Tour de Vine Waiver

Tour de Vine Inc.

ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT

Assumption of Risk: I understand and accept that renting this bicycle and participating in bicycling/bicycling wine/beer tours exposes me/my child to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also understand I/my child should be in good physical health to participate in bicycling, and I confirm that I/my child have no significant health issues that prevent me/my child from participating in bicycling. I/my child have no medical conditions, nor have I/my child been diagnosed with a condition that prevents me from bicycling. In spite of the aforementioned risks and acknowledgements, I hereby assume all risk of injury or loss of life to myself/my child and loss of or damage to property arising out of renting this bicycle and participating in bicycling. I understand the inherent risk involved in using this rental bicycling equipment and accept full responsibility for any and all such damage or injury which may result.

Waiver And Release: In consideration of Tour de Vine Inc. renting me/my child this bicycle, I specifically release and forever discharge Tour de Vine Inc. and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I/my child may suffer while renting this bicycle and participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Tour de Vine Inc. or its affiliates, officers, agents, or employees. It is my intent by the Waiver And Release Agreement to release Tour de Vine Inc. and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Tour de Vine Inc. or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me/my child while I am engaged in renting this bicycle or participating in bicycling for wine/beer tour purposes, I will have no right to make a claim or file a lawsuit against Tour de Vine Inc. or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury/my child’s injury, illness, death or damage.

BICYCLE

Customer agrees to return the bike in clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the shop’s discretion and customer agrees to pay regular shop rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.

HELMET POLICY

Tour de Vine Inc. requires that you must wear a helmet at all times while on the bicycle. If you choose not to wear one you understand the increased risk of injury and release Tour de Vine Inc. from all increased risk of same. It is only legally required to wear a helmet in Ontario if you are under the age of 18.

I Agree

I understand that I need to return the bicycle in the same condition as I received it, less general wear and tear. Otherwise, the credit card on file for the booking will be subject to charges in order to pay for such damages.

I Agree

I understand that this activity may result in severe injury, including but not limited to spinal or head injury.

I Agree

I understand that this activity may result in hazards posed by other bicycles and traffic or road conditions.

I Agree

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRITY AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY.

I Agree

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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.

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Electronic Signature Consent*

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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