I and/or my child (collectively I, me or my) understand and acknowledge that I have voluntarily chosen to participate in this ride and any future Folsom Bike rides that I attend. I understand that I may not be supervised by Folsom Bike staff and am solely responsible for my own actions. In consideration for me being allowed to participate, I hereby agree to release and discharge from all liability Folsom Bike (Podium Enterprises, LLC), and each of their agents, owners, investors, officers, directors, volunteers, employees, coaches, instructors, contractors, participants, guests, all other persons or entities acting in any capacity on their behalf, landlords, and property owners (herein after collectively referred to as Folsom Bike, on behalf of myself, my children, my parents, my heirs, my assigns, my personal representatives, my guardian, and my estate as set forth herein.
Acknowledgement of Risks: I recognize that there are significant inherent and other risks, which may or may not all be listed in this document, associated with the use of a bicycle and bicycle riding. These dangers include but are not limited to crashing, tipping over, being struck by a moving vehicle, equipment failures of any kind, and physical, mental, and emotional injury as a result of engaging in physical activity. I recognize that if I encounter these risks, serious injury or even death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in bicycle riding activities. I confirm that I am physically and mentally capable of participating in bike riding activities and I understand that if my physical or mental condition changes after the execution of this agreement such that I am not capable of participating in bike riding, I am obligated to cease participating in these activities.
Assumption of Risks: Despite the risks involved in bicycle riding and as consideration for being allowed to participate in bicycle riding activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISKS OF INJURY OR DEATH, both known and unknown, that might be associated with my participation in bicycle riding activities. My participation in bicycle riding and its activities is purely voluntary, and I elect to participate, understanding the existence of these risks.
Agreement Never to Sue: I AGREE NEVER TO SUE AND I AGREE TO RELEASE FROM LIABILITY Folsom Bike for any damage, injury or death to me arising from participation in bicycle riding or the use of the bicycle equipment, regardless of cause, including the ALLEGED NEGLIGENCE of Folsom Bike, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that this WAIVER (ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY) will prevent me, my child,my legal representative, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation of bicycle riding and the use of the bicycle equipment.
Indemnity: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in bicycle riding or the use of the bicycle equipment, I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Folsom Bike for any and all damages, attorneys fees, and costs arising out of such a claim or lawsuit.
Insurance: I represent and certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in bicycle riding, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical condition that could interfere with my safety while bicycle riding, or else I am willing to assume, and bear the cost of, all risks that may be created, directly or indirectly, by any such condition.
Orientation and Training: I acknowledge that I have asked any questions that I may have prior to participating in bicycle riding. If the participant is a minor, and this agreement is signed by a parent or guardian, I as the parent or guardian understand that it is my responsibility to review the bicycle operations. I acknowledge and agree that I am responsible for completing the required orientation. I understand that if I need additional assistance, orientation, instruction, training or assessment at any time before or during my participation it is my responsibility to seek such assistance, orientation, instruction, training or assessment prior to participating in bicycle riding for which I need additional assistance, orientation, instruction, training or assessment.
Rules: I agree to follow and abide by all bicycle safety rules and regulations for where I am riding.
Photo and Video Release: Folsom Bike may photograph or video activities and its facilities and participants, including me. I agree to grant Folsom Bike, its representatives, employees, participants, and others the right to take photographs or videos of me in connection with my participation in the activities. I hereby authorize them to copyright, use and publish the same in print and/or electronically. I hereby agree that they may use such photographs or me for any lawful purpose, including but not limited to marketing, publicity, illustration, advertising, Web content, and evidence in litigation.
Governing Law, Jurisdiction and Severability of Provisions: I agree that this Waiver (Assumption of Risk Agreement and Release of Liability) shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Folsom Bike, I agree to do so solely in the State of California, Sacramento County Superior Court. I agree that if any portion of this Waiver (Assumption of Risk Agreement and Release of Liability) is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing. THIS IS A WAIVER (ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY).
DO NOT SIGN THIS UNLESS YOU AGREE TO BE BOUND BY ITS TERMS. I HAVE CAREFULLY READ ALL PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN MYSELF AND FOLSOM BIKE, AND I SIGNED IT OF MY OWN FREE WILL. I AGREE TO BE BOUND BY ITS TERMS IN THEIR ENTIRETY. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF.