In consideration for my participation in bicycling, bike trips, bicycle rental, and/or bike skills lessons and coaching, and all other related activities (collectively, the “Activity”) provided by BIKING FOR A BETTER WORLD, INC., and/or the officers, directors, staff, employees, coaches, and subcontractors of BIKING FOR A BETTER WORLD, INC. (collectively, “BFABW”), and/or my use of BFABW’s property, equipment, transportation, and/or services, I HEREBY VOLUNTARILY AGREE to the following:
- I UNDERSTANDthat my participation in the Activity can be dangerous and involves the risk of property damage, serious bodily injury, and even death. I further understand that there are inherent risks associated with the Activity, both known and unknown, which may include, but are not limited to, jumps, rollers, berms, uneven terrain, rocks, trees, collisions with other participants or objects, manmade features, dusty conditions, mechanical failures, tire pops, crashes, motorists, public roads, slips, trips, falls, and negligent rescue operations. I expressly assume any and all risk of injury, illness, or death associated with my participation in the Activity, as well as all social and economic losses arising from the same, whether known or unknown at this time.
- I FULLY RELEASE BFABW FROM LIABILITY AND AGREE NOT TO SUE BFABW for any and all claims and/or causes of action arising from my participation in the Activity, even if said claims or causes of action arise from BFABW’s alleged negligence. I further agree to release BFABW from any and all liability arising out of my use of, or presence at, the bike park, public roads and parking lots, airbag jump, BFABW bicycles, or rental bicycles or bicycling facilities used by BFABW, whether caused by myself, BFABW, or a third party.
- I AGREEto hold harmless, indemnify, and defend BFABW against all claims, causes of action, damages, judgments, cost or expense, including attorney’s fees and other costs, which may in any way arise from my participation in the Activity or my use of, or presence at, the bike park, airbag jump, public roads and parking lots, BFABW bicycles, or bicycling facilities used by BFABW.
- I understand and agree that the manner and method of BFABW’s services are in the sole discretion of BFABW and that BFABW does not guarantee any outcome or improvement in skills as a result of my participation in the Activity. If I believe a condition is unsafe, I will immediately discontinue my participation in the Activity.
- I AGREE thatBFABW may take and use of photographs of me, alone or with others, and/or my property, for advertising, internet use, or any other purpose, without restriction or my approval. I hereby release BFABW from any and all claims or liability relating to BFABW’s right to take, use, alter, and composite said photographs.
- I AGREE that any legal or equitable claim that may arise from my participation in the above shall be resolved under California law and that the venue shall be solely and exclusively in Truckee, California.
I HAVE READ AND UNDERSTAND THIS RELEASE AND I UNDERSTAND THAT BY SIGNING THIS RELEASE I VOLUNTARILY WAIVE CERTAIN LEGAL RIGHTS: