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Bicycle Coalition of Maine/MaineDOT E-Bike Demonstration Program Waiver Ride Waiver and Release of Liability & Gorham Bike and Ski Equipment Waiver

In consideration of being permitted to participate in electric-assist bicycle (e-bike) demo rides and any related events and activities (collectively the “Event”) offered by the Bicycle Coalition of Maine or the MaineDOT to the PARTICIPANT, for themselves, and their personal representatives, heirs, spouse, parents, siblings, and children, hereby acknowledges and agrees to the following:

 

1. ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that the lesson and/or tour and related activities (“Activities”) I am about to engage in voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of THE BICYCLE COALITION OF MAINE. I further acknowledge that I understand the nature of cycling and related Activities and that I am 18 years or older, qualified, in good health and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.

 

2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling and electric bicycle riding, and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releases” named below; (c) there may be other risks and social and economic losses either known of unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, arising from my participation in the Activities.

 

3. I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the Activities and agree not to sue THE BICYCLE COALITION OF MAINE, the Maine Department of Transportation, Gorham Bike and Ski, its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations; and I further agree that if despite this release and Waiver of Liability, assumption of risk, and indemnity agreement, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse THE BICYCLE COALITION OF MAINE for any damage caused to property of THE BICYCLE COALITION OF MAINE, as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.

 

4. I AGREE TO ABIDE by THE BICYCLE COALITION OF MAINE’s policies and agree to comply with all instructions of the guide, instructor, staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activities without reimbursement or cancelation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities. I agree that if in the judgment of my instructor and/or guide, he/she must call for assistance during the trip due to my noncompliance with his/her instructions or THE BICYCLE COALITION OF MAINE’s policies that I accept responsibility for paying and associated rescue and transportation costs.

 

5. By participating in or attending any Activities in connection with THE BICYCLE COALITION OF MAINE, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

 

6. I represent that without the permission of the organizer of the Event I will not transfer my right to participate in the Event to any other party, or encourage any other party to participate in the Event, unless registered with the organizer, and will hold harmless and indemnify the Released Parties from any liability of the Released Parties because this representation is found to be untrue.

 

ALL DISPUTES BETWEEN MYSELF AND ANY RELEASED PARTY ARISING FROM MY PARTICIPATION IN THE EVENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF MAINE, AND THE EXCLUSIVE JURISDICTION THEREOF SHALL BE IN THE STATE COURTS OF THE STATE OF MAINE, AND THE VENUE FOR THESE DISPUTES SHALL BE IN CUMBERLAND COUNTY, MAINE.

 

IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON OR UNDER ANY CIRCUMSTANCE, IT IS INTENDED THAT ALL OTHER TERMS WILL BE ENFORCED IN ALL OTHER CIRCUMSTANCES.

 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND I INTEND BY CHECKING BELOW I DO CONSTITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF MAINE.

 

I HAVE NOT RELIED ON THE ADVICE OR INPUT OF ANY RELEASED PARTY ABOUT THE INTERPRETATION OR EFFECT OF THIS AGREEMENT, AND FURTHER ACKNOWLEDGE THAT NO RELEASED PARTY HAS THE AUTHORITY TO MAKE ANY REPRESENTATIONS CONCERNING THE INTERPRETATION OR EFFECT OF THIS AGREEMENT, OR TO VERBALLY LIMIT OR MODIFY ANY TERM OF THIS AGREEMENT.


GORHAM BIKE & SKI BICYCLE EQUIPMENT WAIVER

 

BICYCLE TEST-RIDE WARNING, ASSUMPTION OF RISK & RELEASE OF LIABILITY

 

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.


1. The person who is testing riding bicycle/s from Gorham Bike & Ski, Inc shall be referred to hereinafter as “Rider”. The “Undersigned” means only the Rider when the Rider is age 18 or older OR it means both the Rider and the Rider’s parent or legal guardian when the Rider is under the age of 18. The Undersigned agree and understand that test riding bicycles and bicycling in general, whether on or off-road or paths, (hereinafter, individually and collectively, the “Test Ride Activity”) can be HAZARDOUS AND INVOLVE THE RISK OF PROPERTY DAMAGE, PHYSICAL INJURY AND/OR DEATH.

 

2. The Undersigned agree to accept for use any and all Test Ride Activity equipment “AS IS” and WITH NO WARRANTIES, express or implied. The Undersigned agree that they have had the full and fair opportunity to completely inspect the equipment. The Undersigned agree that the Rider identified on this form will be the only person using the equipment. If the Undersigned feel the equipment is not in proper working order and/or or is not functioning properly, Rider will not use it or otherwise stop using it immediately and return it for inspection, possible repair, adjustment and/or replacement.

 

3. The Undersigned accept full responsibility for the care of the equipment during the Test Ride Activity and will be responsible for the return, replacement and/or repair at full retail value as determined by the shop of any equipment utilized and not returned or returned in a damaged condition. The Undersigned agree that Gorham Bike & Ski, Inc is authorized and shall have the right to charge the Undersigned’s credit card for repair and/or replacement cost for damaged and/or unreturned equipment.

 

4. The Undersigned agree and understand that risks and dangers associated with the Test Ride Activity include, but are not limited to, property damage, injury and/or death from or related to:

Falling; crashing; loss of control; equipment failure; equipment malfunction; equipment damage; Rider’s improper use of equipment; flat tires; wheel rotation impairment and/or lock-up; brake failure; wheel skewer/quick-release slippage and/or failure; high speed; slick or uneven conditions; loss of balance; variations in slope, surface and subsurface terrain; rugged terrain; bumps; stumps; forest growth; downed timber; rocks of various sizes; loose gravel; sand; dirt, paved or unpaved surfaces; curbs; stairs; gutters; grates; soft shoulders; ruts; mud; potholes; debris; road conditions; course and venue configuration and/or conditions; marked and unmarked obstacles; blind corners; drainage channels; varying visibility; unmaintained roads and/or trails; road, trail and/or other path obstructions; unmarked roads and/or trails; Rider or another acting in a manner that may cause and/or contribute to injury to Rider or others, such as failing to maintain control, selecting terrain that exceeds his/her ability, and not acting within his/her ability; Rider’s failure to comply with signage and/or rules of the road; collisions with natural and man-made objects or other people; ramps, jumps, and features; encounters with

cars and/or other motor vehicles; operator error; operating/riding while physically and/or mentally impaired; adverse weather; Rider’s health condition; strenuous activity; fatigue; exhaustion; dehydration; heatstroke; and mental distress from exposure to any of the above.

 

5. The Undersigned acknowledge and understand that the description of the risks listed above is not complete and that all activities, whether or not described, may be dangerous and may also include risks and dangers which are inherent and/or which cannot be reasonably avoided.

By signing this document, the Undersigned recognize that property loss, injury, serious injury and death are all possible while participating in the Test Ride Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE TEST RIDE ACTIVITY, VOLUNTARILY CHOOSE FOR RIDER TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE TEST RIDE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

 

6. Additionally, in consideration of allowing Rider to participate in the Test Ride Activity, THE UNDERSIGNED HEREBY AGREE NOT TO SUE Gorham Bike & Ski, Inc, the Bicycle Coalition of Maine, the MaineDOT or any of their respective entities, affiliates, parents, subsidiaries, insurance carriers, agents, employees, representatives, assignees, officers, directors, and/or shareholders of all of the above (each hereinafter a “Released Party””). Also, the UNDERSIGNED AGREE TO HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Rider’s participation in the Test Ride Activity, including, but not limited to, those claims based on any Released Party’s alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY.

 

7. The Undersigned take full responsibility for any property damage (including but not limited to equipment damage), injury or loss to Rider, including death, which Rider may suffer, arising in whole or in part out of Rider’s participation in the Test Ride Activity. By signing this Agreement, the UNDERSIGNED AGREE they are releasing any right to make a claim or file a lawsuit against any Released Party.

 

8. By execution of this Agreement, the Undersigned also AGREE TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from any and all claims of the Undersigned and/or a third party arising in whole or in part from Rider’s participation in the Test Ride Activity and use of the equipment.

 

9. The Undersigned recognize and understand that IT IS RECOMMENDED THAT RIDER WEAR A PROTECTIVE HELMET. THE UNDERSIGNED UNDERSTAND THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN PROVIDED FOR RIDER’S USE. The Undersigned understand that helmets may reduce or mitigate the severity of head injuries to Renter but that a HELMET is in no way a guarantee of safety, and that no helmet can protect the wearer against all foreseeable impacts to the head. The Undersigned recognize that helmets have limited capability as far as shock absorption and that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn. The Undersigned also understand that the helmet does not guard against injury to the neck, spine or any other

part of the body, and bicycling and other related activities can expose the user to forces that exceed the limits of protection provided by a helmet

 

10. In consideration for allowing Rider to participate in the Test Ride Activity, the Undersigned AGREE THAT ANY AND ALL CLAIMS for injury and/or death arising from Rider’s participation shall be GOVERNED BY MAINE LAW and EXCLUSIVE JURISDICTION of any claim shall be the DISTRICT COURT OF THE LOCAL COUNTY, or in the FEDERAL COURT FOR THE STATE OF STATE MAINE.

 

11. In the case of a minor Rider, the undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Rider, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor Rider would not be permitted to participate in the Test Ride Activity.

 

12. By signing this Agreement without a parent or legal guardian’s signature, Rider, under penalty of fraud, represents that they are at least 18 years of age. If signing as the parent or guardian of a minor Rider, signing adults represent that they are a legal parent or guardian of the minor Rider.

 

13. The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

 

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

 


First  Name
First Name*
Middle Name
Last Name*
First  Age Acknowledgment*
First  Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First  Signature*
Second Name
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Middle Name
Last Name*
Date of Birth*
Date of Birth
Third Name
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Date of Birth*
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Fourth Name
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Date of Birth*
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Fifth Name
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Date of Birth*
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Sixth Name
First Name*
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Seventh Name
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Eighth Name
First Name*
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Date of Birth*
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Ninth Name
First Name*
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Date of Birth*
Date of Birth
Tenth Name
First Name*
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Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
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 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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