destigmatize, study, and legalize psychedelic medicines.
ii. Zero-Tolerance Policy: I will not consume alcohol, illegal drugs, or any substances (including any prescription medicines) that could impair my ability to participate safely, before or during the Event. If I appear to be under the influence or otherwise violate this policy, I understand I may be removed from the Event without refund.
iii. Compliance with Laws: I will comply with all local, state, and federal laws prohibiting the use or possession of illegal substances.
f. Appropriate Attire
I will dress appropriately for the weather and the physical demands of the ride.
5. Photography and Media Use. I understand and agree that I may be photographed and/or videotaped in connection with the Event. I hereby grant and convey to Portal and its affiliates, sublicensees, and assigns, all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the use of my name, image, likeness, and voice in perpetuity, in any medium or format now known or hereafter discovered, for any internal use or promotional or educational purposes, without further compensation or permission. I waive any right to review or approve of any such use.
6. Volunteer Status. I understand that as a volunteer, I will receive no compensation or remuneration for my services and will not be eligible for any employee benefits, including without limitation workers’ compensation insurance coverage. I acknowledge that I am not an employee or contractor of Portal or any of the other Released Parties.
7. Miscellaneous. If any part of this Waiver is deemed illegal, unenforceable, or invalid in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver constitutes the sole and entire agreement between Portal and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Waiver is binding on and shall inure to the benefit of Portal and me and our respective heirs, successors, and assigns.
BY AGREEING TO THIS WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN PORTAL AND ME, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PORTAL AND THE OTHER RELEASED PARTIES.
I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
I HAVE READ AND AGREE TO ALL OF THE EVENT RULES, INCLUDING WITHOUT LIMITATION SECTION 4(e)(ii), AND I CONFIRM THAT I HAVE NOT CONSUMED AND WILL NOT CONSUME DURING THE EVENT ANY ALCOHOL, ILLEGAL DRUGS, OR ANY OTHER SUBSTANCE THAT COULD IMPAIR MY ABILITY TO PARTICIPATE SAFELY IN THE EVENT.