RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: Practical Cycle LLC and the owners, directors, officers, employees, instructors, guides, agents, independent contractors, subcontractors, representatives, equipment manufacturers, equipment distributors, successors and assigns, (all of whom are hereinafter collectively referred to as “THE RELEASEES”)
WHO THIS AGREEMENT APPLIES TO
This Release Agreement applies to human and electric powered bicycles, tricycles and safety equipment rental (“the rental equipment”) and is for the protection of Practical Cycle LLC and the owners, directors, officers, employees, agents, representatives, independent contractors, subcontractors, successors and assigns (all of whom are hereinafter collectively referred to as “the Releasees”)
BIKE AND CYCLE SAFETY
Helmets are required. I have been advised to wear an approved helmet and other protective equipment while cycling.
ASSUMPTION OF RISKS
Injuries are a common and accepted part of biking and cycling. Biking and cycling take place on uneven and rugged terrain and surfaces that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards including but not limited to: mechanical failure of bikes and cycles; improperly adjusted or maintained equipment; variation or steepness in terrain; inability to control speed and direction; loss of balance; collisions with manmade and natural objects including trees and rocks; collision with vehicles, cyclists or other persons and NEGLIGENCE ON THE PART OF RELEASEES, INCLUDING FAILURE ON THE PART OF RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS OF BIKING AND CYCLING.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the rental of the Equipment, I hereby agree as follows:
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of the Equipment.
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity.
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the state of California and no other jurisdiction and
- Any litigation involving the parties to this Agreement shall be brought solely within the state of California and shall be within the exclusive jurisdiction of the Courts of the state of California.
- In the event of any action to enforce or interpret this Release Agreement, the prevailing party shall be entitled to their attorney’s fees and costs, including attorney’s and costs on appeal and to enforce any judgment.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. THIS IS THE ENTIRE AGREEMENT BETWEEN RELEASEES AND RENTER AND MAY NOT BE MODIFIED.
Dated: May 8, 2021