Today's Date:September 17, 2021
Please read and be certain you understand the implications of signing.
Participant understands signed waiver is valid for any Mountain Bike Shuttle Service for our current season.
Assumption of Risk Associated with Mountain Bike Shuttle Service activities:
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the use of the mountain bike shuttle service. Inherent hazards and risks include but are not limited to:
- Risk of injury from this activity and equipment utilized is significant including the potential for permanent disability or death.
- Possible equipment failure and/or malfunction of my own or other's equipment.
- Possible equipment/ damage to bike from transporting via shuttle trailer. I understand that Keweenaw Adventure Company LLC is not responsible for the repair, replacement and/or any associated expenses as a result of my bicycle(s) being damaged during shuttle transportation.
- 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 tour 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.
- Participation in this activity(s) may include possible exposure to and illness from COVID-19. While Company safety protocols and personal discipline may reduce this risk, the risk of serious illness or even death does exist.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
I AGREE THAT I WILL WEAR A HELMET AT ALL TIMES. However, I undersatand a helmet cannot guarantee 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.
Release of Liability, Waiver of Claims and Indemnity Agreement:
In consideration for being permitted to participate in mountain bike shuttle service 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.
- Keweenaw Adventure Company LLC does not have liability insurance coverage for its customers being transported in its vehicle. I assume all responsibility for all damage to personal property, bodily injury or even loss of life in the event of an accident.
- 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 then 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 will not participate in this activitiy if I have any COVID-19 symptoms, that I'm physically fit and 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 Mountain Bike Shuttle activities, I will notify an instructor/guide (if applicable) immediately and before moving away from the immediate vicinity.
*I HAVE READ THE ASSUMPTION OF RISK / RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT/ DECLARATION OF FITNESS AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.