If any equipment, such as a rental bicycle, is supplied by BSA for use by me on tour, I shall compensate BSA for all losses, theft, vandalism and/or damage to such equipment while it is under my care, custody or control. If the equipment is damaged, I agree to pay the reasonable costs of repair and diminution in value, if any. If the equipment is damaged beyond reasonable repair (as determined by BSA), I shall be responsible for the retail fair market value less any salvage value, if applicable. This is a legally binding Release, Waiver, and Assumption of Risk (collectively, "Release"), made voluntarily by me, the undersigned participant, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Participant", "I", or "me", which terms shall also include Participant's parents or guardian, if Participant is under 18 years of age), to the Black Sheep Adventures, Inc. agents, owners, officers, volunteers, participants, employees, subcontractors, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively, "BSA"), in consideration of the services provided by BSA. I hereby agree to release, indemnify, and discharge BSA on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in this activity including, but not limited to, biking and hiking activities, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to third parties or to property. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. The risks include, but are not limited to: accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the bicycle; falls from the bicycle; the negligence of other operators of motor vehicles or myself; my own physical condition; the condition of roads/trails, uneven terrain, or highways and accidents connected with their use; slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites (including potential insect-borne illness and diseases), hazardous plant life; equipment failure; and improper lifting or carrying.
- I expressly agree and promise to accept and assume all of the risks and responsibilities in any way arising from or associated with this activity.
- I hereby voluntarily agree to indemnify, defend, and hold harmless BSA thereby releasing and forever discharging them from any and all claims, demands, damages, liabilities, judgments, suits, or causes of action, which are in any way connected with my participation in this activity or my use of BSA's equipment or facilities,excluding any such claims related to the gross negligence or intentional misconduct of BSA.
- I hereby grant my permission for any and all emergency medical/dental treatment and/or first aid to be administered to me, including authorizing any medical treatment facility/hospital to administer emergency treatment, for any illness/injury/accident resulting from participation in this activity.
- If any equipment, such as a rental bicycle, is supplied by BSA for use by me on tour, I shall compensate BSA for all losses, theft, vandalism and/or damage to such equipment while it is under my care, custody or control. If the equipment is damaged, I agree to pay the reasonable costs of repair and diminution in value, if any. If the equipment is damaged beyond reasonable repair (as determined by BSA), I shall be responsible for the retail fair market value less any salvage value, if applicable.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or in the alternative, I agree to bear the costs of treatment for such injury or the costs of damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- I grant permission and irrevocably authorize Black Sheep Adventures, Inc. to copyright, use and publish for any legal purposes whatsoever any and all movies, videos, and photographs of me/my minor child(ren) taken on tour, if applicable, and to use them for promotional and/or commercial purposes without recourse or compensation to me. All such photographs shall be the sole property of the above named entity and I release them from any claims whatsoever, which arise in said regard.
- I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in San Francisco, California. Such proceedings will be governed by substantive California law excluding any application or consideration of the California Arbitration Act.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against BSA on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
January 18, 2020