Bennett

Albert Bennett (plaintiff) appeals from the dismissal of his complaint following the granting of a motion for summary judgment by defendants, United States Cycling Federation and others (jointly referred to as USCF or defendants). The appeal concerns the enforceability of a printed agreement to hold harmless and release (release) signed by plaintiff prior to his sustaining injuries in defendants’ bicycle race. Since we conclude that there is a triable issue of material fact as to whether the release covers plaintiff’s claims, we must reverse the judgment.

Facts

On June 10, 1984, plaintiff entered an amateur bicycle race sanctioned and conducted by defendants. Defendants provided plaintiff with a document entitled “Southern California Cycling Federation Standard Athlete’s Entry Blank and Release Form.”

While participating in the scheduled racing event, plaintiff collided with an automobile driven by James Ketchum and owned by John Gismond. Plaintiff alleged that during the race, the vehicle was permitted onto the track by agents or servants of defendants, who knew, or who should have known, of the hazard it presented to the cyclists. The driver of the vehicle testified…