Carpenter Art Garden is committed to creating an inclusive and accessible program. If you need reasonable accommodation, please contact Tarlisa Clark, at tarlisa@carpenterartgarden.org.
It is the intent of the undersigned Participant and Participant’s parents or legal guardians to release Carpenter Art Garden, its members and each of their respective affiliates, subsidiaries, officers, directors, agents, sponsors, employees, and volunteers collectively from any claims or liability to the fullest extent possible under the law, and to advance that intent the undersigned hereby agrees as follows:
We the undersigned, as a Participant and the parents or legal guardians of a Participant in the Program, hereby waive and renounce any claims against Carpenter Art Garden, or any other person participating in the Program, including without limitation any claims based on negligence, for any injury to the Participant or others, loss damage, sickness, accident, delay, or expenses of any kind whatsoever resulting from the Participant’s participation in the Program.
We understand and acknowledge that Carpenter Art Garden does not guarantee the security or safety of Program sites, of the areas adjacent to and surrounding Program sites, or of any areas Participants may traverse on their way to or from Program sites. We release Carpenter Art Garden from any and all claims arising out of accidents or events caused by a Participant or third parties not associated with the Program, which incidents could occur on Program sites, in areas adjacent to or surrounding Program sites, or in areas traversed by Participants traveling to our Program sites.
We further understand that should any medical services be provided or made available to the Participant in connection with his/her participation, the provision or availability of which Carpenter Art Garden does not sponsor or guarantee, Carpenter Art Garden does not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can Carpenter Art Garden be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. We also understand that Carpenter Art Garden cannot be held liable for any other services provided, including without limitation any, teaching, counseling, transportation, or security services.
We further understand that Carpenter Art Garden, from time to time produces promotional material relating to its programs. I understand that as Participant and/ or a spectator at the Event that Participant may be included in videotapes or photographs taken during the Event. Therefore, without reservation or limitations, I, on my own behalf and on behalf of Participant, hereby assign, transfer and grant to the aforementioned entity, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive right to photograph and / or videotape Participant and to utilize such videotapes and photographs and Participant's name, face likeness, voice and appearance as a part of the Event, in advertising and promoting the Event or in advertising and promoting similar future events. I further understand that Carpenter Art Garden, nor its directors, officers, or employees nor any third party is under any obligation to exercise any of the foregoing rights, licenses and privileges.
If any portion of this Waiver and Release is declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, we hereby agree that such determination shall not affect the balance of this Waiver and Release, but this Waiver and Release shall remain in full force and effect, as such invalid portion shall be deemed severable.
Each rider is required to complete and sign the Carpenter Art Garden Ride Waiver before riding in a Carpenter Art Garden sponsored/supported group ride. A parent or guardian must sign the waiver if you are under 18 years of age. Waivers will be kept on file and will not need to be signed for subsequent Carpenter Art Garden sponsored/supported rides.
While bicycling is an outstanding recreational sport, it also involves risks. Some of these risks include but are not limited to: traveling on or crossing heavily traveled roads, winding roads, steep descents, potholes, accidents, unexpected moves of another rider, physical exertion, fatigue, flat tires, and motorists. Ride terrain, pace, and distance may vary from the written or verbal description.
Carpenter Art Garden requires wearing helmets on Carpenter Art Garden sponsored/supported rides. I hold Carpenter Art Garden harmless for any injury resulting from my failure to wear a helmet or improper wearing of a helmet.
The undersigned acknowledges the inherent risk in recreational bicycling and agrees to assume all risks associated with participation in Carpenter Art Garden activities. The undersigned further agrees to save and hold harmless Carpenter Art Garden and its officers, directors, coordinators, employees, volunteers, and other ride attendees from any liability for any injury or damage resulting from, or in any way connected with, participation in Carpenter Art Garden sponsored/supported related activities.
I warrant that I am competent to ride safely and that my bicycle and equipment are in safe working condition. I agree to obey all traffic laws and to practice safety and courtesy when cycling. I hereby consent to and permit any emergency treatment in the event of injury or illness.
Tennessee Bicycle Riding Laws are as follows:
§32-5A-260 - Traffic laws apply to persons riding bicycles.
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature can have no application.
§32-5A-263 - Riding on roadways and bicycle paths.
Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
§ 32-5A-265 - Lamps and other equipment on bicycles.
Every bicycle when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
Every bicycle shall be equipped with a brake, enabling the operator to make the braked wheels skid on dry, level, clean pavement.
§ 32-5A-282 - Purpose.
The purpose of this article is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that, while riding on a bicycle on public roadways, public bicycle paths, or other public rights-of-way, all operators and passengers who are under 16 years of age to wear approved protective bicycle helmets, and by requiring that all bicycle passengers who weigh less than 40 pounds or are less than 40 inches in height be seated in separate restraining seats.
I have read, acknowledge, and agree to obey the Tennessee Bicycle Riding Laws. Initial
In the case of children under the age of 18, I hereby agree to the terms of the above waiver on behalf of my child (children). I agree to abide by federal, state, and local helmet laws as they apply to my child (children). I agree that Carpenter Art Garden, its officers, activity organizers, ride leaders, and other members have no obligation to provide instruction to or supervision of my children.
I give to Carpenter Art Garden, its designees, agents, and assigns unlimited permission to use, publish and re-publish in any form or media reproductions of my likeness (photograph or video) with or without identification of me by name. I agree not to demand payment or any other compensation and agree to hold the above parties harmless of all liability arising from such use.
I HAVE READ AND UNDERSTAND THIS WAIVER OF LIABILITY.