I, the undersigned, in consideration of using the bicycles owned by The Grand Hotel Golf Resort & Spa, state that I have read and understand and hereby expressly accept and agree to the following:
A. Room Charge: I understand that due to high demand the first hour is complimentary and any additional consecutive hours will be a room charge of $10 per hour per bike.
i. A 10 minute grace period is applied
ii. Bikes not returned to attendant will incur hourly charges over night of $10 per hour per bike.
B. Risk of Personal Injury: I understand that the risks of biking are numerous and include, but not limited to, the following: Death, Paralysis, Head injuries, broken bones, cuts, scraps, damages to bikes, gear and clothing and causing damage to and/or injuring others; falling, loss of control; encounters trees, limbs, brush, structures and/or other man made or naturally occurring obstacles: encountering unpredictable terrain such as varying steepness, mud, holes, gravel or narrow trails: negligence of other riders, persons or vehicles: and/or negligent action of The Grand Hotel Golf Resort & Spa any owners of property ridden on, their officers, employees, or agents(herein collectively referred to as ”Grand Hotel”).
C. Conditions and Representations
- I have made no misrepresentations to The Grand Hotel in any regard, including, but not limited to, my height, weight, age, abilities, or biker type.
- All instructions for the use of any bike(s) or other biking equipment (the “Equipment”) have been made clear to me, and I fully understand how to use the “Equipment”. I accept the “Equipment” for use as is, and accept full responsibility for the care of the “Equipment” while it is in my possession.
- I have a helmet or one has been provided to me and I will wear a helmet at all times. I understand that wearing a helmet may decrease the risk of head injury.
- The bike loaned to me by “The Grand Hotel” is working properly. I am physically and mentally able to ride the bike and I am familiar with bike riding and its physical and mental requirements and risks involved.
- I will read and follow all instructions and signs. I agree that “The Grand Hotel” may revoke and/or confiscate my pass to ride and prevent my use of the “equipment” for unsafe or rude conduct or failure to obey the instructions.
- I agree that I am fully responsible for all damage or loss to the bike and agree to pay for all repairs or for the replacement cost of the bike, if lost, stolen or damaged.
D. Release of all Liability (including negligence). I AGREE TO FULLY RELEASE AND DISCHARGE THE GRAND HOTEL FROM ANY LIABILITY FOR ANY DAMAGES, INJURIES, OR CLAIMS, and INCLUDING ANY INJURIES OR DAMAGIES OCCCURING FROM NEGLIGENCE OF “Grand Hotel” to myself or any other person or property, as a result my participation in bike usage. I fully understand and agree to release “Grand Hotel” for its negligence in causing in whole or in part any injury to me.
E. Express Assumption of Risks. I EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE, OR INJURY OCCURRING AS A RESULT OF PARTICIPATING IN BIKE USAGE, INCLUDING THE RISK OF “THE GRAND HOTEL’S” NEGLIGENCE
F. Promise not to sue and hold harmless. I AGREE NO LAWSUIT WILL BE FILED BY ME OR ON MY BEHALF AGAINST THE “THE GRAND HOTEL” as a result of my participation in bike riding. If I do file a lawsuit, I agree to pay any attorney fees, costs or judgments incurred by “The Grand Hotel” even if “The Grand Hotel” is found negligent. I further agree to indemnify “The Grand Hotel” and hold it harmless for any damages, injuries, judgments or lawsuits, including all attorney’s fees and cost incurred by “The Grand Hotel” as a result of my participation in bike riding or any lawsuits resulting from such participation. I agree my obligation to indemnify and hold “The Grand Hotel” harmless applies even if “Grand Hotel” is negligent.
I understand this is a contract, which limits my legal right, and it is binding upon me, my heirs and legal representative. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. By signing the Release of Liability the undersigned acknowledge she/he has fully read and understands the above and foregoing.
Signature of Rider:
October 21, 2019
MINORS- Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this Release.
The parent and the participant under 18 have read, understand and agree to comply with this release. By signing this document, the parent agrees to each of the provisions above, including indemnity and hold "The Grand Hotel" its agents or employees harmless from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whether "The Grand Hotel", its agents or employees are negligent or not.
Signature of Parent/Guardian: