RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
This document affects your legal rights. You must read & fully understand it before signing.
In consideration of the services of Free-to-Roam eBiking, LLC., dba Free-to-Roam eBiking, LLC., the rate charged for those services, or the worth of them as freely given, and the right to engage in the Activities as a participant, hereby acknowledge, agree, promise and covenant with Free-to-Roam eBiking, LLC and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and next of kin:
1. ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that the lesson, test-ride, rental 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 Free-to-Roam eBiking, LLC. I further acknowledge that I understand the nature of cycling and related Activities and that I am 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. In exchange for being allowed use of these services and/or enjoyment, I understand that this agreement is material inducement to Free-to-Roam eBiking without which Free-to-Roam eBiking would not provide the services to me.
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 “Releasees” named below; (c) there may be other risks and social and economic losses either known or 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, that of the minor named above, 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 Free-to-Roam eBiking, LLC., 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 or alleged to be 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 of Liability, Waiver of Claims, Assumption of Risk & Indemnity Agreement, I, 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 Free-to-Roam eBiking, LLC. for any damage caused to property of Free-to-Roam eBiking, LLC. 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 Free-to-Roam eBiking, LLC.’s policies and agree to comply with all instructions of the guide, instructor or 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 without reimbursement of fees paid or owed. 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 Free-to-Roam eBiking, LLC.ʼs policies that I accept responsibility for paying any associated rescue and transportation costs.
5. By participating in or attending any Activities in connection with Free-to-Roam eBiking, LLC., 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. ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19. Free-to-Roam eBiking, LLC has put in place preventative measures to reduce the spread of COVID-19 in accordance with federal and state guidelines; however, Free-to-Roam eBiking, LLC cannot guarantee that you or your party will not become infected with COVID-19. Further, engaging in activity with Free-to-Roam eBiking, LLC including but not limited to attending a Free-to-Roam eBiking, LLC tour, event, ebike rental or test-ride with Free-to-Roam eBiking, LLC, or visiting a Free-to-Roam eBiking, LLC pop-up station (collectively, “Activities”) could increase your risk and your Travel Party’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself, any minor children and additional members of my Activities with Free-to-Roam eBiking, LLC for whom I have the capacity to contract (“Party”) may be exposed to or infected by COVID-19 by engaging in any Free-to-Roam eBiking, LLC Activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at a Free-to-Roam eBiking, LLC station may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Free-to-Roam eBiking, LLC employees, partners, my Party, and other customers/guests and their families.
My signature, or that of anyone claiming on my behalf, indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely, without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Free-to-Roam eBiking, LLC., its agents or employees, and myself or anyone claiming on my behalf, and it cannot be modified or changed in any way by the representation or statements of any employee or agent of Free-to-Roam eBiking, LLC. or by me or anyone claiming on my behalf. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All participants are subject to acceptance by Free-to-Roam eBiking, LLC, Upon acceptance of my booking or acceptance to participate, this agreement shall be deemed to have been entered into and to be performed in the United States of America, and shall be construed according to the laws of the State of New Mexico.