Participant Agreement, Liability Release and Acknowledgement of Risks
In consideration of being allowed to participate in the services of Investment Adventures LLC, DBA Portland Bicycle Tours, it's officers, managers, members, employees, volunteers and all other persons or entities acting in any capacity on its behalf (hereinafter Portland Bicycle Tours) I hereby agree to release and discharge Portland Bicycle Tours on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I am voluntarily agreeing to participate and acknowledge that walking, bicycle riding, bicycle touring, and traveling via transit in urban and wilderness areas entail known and inherent risks as well as unknown/ unanticipated risks which could result in serious physical, mental, or emotional injury or trauma, permanent disability, death, or damage to myself, third parties and my own or others property.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Portland Bicycle Tours from any and all claims, demands, or causes of action which are in any way connected to: negligence on Portland Bicycle Tours behalf to the fullest extent permitted by law, or my participation in any activities, or the use of Portland Bicycle Tours equipment, or facilities.
I expressly agree to follow all the laws of Oregon State, especially in relation to urban traffic, and certify that I have no medical or physical conditions which could interfere with my safety in these activities.
Consent for Emergency Medical Care: If at any point in my participation in any activity I am rendered unconscious or incompetent or otherwise cannot effectively make decisions about my medical care, I authorize in advance the provision of any emergency medical treatment deemed necessary or advisable for me.
I certify that I have insurance to cover injury or damage I may cause or suffer while participating in these activities, or else I agree to bear the costs of such injury or damage myself. I agree to not operate any bicycle or equipment while intoxicated over the legal limit and understand that I am solely responsible for my actions and their consequences.
I hereby authorize Portland Bicycle Tours to publish photographs taken of me, and my name, for use in their printed publications and website. I acknowledge that since my participation in publications and websites produced by Portland Bicycle Tours is voluntary, I will receive no financial compensation. I further agree that my participation in any publication and website produced by Portland Bicycle Tours confers upon me no rights of ownership whatsoever. I release Portland Bicycle Tours, its contractors and its employees from liability for any claims by me or any third party in connection with my participation.
I understand and agree that it is my duty to inform Portland Bicycle Tours if I feel endangered during any activity and should stop participating. The undersigned hereby expressly agrees that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oregon and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By signing this document, I acknowledge that if I am hurt or any property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Portland Bicycle Tours, on the basis of any claim from which I have released it herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.
Rentals/Use Of Portland Bicycle Tours Equipment:
I accept for use, as is, the equipment rented, or used in association with Portland Bicycle Tours, and accept responsibility for the care of the equipment while it is in my possession. I have been instructed on proper use of the equipment and understand the proper use. I agree that the equipment will be returned in the same condition that it is rented, and have inspected the equipment and found it to be in satisfactory condition.
In the event that the bicycle (s) or any other rented gear are lost, stolen, damaged, or disassembled in any way during the rental period, I understand that I will be responsible for the cost of repairing or replacing the equipment at full retail value if not returned by the agreed date. IF RENTING OVERNIGHT, I WILL BRING, AND SECURE BIKES INSIDE MY DOMICILE. I WILL NOT LOCK MY BIKE(S) OUTSIDE OVERNIGHT. Lost or stolen equipment used in association with Portland Bicycle Tours guided tours will be covered by Portland Bike Tours & Rentals and is not the responsibility of the participant.
Damage or excessive wear will be determined by Portland Bicycle Tours staff whose decision is final. If any dispute occurs about the cost to replace the equipment rented or any other terms of this agreement, Portland Bicycle Tours will be entitled to reasonable attorney's fees and costs should they pursue a legal remedy.
Retainer/Deposit: Our rental policy includes the renter(s)providing a credit card security hold/imprint for the rental value of each bike and additional accessories included in the rental. Rental deposit amounts are subject to change at the discretion of Portland Bicycle Tours.
I agree that all modifications and component swaps (pedals, zip-ties, etc) will be performed by Portland Bicycle Tours staff unless dictated by extenuating circumstances. Extenuating circumstances will be determined at the sole discretion of Portland Bicycle Tours. I agree to pay $5 per bike for zip tie replacement if I remove the front handlebar bag from my rental. This ensures correct operation of my rental.
I will return by bike during business hours.I understand that my rental is my responsibility until checked in and verified as returned by Portland Bicycle Tours staff. I understand that I will be charged a fee if my bike is returned past its due date according to its duration, and that the fee will be at the discretion of Portland Bicycle Tours who's decision will be final.
I understand that I will be offered a helmet and agree and understand that for guided tours a helmet is to be worn at all times while riding and may reduce but does not eliminate the risk of injuries.
I will not carry the bike lock while riding by locking it to the bike frame, I understand that this causes damage to the bike. I understand that there is a $30 to $40 key or lock replacement fee for each key/lock lost.I will be given the opportunity to take the remaining key/lock with me for personal use if I am charged a replacement fee.