NOTE: FEES DO NOT INCLUDE GRATUITY FOR YOUR BOARD CARRIER OR INSTRUCTOR.
TIPS ARE APPRECIATED!
SECTION A. RENTAL AGREEMENT
* In consideration of the agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this rental agreement. In the event the craft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED IN THE SHOP.
* THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.
* LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT OR BIKE TO LESSOR IMMEDIATELY
*I acknowledge that adventure racing is an inherently dangerous sport in which I participate at my own risk. I acknowledge that the Race will occur in a rural and/or urban environment and will include, but is not limited to, the following activities and dangers: navigation, trekking, bicycling on and off roads, trails, and highways, canoeing, orienteering, kayaking, running, getting lost, traffic, animal attacks, dehydration, cliffs and falling rocks. In consideration of and as a condition of entering in the Race, I individually and on behalf of my heirs, executors, administrators, legal representatives, successors and assignees, release and forever discharge, hold harmless, indemnify, including as to attorney fees, and promise not to sue Releasees on, from or against, and waive, any claims, damages, expenses or demands arising directly or indirectly from or attributable in any way to the negligence, action or failure to act of any Releasees in connection with the sponsorship, organization or execution of any adventure racing or sporting event, including travel to and from such event, pre and post event functions, in which I may participate as a racer, rider, team member, volunteer, spectator or in any other manner.
I FULLY UNDERSTAND that injuries area common and expected part of mountain biking. Mountain biking takes place on steep and rugged terrain and features that are both technically and physically challenging and will expose the rider to many dangers, hazards and risks. The risks associated with the mountain biking and the mountain biking trips include, by way of example and not limitation, the following: collisions with other cyclists, pedestrians, vehicles, fixed or moving objects; falls; loss of balance, high speed descents, rapid or uncontrolled acceleration on hills and inclines, difficulty or inability to control one′ speed and direction, becoming lost or separated from the guides or other participants; equipment failures and malfunctions; failure to negotiate obstacles and hazards, both marked and unmarked, including roots, logs, ruts, holes, potholes, rocks, stones, sand, gravel, mud, water, cliffs, oil and/or other objects on the ground or in the trail, variations or steepness in terrain; slippery terrain, constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops; varying visibility; fatigue; exhaustion; dehydration; heatstroke; hypothermia; high elevation; changing weather conditions, encounters with wild or other animals; I understand the description of these risks is not complete and that unknown or unanticipated risks may result in property damage, illness injury, or death.
I ACKNOWLEDGE that (a) mountain/road biking is an inherently dangerous sport in which I participate at my own risk; (b) the mountain/road biking trip involves risks and dangers of property damage, illness, serious bodily injury, including permanent disability, paralysis, and death, (c) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the trip, the NEGLIGENCE ON THE PART OF KNOXVILLE ADVENTURE COLLECTIVE OR THEIR STAFF INCLUDING THE FAILURE ON THE PART OF KNOXVILLE ADVENTURE COLLECTIVE OR THEIR STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE BIKING TRIP, or the condition in which the trip takes place.
This is to certify that I (We), the LESSEE(S) am/are experienced and capable in all aspects of the handling and operation of a craft or bike such as the one rented above. I (WE) ACKNOWLEDGE THAT A COPY OF THIS AGREEMENT IS AVAILABLE UPON REQUEST. FURTHERMORE, I (WE) ACKNOWLEDGE THAT THIS AGREEMENT EXTENDS TO FUTURE RENTALS IN EXECUTED CALENDAR YEAR.
CANCELLATION POLICY: 48 hour notice is required to cancel this agreement. After this time, your credit card will be charged for the full amount. Lessor reserves the right to cancel based on weather conditions. Credit for future rental will be granted.
SECTION B. PARTICIPANT RELEASE OF LIABILITY & ASSUMPTION OF RISK
I the undersigned , acknowledge , appreciate and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE
NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD
HARMLESS Knoxville Adventure Collective, its officers, official, agents and/or employees, other participants, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE; to the fullest extent permitted by law.
6. Knoxville Adventure Collective is not responsible for your personal possessions. We recommend leaving them in a safe/secure place and bringing only what you are taking with you.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
This agreement is valid for the SIGNED CALENDAR YEAR. In Signing I acknowledge that it extends to future programming in this CALENDAR YEAR.