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R E L E A S E OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITIY A G R E E M E N T

This waiver of claims, release of liability, assumption of risks and indemnity agreement (the “Release agreement”) is entered into

BY:
The undersigned participant

1.DEFINITIONS

1.1. In regards to this Release Agreement the following terms shall have the following meaning:

a. RELEASEES: Icebike Adventures ehf., id.no 670312-1000 and all its directors, officers, employees, instructors, guides, representatives, contractors, suppliers and successors.

b. BIKING: All activities, services and use of facilities either provided by or arranged by the Releasees, including, but not limited to: orientation and instruction sessions; recreational activities undertaken during the event/tour; travel by bike; all travel either within or beyond the designated boundaries, including in the backcountry and on roads and trails.

c. PARTIES: The Releasees and Participant.

2.STATEMENT OF PHYSICAL AND MENTAL FITNESS

2.1. I, the undersigned Participant, hereby declare that I am in sound physical and mental condition, that I can make informed and objective decisions and that I am able to take part in the activities provided by the Releasees.

2.2. I am aware that the physical exertion required to take part in Biking and the forces exerted on the body can activate pre-existing physical injuries or conditions. 

2.3. I am not, nor will I be, under the influence of alcohol or drugs, including prescription, illegal or “over the counter” medication, which could impair my ability to participate in Biking. If I am taking any medication I affirm that I have the approval of a licensed doctor to participate in Biking under the influence of such medication. 

3.INSURANCE 

3.1. I, the undersigned participant, am completely and adequately covered by appropriate personal insurance coverage for any personal injuries, death, loss of property, loss of income and possible liability. If I am not completely and adequately covered by such insurances I acknowledge that I will personally be liable for all costs and damages which I may incur. 

4.ASSUMPTION OF RISKS 

4.1. I am aware that Biking involves many inherent risks, dangers and hazards, including, but not limited to: traffic, exposed rock, earth, ice or other natural objects; trees, holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; travel on back-country roads; snow-cat roads, road banks and cut banks; impact or collision with other  bikes and vehicles, becoming lost or separated from the guides or other participants; mechanical failure of  bikes and equipment; extreme and rapidly changing weather conditions; avalanches; the failure to operate a bike safely or within one ́s own ability and negligence of other bikers and other persons; negligence on the part of the Releasees, including the failure by the Releasees to safeguard or protect me from the risks, dangers and hazards referred to above. 

4.2. I am aware that communication in the terrain where the biking takes place, may be difficult and that in the event of an accident, rescue, evacuation and/or medical treatment may be delayed. 

4.3. I am completely and fully aware of the risks, dangers and hazards associated with Biking and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom. 

5.RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

5.1. In consideration of the Releasees agreeing to my participation in Biking and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, the undersigned participant, hereby agree as follows: 

To waive any and all claims that I have or may have in the future against the Releasees and to release the releases from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in biking, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory provision or act or other duty of care on the part of the Releasees, and further including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of participating in Biking referred to in article 4 of the Waiver. 

To hold harmless and indemnify the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in biking.
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. 

6.GOVERNING LAW AND JURISDICTION 

6.1. This Release Agreement and any rights, duties and obligations between the parties to this Release agreement shall be governed by and interpreted solely in accordance with Icelandic laws. 

6.2. The District Court of Reykjavík shall have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with this Release Agreement and the Parties submit to the exclusive jurisdiction of the District Court of Reykjavík. 

7.MISCELLANEOUS 

7.1. Entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Biking, other than what is set forth in this Release Agreement. I acknowledge that the Releasees have not made any representations as to the safety of Biking. 

7.2. Each article of this Release Agreement shall be considered separable and if for any reason any article or articles in this Release Agreement are determined to be invalid or contrary to any existing or future law, that invalidity shall not impair the operation of this Release Agreement or affect those articles which are valid. 

7.3. I have been provided a copy of this Release Agreement and I have been advised to read it carefully. I have also been advised about the possibility to have a lawyer to read and explain this Release Agreement to me. 

I confirm that I have read and understood this Release Agreement prior to signing it and that I am aware that by signing this Release Agreement I am waiving certain legal rights, including the right to sue or claim compensation following an accident, which I, or my heirs, next of kin, administrators, assigns and representatives may have against the Releasees. 

First Participant Name
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First Participant Signature*
Second Participant Name
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Sixth Participant Name
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Seventh Participant Name
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Eighth Participant Name
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Ninth Participant Name
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Tenth Participant Name
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Parent or Guardian's Email Address
Email*
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
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Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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