Today's Date: November 16, 2019
Please read and be certain you understand the implications of signing.
Participant understands assigned waiver is valid for any Mountain Bike Tour for our current season.
Photo Release Agreement
I hereby grant the Keweenaw Adventure Company permission to use my likeness in a photograph, video, or other digital media (photo) in any and all of its publications, including web-based publications, without payment or other consideration. (NOTE: If you do NOT agree please speak with shop representative to confirm your likeness is not to be used in media, and meanwhile click "Agree" to proceed and complete waiver.)
Rental Equipment Use Agreement (if applicable):
Participant agrees to inspect all equipment before use and ask questions of facility employees if participant does not fully understand how to use and/or operate the equipment or facilities. Participant accepts any equipment AS IS and agrees to return any equipment before use that is believed by participant to be damaged or defective for replacement or repair.
Participant acknowledges receipt of rental equipment for self AND participants registered under name. Participant accepts responsibility for the same while in possession and agrees to return all rental equipment at or before the termination of the rental period.Participant understands they will be liable for up to the full replacement value of rental equipment not returned and for any extra charges (or full replacement value) if the equipment is damaged beyond normal wear or destroyed beyond repair.
*EQUIPMENT DAMAGE PROTECTION: Participant understands the option to purchase "Equipment Damage Protection." If subscribed to this option, participant understands it covers damages up to $500 considered within the realm of normal wear and they will be liable to pay for any damages over and above $500 of the repair or replacement value. Participant understands the "Equipment Damage Protection" option is void in cases where damage is considered to be beyond normal wear and rather a result of negligence.
Assumption of Risk Associated with Bicycle and Shuttle Service (if applicable) activities:
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with biking activities. Inherent hazards and risks include but are not limited to:
- Risk of injury from the equipment utilized and activities is significant including the potential for permanent disability or death.
- Possible equipment failure and/or malfunction of my own or other's equipment.
- AGREEMENT TO WEAR A HELMET AT ALL TIMES. However, a helmet cannot guarantee the participant's safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer's face, neck or spinal cord.
- Changes in terrain, encountering rocks, trees, debris, fences, sign posts, stumps, bridges, boardwalks, roads, pathways, ramps, jumps, other persons, traffic and other natural and man-made hazards.
- My own negligence and/or the negligence of others, including but not limited to operator error.
- Broken bones, severe injuries to the head, neck and back which may result in severe impairment, permanent disability or even death.
- Cold weather and heat-related injuries and illness including but not limited to frostnip, frost bite, hypothermia, heat exhaustion, heat stroke, sunburn and dehydration.
- Exposure to outdoor elements, including but not limited to inclement weather, thunder and lighting, severe and/or varied wind, temperature or weather conditions.
- Attack by or encounter with insects, animals and/or wildlife. PLEASE NOTE: If paticipant(s) use an INHALER and/or require EPINEPHRINE (EpiPen), they are responsible for bringing their medication for self-administration during the entire rental duration. Keweenaw Adventure Company, LLC DOES NOT provide INHALER or EPINEPHRINE (EpiPen) medications.
- Accidents or illness occurring in remote places where there are no available medical facilities and rescue may be distant and time-consuming at best.
- Fatigue chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
- My sense of balance, physical coordination, and ability to follow instructions.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement:
In consideration for being permitted to participate in biking activities, I hereby agree, acknowledge and appreciate that:
- I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees: Keweenaw Adventure Company, LLC.
- To release the releasees, their officers, directors, employees, representatives, agents and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death or loss or damage to person or property that may occur as a result of engaging in the above activities.
- By entering into the Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
Declaration of Fitness Agreement:
Furthermore, I hereby declare that I am physically fit and that I have no physical or mental condition(s) that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of biking activities, I will notify an instructor/guide (if applicable) immediately and before moving away from the immediate vicinity.
*I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEAGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.