(This document affects your legal rights. Read carefully before signing.)
In consideration of my being permitted to participate in this Thomus USA group activity and ride (“Activity”) I, for myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest represent, warrant and agree to the following:
Activity includes not only the riding and walking portion of the activity but also any places or businesses that the I or the group visits on the ride or tour
I am at least 18 years of age, and assume all responsibility for the selection and condition of all my equipment (including any supplied equipment) and warrant and represent that all my equipment is in good condition, undamaged and adequate for my use during this Activity. Specifically I have had shown to me or demonstrated to me on my Thomas USA supplied equipment (ebike or non ebike): (1) Braking system use (2) wheels secured to the frame and tires properly inflated (3) throttle and pedaling functions (4) Drive train, brake, and cockpit bolts secure (5) saddle height and bike fit for me (6) turning, stopping, signaling, downhill and uphill use (7) use of the electrical display functions on the bike (8) use of the standard pedals or those requested by rider (if applicable) (9) pinch points or other hazardous areas and activities on the bike. I agree that before the ride I understood all instructions told or demonstrated to me and will abide by the instructions.
I have no physical or medical condition/limitation which to my knowledge would endanger myself or others if I take part in the Activity, or would interfere with my ability to participate in the Activity, nor have I made any misrepresentations concerning my abilities. No representations have been made to me by “Releasees” (identified below in bold print) concerning the safety of the Activity or its location(s)/routes, my skill/ability or the adequacy, suitability or sizing of my equipment.
I understand the safe/proper use of all of my equipment and agree I will NOT do the following during the Activity: (1) allow anyone else to use my equipment; (2) participate in conditions beyond my ability or condition; (3) leave the Activity area, group or course without notifying the activity leader or volunteer in advance; (4) make any adjustments to any supplied equipment; (5) wear any inappropriate clothing, or use headphones or earbuds in any ear or use a cell phone/electronic device while riding in the Activity; (6) leave any supplied equipment unlocked or unattended; (7) participate in the activity under the effects of drugs or alcohol; (8) use the equipment without both hands on the handlebars and feet on both pedals (or in any other inappropriate fashion); (9) ride after sunset or before sunrise (10) make any attempts to adjust or repair any supplied equipment during the activity (and agree to). (11) use anyone else’s equipment during the activity. During the Activity I WILL INSURE that I (1) follow all applicable laws or rules that pertain to the Activity or bicycle/ebike use, (2) will wear a CPSC or ASTM certified helmet during any ride parts of the Activity (3) follow all signage and all lawful directions of the Activity volunteers (4) immediately alert the activity leader as to any problems on my or supplied equipment needing attention. If I observe any condition, which I consider to be unacceptably hazardous or dangerous, I will immediately notify the Activity volunteers or proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
I acknowledge that volunteering for and/or taking part in this Activity is inherently dangerous and exposes me to the possibility of death or serious physical and/or mental trauma or injury, and I FULLY ASSUME THE RISKS ASSOCIATED THE ACTIVITY(IES) INCLUDING, by way of example, and not limitation, the following: collision with or accidents caused by pedestrians, vehicles, other participants or volunteers, use of public transportation, fixed or moving objects, ground surface hazards, inadequate lighting, loss of control due to weather conditions (temperature, wind, rain, fog, ice, snow etc), equipment failure or mis-adjustment; inadequate safety equipment, signage, warnings or instructions; food poisoning, dehydration, illness, and or my lack of skill, condition(ing) or fitness, poor medical condition, inattention, getting lost, or lack of understanding on how to use any equipment or participate in the Activity. These risks may be caused by my own negligent actions or inactions or those of others participating in the Activity, those of the Releasees, the area and/or conditions in which the Activity takes place, and other risks not known or foreseeable at this time.
In consideration of my being permitted to participate in the Activity, I, for myself, and my heirs, children, entities, businesses, executors, administrators, legal representatives, assignees, and successors in interest (collectively "successors") hereby WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE any and all entities associated in any way with the Activity including but not limited to Ciclique Inc., Spinciti, Inc., Thomus USA, government entities or private landowners owning the land used or business visited, activity sponsors, activity participants/attendees, product/service suppliers/vendors and related companies (and their employees, members, agents, officers, directors, shareholders, lessors, volunteers, and activity leaders, hereinafter: “Releasees”) for any and all claims, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM RELEASEES OWN NEGLIGENCE (to the maximum extent permitted by law), which I or another person or entity have or which may hereafter accrue to me, another person or entity, or my successors and from any and all damages or injuries which may be sustained by me, my successors, or another person or entity, directly or indirectly, in connection with, or arising out of, this Activity or any supplied equipment.
Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement cannot be modified or waived orally or in writing. A digital, facsimile or photocopied signature on this agreement has the same force and effect as an original. This agreement will be governed by and interpreted under California law and I agree that any legal action that pertains to the Activity or this agreement will take place in the venue and jurisdiction of Los Angeles County, California.
Image release: As a participant in the Activity and in any facets as to which my participation may be included, I hereby grant Releasees, the irrevocable and unrestricted right and permission to copyright, in name or otherwise, and use, re-use, publish, and re-publish images/words/sounds of/from me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. I also consent to the use of any printed matter in conjunction with any of the above.
Credit card hold and charges: I agree I am solely responsible for any and all damage to my own or supplied equipment. I have also left a copy of my Driver’s License and credit card with Thomus USA staff and agree that the a 48 hour “hold” may be placed on the card and may be charged up to the full retail price of the bike or any borrowed equipment should any damage occur to it due to my carelessness or if it is lost or stolen due to my carelessness (or failure to abide by the terms of this release). The determination as to whether or not damage has occurred to the bike or equipment will not be made until such equipment is fully examined by Thomus USA staff which may not occur until 48 hours after the completion of the activity. I agree to bring any damage to or problem with the supplied equipment to the attention of Thomas USA staff at the time it arises or at the conclusion of the activity.
I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending the claims. I consent to the release by any third party to Releasees (or vise versa) of my name, contact information on this form and medical information (at any time) that may relate to any incident, injury or death I may suffer arising from the Activity. I agree this release will cover all Activities participated in within 1 year of signing.
If you fall or get injured, lost, or get a flat/puncture or other mechanical during the Activity please stop/move to a safe place and call the Activity volunteer(s) at 424-259-0328 as soon as you dismount from the bike and it is safe to do so
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