AGREEMENT FOR USE OF BICYCLE, RELEASE, AND WAIVER OF LIABILITY
PLEASE READ CAREFULLY BEFORE SIGNING:
I and/or my child wish to rent a bicycle or other equipment from Beech Mountain Resort, Inc. (“BMRI”) and/or take bicycle lessons from BMRI and I/we agree to all terms of this Agreement as a condition of doing so.
SECTION I RELEASE: I agree that this AGREEMENT FOR USE OF BICYCLE AND RELEASE AND WAIVER OF LIABILITY is governed by and intended to be as broad and inclusive as permitted by the laws of North Carolina and that the exclusive jurisdiction for any claims is the Superior Court of Avery County, North Carolina. By signing this form, I am acknowledging that I am (or my child is) physically and mentally able to ride a bicycle and I am familiar with riding a bicycle and the risks involved with this activity. I expressly assume all risk of loss, damage or injury that may result from using the bicycle, including the risk due to negligence on the part of BMRI. I agree to fully release and discharge BMRI, its owners, employees, agents and Group Rossignol USA, Inc. (the manufacturer of the bicycle) from any and all claims, including but not limited to injuries to myself or any other person or property, arising out of my use or my child’s use of the bicycle. I specifically agree to release BMRI for its negligence in causing any injury to me or any child for whom I am responsible. I agree to indemnify BMRI for any claims arising out of my use or my child’s use of the bicycle or other equipment. I recognize that INJURIES ARE A COMMON AND ORDINARY OCCURRENCE. In light of the rapid development and spread of the novel COVID-19 virus and the resulting pandemic, I also realize that naturally occurring disease processes (including, but not limited to, COVID-19) can exist throughout the resort property. I have the sole responsibility to safeguard myself and my minor child and assume the inherent risk of exposure to the COVID-19 virus. I have made a voluntary choice to participate in this Biking Activity despite the risks, dangers and hazards that it presents.
SECTION II: EQUIPMENT RENTAL: Late returns are subject to fees. I assume full responsibility for the bicycle and any other equipment rented or included in the rental. I agree to compensate BMRI, at the full retail value, for damages and/or theft of equipment during the rental period. BMRI is not responsible for participants who incur equipment malfunction (i.e. flat tire) during the rental period. Upon request, extra bike tubes and tools can be provided to participants for use with rental equipment. BMRI will do its best to resolve any malfunctions, but this service is not guaranteed.
SECTION III: REPRESENTATIONS AND SIGNATURES: I acknowledge that I have executed this AGREEMENT FOR USE OF BICYCLE AND RELEASE AND WAIVER OF LIABILITY in order to use the equipment and/or participate in a tour/lesson. By signing this form, I acknowledge that I am at least 18 years of age. For each participant who is a minor, the adult participant signing on his/her behalf represents and warrants to BMRI that he/she is the legal guardian of that minor and possesses full legal authority to release and waive claims, and to covenant not to sue on that minor’s behalf. By signing for a minor, I am agreeing that I am their parent or legal guardian and am releasing BMRI from any claims, lawsuits or responsibilities for that minor.
SECTION IV: HELMETS – BMRI requires that all participants wear a proper helmet and seek instruction from staff in the safe operation of all equipment.
I understand and agree that bicycle riding is a hazardous activity, and that severe, disabling and life-threatening injuries may result from crashes, falling, collisions with vehicles or other bicycles, pedestrians, curbs or other fixed or moving obstacles, loss of control, rain, ice, snow and other conditions, darkness and other impediments to visibility, changes in terrain, and other hazards, all of which are inherent risks of cycling that I agree to assume. I understand and agree that I am solely responsible for selecting when, whether, how and where to ride. Neither Rossignol, BMRI, nor any of their officers, agents, employees, affiliates or others named as Released Parties in this Agreement make any warranties or representations regarding the suitability or safety any particular site or area for testing or riding a bicycle, and I understand and agree that all areas, including streets, sidewalks, parking lots, parks, bike paths, bike lanes and other locations and facilities each present unique combinations of hazards for which Customer is solely responsible.