Win Four Tickets to the Pro Challenge Stage of Your Choice: Enter the National Poster Contest by April 18th

Every stage is a story - Aspen, Crested Butte - Gunnison - Monarch Mountain - Colorado Springs - Woodland Park - Breckenridge - Vail - Boulder - Denver
April 8 2014
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Win Four Tickets to the Pro Challenge Stage of Your Choice: Enter the National Poster Contest by April 18th
The 2014 USA Pro Challenge is again hosting a nationwide contest inviting artists to create a national event poster for the fourth annual race that will be seen throughout the world. All types of artists – professional, amateur, aspiring – are encouraged to let their creativity flow and submit their designs via the USA Pro Challenge Facebook page. Entries will be accepted until Friday, April 18, fans can then vote on their favorite poster through May 2, with the winners being announced on Monday, May 5.Once entries are submitted, the race’s thousands of loyal Facebook fans will have a chance to cast their votes for the ten best national posters. From there, the Pro Challenge team will select the winner. The winner will receive four passes to the VIP hospitality tent in the city of their choice, in addition to having his/her poster produced and sold to fans both online and onsite during the race August 18-24.Read More
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YOUNG GUNS
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A new group of Americans are making waves on the world stage.When Tejay van Garderen pulled off an improbable double last year, winning both the USA Pro Challenge and Amgen Tour of California, it was, in essence a statement of the changing of the guard.Read More
Pro Challenge Host City Highlight: Crested Butte
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A historic coal mining turned ski town; Crested Butte is a place that lives and breathes outdoor adventure where the only limits are your own. An authentic destination, where crowds don’t exist, zany, festive community events are a priority, and genuine family adventure awaits. In between the winter months where skiing is abundant and the activity of choice, comes a summer season in
Crested Butte that rivals the beauty of any mountain town.Read More
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Release and proof of knowledge stop claim from bicycle racer.

Records help prove even if your release is weak, the plaintiff really understood the risks.

Walton v. Oz Bicycle Club of Wichita, 1991 U.S. Dist. LEXIS 17655

Plaintiff: Eric Walton

Defendant: Oz Bicycle Club

Plaintiff Claims: negligence

Defendant Defenses: (1) that the release signed by Walton bars the present action; (2) that Walton assumed the risk of the injuries received; and (3) that Oz assumed no duty of due care towards Walton

Holding: for the defendant

In Walton v. Oz Bicycle Club of Wichita, the federal district court upheld a release used in a bicycle race. The race was held in Wichita Kansas, by the Oz Bicycle Club of Wichita. The plaintiff was rounding a corner in the lead on an open race course when he swerved to miss a car and crashed. An open bicycle race course means cars are on the roadway. An open course is not closed to traffic or pedestrians. A closed course, all cars have been prohibited on the course.

The defendant bicycle club filed a motion for summary judgment, which was granted by the court. The plaintiff when he signed up for the race was handed a release which he signed. The plaintiff had raced twenty to thirty times before and signed releases each time. He did not read this release but had read others and knew what he was signing. Prior to the start of the race the plaintiff had been informed that the course was not closed. The plaintiff encountered  traffic on the race course at least twice prior to his crash.

The plaintiff was an employee of a bicycle manufacturing company which was also a sponsor of the race.

Summary of the case

The court first reviewed the issue of whether Assumption of Risk was a defense at this time in Kansas. The court concluded it probably not because the Kansas Supreme Court had not handed down a decision that was specific in stating assumption of risk was a defense in Kansas.

The court quoted the heading and four paragraphs of the release in its decision. The heading of the release read: “NOTICE: THIS ENTRY BLANK AND RELEASE FORM IS A CONTRACT WITH LEGAL CONSEQUENCES. READ IT CAREFULLY BEFORE SIGNING.”

The plaintiff argued that releases were not favored under Kansas law; however, the plaintiff never showed how the release at issue, was void under Kansas law.

The court in one paragraph summed up the requirements for the release to be valid under Kansas law:

Although exculpatory agreements have an inherent potential for abuse and overreaching, and hence are subjected to close scrutiny by the courts, these agreements have a vital role to play in allowing the individual to participate in activities of his own choice. If the individual has entered into an exculpatory clause freely and knowingly, and the application of the clause violates no aspect of fundamental public policy, the individual’s free choice must be respected. Here, public policy supports, rather than detracts from, the application of the exculpatory clause. “Unless courts are willing to dismiss such actions without trial, many popular and lawful recreational activities are destined for extinction.”

The court looked at the release and found it to be valid. The release lacked the word negligence; however, it spoke to “rights and claims” for “any and all damages” sustained by participating in the event. The court concentrated on the fact the plaintiff had signed more than 20 other releases, participated in more than 20 races and had crashed in at least two races. This is another situation where the facts and knowledge of the plaintiff helped seal the release in the mind of the court.

So Now What?

It was obvious that the defendant’s ability to show the court 20-30 other releases for bicycle racing signed by the plaintiff was instrumental in proving the arguments of the plaintiff did not matter. You need to hold on to releases, you never know when one many years old maybe valuable in proving your case.

That does not require that you hold onto each paper copy of a release. Electronic copies are equally valid. Invest in a scanner and take all of your old releases and scan them. You can organize them by date or race or activity. You do not need to identify each release at the time. You cans scan them in a way that they are searchable later, and if you ever need to find one, you can.

Also instrumental was the fact the plaintiff was informed at the beginning of the race that the course was open, going to have cars on the course. Add to that the defendant could prove the plaintiff had avoided cars on the course during the race and had raced on open courses in the past. I would suggest putting important information such as the course being open into the release, so you can prove you gave the rider the information. Having that information in the release, should not, however, remove the responsibility to tell the people about the open course also.

While working at a ski area, we threw in the weather report and an area map into all big accident files. We never knew if any accident would lead to a suit, however, why worry about it. Make sure the file has everything you need, every back reference or proof needed when you build the file so you don’t have to search for it. We had a lot of stored weather reports and ski area maps, but if one was needed in a lawsuit, they were easy to find.

We also included all of the skiing history we had on the injured guest. Any logs from his skiing that year, each time his pass had been scanned if the injured guest had a season pass. Prior season pass or skiing history if we had it. Proof that the injured guest knew how to ski and assumed the risk or proof that the injured guest had signed numerous releases.

That ability to find information, electronically or on paper, saved the day in this bicycle race case.

What do you think? Leave a comment.

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What is happening as the USA ProChallenge Gets Ready

Every stage is a story USA PRO CHALLENGE Aspen Snowmass Breckenridge steamboat springs beaver creek vail loveland fort collins denver
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Catching Up With Cannondale’s Star Peter Sagan

This week’s start of the Tour de France for Cannondale’s young star Peter Sagan was not what he had hoped for, as his dash to become the repeat green sprint points jersey began with a hard crash during Stage 1.

The indelible sight of one of the world’s best all-around riders as well as sprinters, riding to the finish with half his jersey torn off and a large open wound on his back, was fed to the worldwide television audience for an extended period of time. It left a reminder that life at the top of this grueling profession can change in an instant.

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Host City Highlight: Steamboat Springs
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The USA Pro Challenge is coming to Northern Colorado on August 24, 2013. The race will start in Loveland at the Budweiser Event Center, go through Windsor, Estes Park and finish in Fort Collins, CO. Make sure you know what’s happening on Race Day so you are in the center of the biggest pro-cycling celebration in the United States!READ MORE
Climb Like a Tour Rider
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When it comes to the Tour de France or any hilly stage race, the results will be determined by the mountain stages and the time trials. Today, we’ll focus on climbing. With the 100th Tour de France fast approaching we turned one of Joe Friel’s classic articles, “Climbing Like a Tour Rider”, into a slideshow tutorial.

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USA Pro Challenge Announces 2013 Route. 8 Colorado Cities get picked

USA PRO CHALLENGE

USA Pro Challenge heads to eight Colorado cities

Third annual edition of race starts in Aspen and expects over 1 million fans to line the route.

Aspen, Colo. – The nation’s most challenging cycling race will call eight Colorado cities home in 2013 when it starts in Aspen on August 19 and ends in Denver on August 25, 2013. The USA Pro Challenge announced its host cities today, naming the communities that will serve as the starts and finishes for the third annual stage race.

After drawing more than 1 million fans in each of the first two years and generating nearly $200 million in cumulative economic impact for the State of Colorado, the USA Pro Challenge will make its debut in Fort Collins and Loveland in 2013 while bringing many of the worlds best riders back to cities like Steamboat Springs, Vail and Denver.

The host cities and stages of the 2013 USA Pro Challenge include:

  • Monday, Aug. 19 Stage 1 Aspen/Snowmass Circuit

  • Tuesday, Aug. 20 Stage 2 Aspen/Snowmass – Breckenridge

  • Wednesday, Aug. 21 Stage 3 Breckenridge – Steamboat Springs

  • Thursday, Aug. 22 Stage 4 Steamboat Springs – Beaver Creek

  • Friday, Aug. 23 Stage 5/ITT Vail Time Trial

  • Saturday, Aug. 24 Stage 6 Loveland – Fort Collins

  • Sunday, Aug. 25 Stage 7 Denver Circuit

“Riders now know that there is no race in America like the USA Pro Challenge, and these host cities help ensure cycling’s world stage returns to Colorado for seven days of grueling competition,” said Shawn Hunter, CEO and Co-Chairman of the USA Pro Challenge. “Each of these communities will be on an international stage as we partner with them to ensure the USA Pro Challenge takes its place as America’s greatest race.”

In just two years, the USA Pro Challenge has established itself as one of the most challenging and competitive races in the world, drawing the best cyclists in the sport and accolades from around the world.

“When you combine the high-altitude climbs, the enthusiasm of the crowds and the level of competition, the USA Pro Challenge is one of my favorite race weeks,” said Christian Vandevelde, the overall winner of the 2012 USA Pro Challenge. “I can’t wait to get back in 2013 and defend the title with my Garmin-Sharp teammates.”

The two new cities joining the 2013 race – Fort Collins and Loveland – offer breathtaking scenery, as well as a unique cycling history, that will add to the overall impact of the race.

“With the addition of Loveland and Fort Collins we are adding two cities that have built a community around the cycling culture,” Hunter said. “We are thrilled to incorporate their enthusiasm as we continue to showcase Colorado as the center of the nation’s cycling spirit.”

Further details of the start and finish line locations, as well as the specific, detailed route, will be announced in the spring. With its consolidated footprint and multiple back-to-back stages, the 2013 race will ensure that spectators in host cities will have many opportunities to root for their favorite rider or team.

A number of criteria were taken into consideration when evaluating potential host cities, including full city services support. The race also considered commitments in the areas of lodging, volunteer recruitment, marketing and local tourism, as well as an ability to host world-class athletes and promote the State of Colorado.

“The USA Pro Challenge has created an entirely new audience for our state,” Colorado Governor John Hickenlooper said. “Not only is it the best American competition, it’s essentially a week-long advertisement for our state with 128 of the best cyclists in the world acting as tour guides.”

About the USA Pro Challenge
For seven consecutive days, the world’s premier cyclists race through the majestic Colorado Rockies, reaching higher altitudes than they’ve ever had to endure – more than two miles in elevation. One of the largest cycling events in United States history, the 2013 race will feature the best of the best in professional cycling, competing on a challenging course through some of America’s most beautiful scenery.

Referred to as “America’s Race,” the third annual USA Pro Challenge will take place August 19-25, 2013. More than 1 million spectators are expected to once again line the route again in 2013, while millions more around the world will watch the race on television and online through the Tour Tracker. The two previous winners of the Pro Challenge were Levi Leipheimer in 2011 and Christian Vandevelde in 2012.

More information can be found on the website www.USAProCyclingChallenge.com and Twitter page @USAProChallenge.

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Hellweg v. Special Events Management, 956 N.E.2d 954; 2011 Ill. App. LEXIS 725; 2011 IL App (1st) 103604; 353 Ill. Dec. 826

Hellweg v. Special Events Management, 956 N.E.2d 954; 2011 Ill. App. LEXIS 725; 2011 IL App (1st) 103604; 353 Ill. Dec. 826

Brian Hellweg, Plaintiff-Appellant, v. Special Events Management; Chicago Special Events Management; Henry Richard Zemola, Individually and as an Agent and/or Employee of Special Events Management and Chicago Special Events Management; Anthony w. Abruscato, Individually and as an Agent and/or Employee of Special Events Management and Chicago Special Events Management; Steven J. Hansen, Individually and as an Agent and/or Employee of Special Events Management and Chicago Special Events Management; Joshua L. Ruston, Individually and as an Agent and/or Employee of Special Events Management and Chicago Special Events Management; Peter G. Vanderhye, Individually and as an Agent and/or Employee of Special Events Management and Chicago Special Events Management; The Village of Elk Grove; Craig B. Johnson, individually and as an Agent and/or Employee of The Village of Elk Grove; Alexian Brothers Hospital Network, and Claudine Quevedo, as Mother and Next of Friend of Greg B. Quevedo, a Minor, Defendants-Appellees.

No. 1-10-3604

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

956 N.E.2d 954; 2011 Ill. App. LEXIS 725; 2011 IL App (1st) 103604; 353 Ill. Dec. 826

July 8, 2011, Decided

SUBSEQUENT HISTORY: Released for Publication August 26, 2011.

Appeal denied by Hellweg v. Special Events Mgmt., 2011 Ill. LEXIS 1963 (Ill., Nov. 30, 2011)

PRIOR HISTORY: [**1]

Appeal from the Circuit Court of Cook County. 10 L 1057. Honorable James D. Egan, Judge Presiding.

DISPOSITION: Affirmed.

COUNSEL: COUNSEL FOR APPELLANT: Carolyn Daley Scott.

COUNSEL FOR APPELLEE: Ronald G. Zamarin.

JUDGES: JUDGE EPSTEIN delivered the judgment of the court, with opinion. Justices Joseph Gordon and Howse concurred in the judgment and opinion.

OPINION BY: EPSTEIN

OPINION

[*956] JUDGE EPSTEIN delivered the judgment of the court, with opinion.

Justices Joseph Gordon and Howse concurred in the judgment and opinion.

OPINION

[***P1] Plaintiff, Brian Hellweg, appeals the involuntary dismissal of his negligence claims pursuant to section 2-619 of the Illinois Code of Civil Procedure (735 ILCS 5/2-619 (West 2008)). He maintains the trial court relied on an unenforceable release to dismiss his claims. We affirm.

[***P2] BACKGROUND

[***P3] Plaintiff filed the instant lawsuit seeking to recover damages he sustained while preparing for a 2009 bicycling race organized by defendants Special Events Management, Henry Zemola, Anthony Abruscato, Steven Hansen, Joshua Ruston, Peter Vanderhye, Village of Elk Grove, Craig Johnson, and Alexian Brothers Hospital Network. The race was held on municipal streets advertised as a “closed course,” an undefined term. Plaintiff was injured [**2] when he collided with a nonparticipating bicyclist, Greg B. Quevedo, a minor, while participating in a warm-up session organized by defendants. Plaintiff alleges they collided as a result of defendants’ failure to close the course as promised prior to the session. Defendants moved to dismiss plaintiff’s negligence claims with prejudice pursuant to section 2-619, arguing, inter alia, that plaintiff signed a “2009 USA Cycling Event Release Form” (the Release) exculpating them from liability. Plaintiff responded the Release was unenforceable because his collision with Quevedo was not foreseeable. The trial court disagreed, granting defendants’ motions. Plaintiff appealed pursuant to Supreme Court Rule 304(a) (Ill. S. Ct. R. 304(a) (eff. Feb. 26, 2010)).

[***P4] ANALYSIS

[***P5] [HN1] “The purpose of a section 2-619 motion to dismiss is to dispose of issues of law and easily proved issues of fact at the outset of litigation.” Van Meter v. Darien Park District, 207 Ill. 2d 359, 367, 799 N.E.2d 273, 278 Ill. Dec. 555 (2003). Section 2-619 allows the involuntarily dismissal of released claims. 735 ILCS 5/2-619(a)(9) (West 2008). We review such dismissals de novo and must determine “whether a genuine issue of material fact exists and whether the defendant [**3] is entitled to judgment as a matter of law.” Saichek v. Lupa, 204 Ill. 2d 127, 134, 787 N.E.2d 827, 272 Ill. Dec. 641 (2003). We accept “as true all well-pleaded facts, along with all reasonable inferences that can be gleaned from those facts,” and we “interpret all pleadings and supporting documents in the light most favorable to the nonmoving party.” Porter v. Decatur Memorial Hospital, 227 Ill. 2d 343, 352, 882 N.E.2d 583, 317 Ill. Dec. 703 (2008).

[***P6] [HN2] Parties in Illinois may generally contract away liability for their own negligence. Garrison v. Combined Fitness Centre, Ltd, 201 Ill. App. 3d 581, 584, 559 N.E.2d 187, 147 Ill. Dec. 187 (1990). Such “agreements are not favored by the law and are strictly construed against the party they benefit.” Falkner v. Hinckley Parachute Center, Inc., 178 Ill. App. 3d 597, 603, 533 N.E.2d 941, 127 Ill. Dec. 859 (1989). However, they “must be given a fair and reasonable interpretation based upon a consideration of all of [the] language and provisions.” Id.

[HN3] “[A]bsent fraud or wilful and wanton negligence, the contract will be valid and enforceable unless: (1) there is a substantial disparity in the bargaining position of the two parties; (2) to uphold the exculpatory clause would be violative of public policy; or (3) there is something in the social relationship between the [*957] two parties [**4] that would militate against upholding the clause. [Citations.] The rationale for this rule is that courts should not interfere with the right of two parties to contract with one another if they freely and knowingly enter into the agreement.” Garrison, 201 Ill. App. 3d at 584.

Plaintiff here does not claim fraud, wilful and wanton negligence, a special relationship with defendants, substantial disparity in bargaining power, or a public policy violation. He argues only that the risk at issue was not foreseeable and thus not assumed by him.

[HN4] “[A]n exculpatory clause, to be valid and enforceable, should contain clear, explicit, and unequivocal language referencing the types of activities, circumstances, or situations that it encompasses and for which the plaintiff agrees to relieve the defendant from a duty of care. [Citation.] In this way the plaintiff will be put on notice of the range of dangers for which he assumes the risk of injury, enabling him to minimize the risks by exercising a greater degree of caution. [Citation.] The precise occurrence which results in injury need not have been contemplated by the parties at the time the contract was entered into. [Citation.] It should only [**5] appear that the injury falls within the scope of possible dangers ordinarily accompanying the activity and, thus, reasonably contemplated by the plaintiff.” Id. at 585.

[HN5] “Foreseeability of a specific danger is thus an important element of the risk which a party assumes, and, for this reason, serves to define the scope of an exculpatory clause. This is but another way of stating that, although the type of negligent acts from which a person expressly agrees to excuse another need not be foreseen with absolute clarity, such acts cannot lie beyond the reasonable contemplation of the parties ***.” Larsen v. Vic Tanny International, 130 Ill. App. 3d 574, 577, 474 N.E.2d 729, 85 Ill. Dec. 769 (1984).

[HN6] “Whether a particular injury is one which ordinarily accompanies a certain activity and whether a plaintiff appreciates and assumes the risks associated with the activity often constitute a question of fact.” Simpson v. Byron Dragway, Inc., 210 Ill. App. 3d 639, 647, 569 N.E.2d 579, 155 Ill. Dec. 398 (1991). Here, plaintiff’s release provides, in pertinent part:

“I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY THE ORGANIZERS OF THIS EVENT AND USA CYCLING, INC. (USAC), ITS ASSOCIATIONS [**6] *** AND THEIR RESPECTIVE AGENTS, EMPLOYEES, VOLUNTEERS, MEMBERS, CLUBS, SPONSORS, PROMOTERS AND AFFILIATES (COLLECTIVELY ‘RELEASEES’), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES AND IT APPLIES TO ALL RACES AND ACTIVITIES ENTERED AT THE EVENT REGARDLESS WHETHER OR NOT LISTED ABOVE. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.

In consideration of the issuance of a license to me by one or more of Releasees or the acceptance of my application for entry in the above event, I hereby freely agree to and make the following contractual representations [*958] and agreements. I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN THIS EVENT, whether as a rider, official, coach, mechanic, volunteer, or otherwise, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: *** dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; *** THE RELEASEES’ OWN NEGLIGENCE, the negligence of others ***; and the possibility of serious physical [**7] and/or mental trauma or injury, or death associated with the event. *** I HEREBY WAIVE. RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees and all sponsors, organizers, promoting organizations, property owners, law enforcement agencies, public entities, special districts and properties that are in any manner connected with this event, and their respective agents, officials, and employees through or by which the event will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE, which I have or may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the event, or travel to or return from the event. I agree it is my sole responsibility to be familiar with the event course and agenda, the Releasees’ rules, and any special regulations for the event and agree to comply with all such rules and regulations. I understand and agree that situations may arise during the event which may be beyond the control of Releasees, [**8] and I must continually ride and otherwise participate so as to neither endanger myself nor others.” (Emphasis in original.)

This agreement unambiguously absolves defendants of all claims arising out of the event even if caused by their own negligence. Plaintiff maintains the Release is nevertheless unenforceable because the presence of a nonparticipant bicyclist on the course is not a risk ordinarily attendant to closed course races. According to plaintiff:

“When a cycling race is advertised as closed course, it means that all intersections and streets are closed and barricaded to ensure that no one, other than those participating and involved in the race, are permitted onto the course. This enables the cyclists to ride along the streets and through the intersections on the course without having to worry that there will be another vehicle or non-participating cyclist crossing through the intersection.”

The presence of nonparticipants in bicycle races conducted on municipal streets is an inherent and reasonably foreseeable risk. Even assuming, arguendo, that such risk is absent in closed course races, a matter of dispute, plaintiff nevertheless assumed that allegedly extraordinary risk [**9] here by expressly agreeing to absolve defendants of liability for “collision with pedestrians, vehicles, other riders, and fixed or moving objects.” Closed course or not, plaintiff’s release plainly contemplates the possibility of pedestrians, vehicles, other riders, and/or fixed or moving objects on the course. The Release encompasses plaintiff’s collision.

[***P7] Plaintiff disagrees, arguing that “the language ‘other riders or moving or fixed [*959] objects’ does not reasonably encompass a minor who was able to ride his bicycle onto the course due to the Defendants failing to properly close the streets.” According to plaintiff, he “did not nor could he have foreseen that Defendants would negligently fail to close the course,” and “there is no possible way that he could have contemplated that the Defendants intended that the release encompass their negligent conduct in failing to close the course.” We disagree. The Release unambiguously states plaintiff is relinquishing “ANY AND ALL *** CLAIMS ARISING FROM THE [DEFENDANT’S] OWN NEGLIGENCE.” (Emphasis in original.) Moreover, the relevant inquiry for purposes of enforcing the Release is not whether plaintiff foresaw defendants’ exact act of negligence [**10] or his exact collision. It is whether plaintiff knew or should have known colliding with a nonparticipant on the course was a risk encompassed by his release. As our supreme court explained in the context of automobile racing:

[HN7] “[A] myriad of factors, which are either obvious or unknown, may singly or in combination result in unexpected and freakish racing accidents. *** The parties may not have contemplated the precise occurrence which resulted in plaintiff’s accident, but this does not render the exculpatory clause inoperable. In adopting the broad language employed in the agreement, it seems reasonable to conclude that the parties contemplated the similarly broad range of accidents which occur in auto racing.” Schlessman v. Henson, 83 Ill. 2d 82, 86, 413 N.E.2d 1252, 46 Ill. Dec. 139 (1980).

Similarly, bicycle racing on municipal streets undoubtably poses risk of injury to the public, riders, and race personnel, even when the course is closed. Various scenarios could arise in which a rider is injured, including, as in this case, collision with a nonparticipant. All such scenarios need not be enumerated in the release. It is sufficient if the language used therein is broad enough to reasonably demonstrate the parties [**11] contemplated the risk at issue. The release here plainly assigns plaintiff the risk of collision on the course, including, but not limited to, “collision with pedestrians, vehicles, other riders, and fixed or moving objects.” This includes plaintiff’s collision with Quevedo. Even if it did not, the Release was manifestly “designed to encompass all claims against defendant[s] based on [their] negligence, even though the precise cause of the accident may have been extraordinary,” Id. at 86. We affirm the dismissal of plaintiff’s claims with prejudice. The trial court properly concluded as a matter of law that plaintiff’s negligence claims are barred by the Release.

[***P8] CONCLUSION

[***P9] We affirm the dismissal of plaintiff’s claims with prejudice. The Release is enforceable.

[***P10] Affirmed.


The Tour of Utah is gaining status: top 5 teams will compete this year.

Liquigas-Cannondale, RadioShack-Nissan-Trek, BMC Racing Team, Rabobank Cycling Teamand Garmin-Barracuda are five of the top 12 teams that

TOOELE, UT - AUGUST 12:  George Hincapie of th...

TOOELE, UT - AUGUST 12: George Hincapie of the USA and riding for BMC Racing Team races to tenth place in the Individual Time Trial during Stage Three of the Tour of Utah at the Miller Motorsports Park on August 12, 2011 in Tooele, Utah. (Image credit: Getty Images via @daylife)

will compete in the Tour of Utah this year.

The Tour of Utah is scheduled for August 7-12 and will be the first major cycling event after the Tour de France

Two weeks later they come to Utah for the USA Pro Challenge!

See Tour of Utah to boast 5 top teams

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